R652-122-200. Cooperative Agreements

  1. The governing body of any eligible entity, as defined in R652-1-200(13), may enter into a cooperative agreement with the division to receive financial and wildfire management cooperation and assistance, as described in 65A-8-2, Fire Control.

  2. The Division shall determine the provisions of the cooperative agreement consistent with statutory requirements.

  3. A cooperative agreement shall last for a term of no more than five years and be renewable if the eligible entity continues to meet the requirements.

  4. An eligible entity may not receive financial cooperation or financial assistance until the cooperative agreement is executed by the eligible entity and the division.

  (a) the state shall assume an eligible entity's cost of suppressing catastrophic wildfire as defined in the cooperative agreement if the eligible entity has entered into, and is in full compliance with the cooperative agreement with the division.

  5. A county or municipality that has not entered into a cooperative agreement with the division, as described herein, or whose Cooperative Agreement has been revoked shall be responsible for wildland fire costs within the county or municipality jurisdiction as outlined in R652-120-1000.

  6. In order to enter into a cooperative agreement an eligible entity shall:

  (a) if the eligible entity is a county, adopt and enforce unincorporated land and wildland fire ordinance based upon minimum standards established by the division or Uniform Building Code Commission.

  (b) agree to require that the fire department or equivalent fire service provider under contract with, or delegated by, the eligible entity on unincorporated land meet the minimum standards for wildland fire training, certification and suppression equipment based upon nationally accepted standards as specified by the division;

  (c) agree to a participation commitment which requires investment in prevention, preparedness, and mitigation efforts as agreed to with the division intended to reduce the eligible entity's risk of catastrophic wildfire;

  (d) agree to file with the division an annual accounting of wildfire prevention, preparedness, mitigation actions, and associated costs.

  (e) agree to return the financial statement described in Subsection (6), signed by the chief executive officer of the eligible entity, to the division on or before the date set by the division.

  (f) if the eligible entity is a county, agree to have a designated fire warden as described in 65A-8-209.1.

  7. The division shall:

  (a) send an Annual Statement to each eligible entity that details the eligible entity's participation commitment for the coming fiscal year, including the preparedness, prevention, and mitigation actions agreed to in Subsection 6(c).

  (b) financial statements shall be effective for one calendar year, beginning on the date set by the division.