There are inherent risks when conducting a prescribed burn and it is the responsibility of the landowner and burn leader to understand state and local laws. It is important to understand who is liable, how to manage that risk to conduct burns safely, and how to reduce and share liability on a burn.
It is also important to know that very few prescribed burns escape. Those that do are generally small. The good news is that, with proper planning and risk mitigation, an overwhelming number of burns are completed successfully.
Liability
Liability concerns the responsibility someone may have if they cause damage from their prescribed burn. Washington is a simple negligence state. Prescribed fire practitioners and landowners must practice “reasonable care”. To understand more about liability basics with prescribed fire, watch this webinar from the Fire Learning Network with lawyer Sara Clark.
Webinar: Overview of Prescribed Fire Liability in State Law:
Templates and Examples:
PBAs can utilize release forms and agreements between burn participants and PBA members to clarify liability between all participants. These waivers and forms developed by Sara Clark and Fire Forward may be helpful starting places.
Example Liability Release Form (Sara Clark and Fire Forward):
Example Memorandum of Agreement (Sara Clark and Fire Forward):
Certified Prescribed Burn Manager Program
The Washington Certified Prescribed Burn Manager Program was established to provide a prescribed fire certification pathway for professionals and private citizens. This certification is for individuals who already have experience leading broadcast or pile burns.
Benefits to becoming a Certified Burner:
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- Increased liability protection to Gross Negligence (from Simple Negligence)
- Accepted certification for NRCS Technical Service Providers for burn plan writing
The program consists of pre-work, a three day course, an exam, drafting a burn plan, and final burn that must be conducted with a DNR certifier. More information can be found on DNR’s Certified Burner Program webpage.
State Laws
If you are planning to implement a prescribed burn, it is important that you understand the laws that dictate what you can and cannot do related to prescribed burning and smoke produced from burning. You can find links to the relevant state laws at the DNR Burn Portal.
Smoke Management Plan
The Washington Clean Air Act and the Washington State Smoke Management Plan regulate smoke produced from burning. For most burners, the Smoke Management Plan will be most critical to understand.
Washington Smoke Management Plan:
