Chapter 3

 

Private Fire Prevention and Qualified Insurance Approved Resources

 

 

 Section 1.  These rules are promulgated under the State Forester's authority in Wyoming Statute § 36-2-108(b)(ix) and (xi).

 

 Section 2.  Definitions.

 

 (a) "Private Fire Prevention Resource (PFPR)" means an approved Resource employing personnel, operating equipment, and hired by private persons or entities operating during an active fire incident in compliance with instruction and oversight of the incident management team of the authority having jurisdiction with a mission to mitigate risk to client structures. These private Approved Resources are not employed by or otherwise associated with the agency having jurisdictional authority over the incident response or any other public agency involved in the incident response.

 

 (b) "Qualified Insurance Resource (QIR)" means an approved resource employing personnel, operating equipment, and working for, or contracted by, an insurance company with a mission to mitigate risk to insured structures.

 

 (c) "Approved Resource" means a Private Fire Prevention Resource (PFPR) or Qualified Insurance Resource (QIR) that has been approved by the Wyoming State Forestry Division to carry out their respective missions, as defined herein, on wildfire incidents.

 

 (d) "Wildfire Access Approval" means the approval granted by the Wyoming State Forestry Division to an Approved Resource demonstrating that the Approved Resource has satisfied all requirements as set forth in these regulations to carry out their missions, as defined herein.

 

(e)       "Incident Commander (IC)" means the individual with overall authority and responsibility for managing all aspects of a wildland fire incident.

 

 Section 3. Approved Resource Access.

 

 (a)  Approved Resources shall have the right of entry to the incident and related evacuation zones before the Incident Commander (IC) is established to carry out their mission, as defined herein. After the IC is established, the Approved Resource shall follow the Standards of Operation (SO) for check-in:

 

(i) The Approved Resource must contact the IC, or their authorized designee, and conduct all operations with the acknowledgement of the IC.

 

(ii) The IC, or their authorized designee, shall not interfere with or prohibit the Approved Resource from performing wildfire loss intervention actions unless the Approved Resource is acting in violation of these regulations and/or IC has directed or ordered that all wildfire loss intervention or fire suppression activities by private or public resources are suspended.

 

(b) The Approved Resource shall also comply with the following SO:

 

(i) After IC is established, communicate and receive acknowledgment of the IC that the Approved Resource will be entering and operating in an otherwise restricted area;

 

(ii)               Designate a representative that reports to IC and can always contact the Approved Resource and communicate the Approved Resource's location and movements to IC;

 

(iii) Acknowledge that the Approved Resource shall comply with any orders, restrictions or commands from the IC, including leaving an evacuation area when ordered to do so and not returning until authorization to reenter the area is received;

 

(iv) Be so equipped to allow the Approved Resource to monitor IC radio frequencies assigned to a particular incident;

 

(v) Be equipped with a Global Positioning System (GPS) that is compatible with any state incident management system and situational awareness tracking system in use on the incident; and

 

(vi) Have all motorized equipment clearly labeled as "nonemergency."

 

(c) The IC may order that an Approved Resource leave an evacuation or restricted area if the Approved Resource:

 

(i) Fails or refuses to comply with any orders, restrictions or commands from the IC;

 

(ii) Sets or causes a backfire to be set, unless given permission to do so by a state or federal forest official or IC;

 

(iii) Fails to monitor IC radio frequencies assigned to a particular incident;

 

(iv) Attempts to communicate on IC radio frequencies without prior approval from IC;

 

(v) Uses red and/or blue emergency lights or uses sirens on their vehicles; and

 

(vi) Has any labeling on their vehicles that indicates the operators are public fire department personnel or any other public safety personnel.

 

(d) Upon acknowledging entry of an Approved Resource into any restricted areas, the IC should notify all other incident Resources, including law enforcement, that the Approved Resource is authorized to operate within the area.

 

Section 4. Requirements for Approval. In order to receive approval, a wildfire access applicant shall meet the following minimum training and equipment requirements established by applicable National Wildfire Coordinating Group (NWCG) standards.

 

(a) Training and certification for personnel deployed to fire incidents shall include that all personnel are trained and qualified to the applicable NWCG, PMS 310-1, Standards for Wildland Fire Position Qualifications standard for the position and maintain their currency through required refresher courses.

 

(b) Equipment shall meet the following standards:

 

(i) Wildland engines and tenders meet applicable specifications and standards established in NWCG, PMS 200 Standards for Wildland Fire Resource Typing.

 

(ii) Personal Protective Equipment shall meet the standards set forth in National Fire Protection Association (NFPA) 1977 Standard on Protective Clothing and Equipment for Wildland Fire Fighting.

 

(iii)  All vehicles and equipment shall be inspected and verified by an accredited third-party federal or state reviewer to ensure currency with applicable standards.  Documentation will be carried with the Approved Resource at all times.

 

(c) In addition to the requirements of sections (a) and (b), the applicant shall meet the following minimum administrative and corporate practice standards:

 

(i) All wildland fire engines, tenders, and support vehicles shall be Department of Transportation registered and be tagged with Wyoming or Apportioned license plates.

 

(ii) Carry the following minimum insurance:

 

(A) Auto: $1,000,000.00

 

(B) General liability: $2,000,000.00

 

(C) Excess: $10,000,000.00

 

(iii) Use the Incident Qualification System (IQS) to record and track responder incident training and qualifications.

 

(d) The QIR certifies that it does not seek or maintain agreements or contracts with individual property owners to provide wildfire protection services of any kind.

 

(e) All subcontractors shall meet the training and equipment standards set forth in (a) and (b) above.

 

(f) To be an Approved Resource, applicant shall submit:

 

(i)                 A master record of all training, including individual training records and certifications for employees engaging in wildfire loss intervention activities; and

 

(ii)               A certification signed by the Chief Executive Officer or Corporate Secretary, attesting that the applicant meets the requirements and standards set forth in subsections (a), (b), and (c)above.

 

Section 5. Approval Process. Private Fire Prevention and Qualified Insurance Resources shall obtain approved status in the following manner:

 

(a)  Submit a request for designation as an Approved Resource to the Wyoming State Forestry Division (the Division), Attention: Wyoming State Forester. The request shall include:

 

(i) All submissions listed in these regulations; and

 

(ii)               A checklist listing all documents.

 

(b) The Division shall respond to the notify the applicant within sixty (60) calendar days either approving the request, denying the request with reasons therefore, or a statement that the request is still under review.  

 

(c) All approvals granted by the Division shall be valid, unless revoked for cause, for a period of two years from the date of issue. Prior to the expiration of an approval, a Private Fire Prevention and Qualified Insurance Resource must reapply to the Division to obtain approval for an additional two-year duration.

 

(d) All approvals shall include a current copy of the SO for Approved Resources.

 

(e) The Approved Resource shall ensure that all response vehicles carry a copy of the approval document at all times when working in Wyoming. Failure to produce the approval document is a valid reason to deny entry to the incident.

 

Section 6. Incorporation by Reference.

 

(a) The State Forester hereby incorporates by reference the following standards:

 

      (i)  NFPA 1977 Standard on Protective Clothing and Equipment for Wildland Fire Fighting and Urban Interface Fire Fighting adopted by the National Fire Prevention Association and effective on April 8, 2021;

 

(ii)  NWCG Standards for Wildland Fire Resource Typing, PMS 200 adopted by the National Wildfire Coordinating Group and effective on April 1, 2025; and

 

(iii) NWCG Standards for Wildland Fire Position Qualifications, PMS 310-1 adopted by the National Wildfire Coordinating Group and effective on September 30, 2025.

 

(b) For these standards incorporated by reference:

 

(i)                 The State Forester has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

 

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsections (a)(i) and (a)(ii) of this section; and

    

(iii) The incorporated rules are maintained at the Wyoming State Forestry Division office at 5500 Bishop Blvd, Cheyenne, WY 82002 and are available for public inspection and copying at the same location.