A Review of Governor's Reorganization Plan No. 3 of State Fire Marshal/Department of Forestry and Fire Protection

LITTLE HOOVER COJ\;IMISSION REVIEW OF STATE FIRE MARSHALl DEPARTMENT OF FORESTRY AND FIRE PROTECTION REORGANIZ1~TION June 1995 . 0/ St£lte California '..-' '..'. ' , ~ :.. ...... ". ,. ! $ .. . LITTLE HOOVER COMMISSION C'4(, ..... , .. June 5, 1995 :l.Gcl..dE. Alpert The Honorable Pete Wilson Al£ndE.AlqWs< Governor of California Scuurr CIw-Id G.~.Jr. The Honorable Bill Lockyer The Honorable Kenneth L. Maddy President Pro Tempore of the Senate Senate Republican Floor Leader and Members of the Senate Pi<r A.. ChaW, Jr. luq Kille The Honorable Willie L. Brown Jr. The Honorable James Brulte Sa.u", Speaker of the Assembly Assembly Republican Floor Leader G'IV'tllMoorc and Members of the Assembly Dear Governor and Members of the Legisfature~ The Little Hoover Commission supports Governor's Reorganization Plan #3 of 1995, which merges the office of th·3 California State Fire Marshal with the California Department of Forestry and Fire Protection. The Commission recommends that the Plan include an explicit commitment to work with all affected parties as the functions and personnel are combined in the future. The Commission conducted a public hearing on· the plan, reviewed materials supplied by the Adininistration, solicited the perspective of all major fire service organizations in the state and received input from many of those who will be directly affected by the T1!erger. Although the plan leaves the complexities of merging the two organizations to be a finalized at later date, there is widespread agreement ·that the consolidntion is in the best interests of the State. Allowing the reorganization to move forward with conceptual simplicity will give state officials maximum opportunities to effectively re-engineer operations without the .hinderance of micro-manag·ement. A check-and-balance will exist, however, because ·state policy makers will continue to have oversight through the budgetary process and statutory mandates that affect both the State Fire Marshal and the Department of Forestry and Fire Protection will continue to be met. Because the consolidation holds the promise of enhanced firefighting capability and a strong focus on· fire prevention, the Commission believes the Legislature should allow the plan to take effect as proposed. Sincerely, Richard R. Chairman Milton Marks Commission on California State Government Organization and Economy 660 J Street, Suite 260 • Sacramento, CA 95814 • tel (916)445-2125 -1= (916)322-7709 The Resources Agency Pete Wilson Douglas P. Wheeler Governor Secretary of California California Conservation Corps • Department of Boating &. \\'ater.vays • Dep,:lrIment of Conser-'atiun Department of Fish $:.. Game • Department of Forestry c"- Fire Protection • Department of Parks &. Recreation • Department of \\'at~r Resources May 5, 1995 Ms. Jeannine English Executive Director Little Hoover Commission 660 J street, suite 260 Sacramento, California 95814 Dear Ms. English: On behalf of the Governor, today we are formally transmitting the Governor's ReorganiGation Plan Number 3 of 1995 for consideration by the Commission. A narrative description of the Executive Reorganization Plan expresses the Governor's vision and purpos€.s in consolidating the Office of the State Fire Marshal into the Department of Forestry and Fire Protection. The Plan will result in the consolidation of like functions and will increase efficiency and coordination of both agencies' related activities. Thank you in advance for your work on the Governor's Reorganization Plan. Sincerely, ~~,~j~K~~~retary Dougl s P. Wheeler Secretary for Resources Consumer Services Agency Enclosure The Resources Building Sacramento. C\ 9581.+ 19161 653-5656 FAX (9161 653-8102 California Coastal Commission • California Tahoe Conser-'ancy • Colorado River Board of California Energy Resources, Conservation &. Development Commission • San Francisco Bay Conservation &. Development Commission State Coastal Conser-'ancy • State Lands Commission • State Reclamation Board @ Printed' on ",<;ycled paper GOVERNOR'S REORGANIZATION PLAN #3 OF 1995 Consolidating the Office of the State Fire Marshal in::o the Department of Forestry and Fire Protection CONTENTS I. Introduction II. Proposed Reorganization: Consolidating CSFM into CDF III. Benefits of Consolidation IV. Conclusion I. INTRODUCTION The system for providing fire services in California is increasingly complex and interdependent. All levels of government cooperate to provide fire protection for the state's citizens and natural resources. However, available fiscal resources have become increasingly scarce, challenging government to identify more efficient ways of doing business while maintaining essential fire services to the public. In recognition of this challenge, the Governor formed a State Fire Services Ta~ k Force in March of 1993 to review and assess the system by which the state coordinates and deploys its fire prevention and suppression programs. The Task Force was comprised of representatives of nine state agencies, including the California Department of Forestry and Fire Protection (CDF) and the California State Fire Marshal (CSFM). In its September 1994 Report to the Governor, the Task Force questioned the efficiency of the current multi-department mode of providing fire suppression and protection services at the state level. One outcome of this Task Force Report is this proposal to consolidate the office of the California State Fire Marshal into the Department of Forestry and Fire Protection. The mission of the CSFM, located in the State and Consumer Services Agency, is to protect life and prope"rty through the development and application of fire prevention engineering, enforcement and education regulations; and to provide training in fire prevention and fire suppression to the California fire service. The CSFM is also responsible for developing fire and life safety regulations for approximately 20,000 state-owned and leased facilities and certain specific occupancies, including schools, jails, hospitals, public assemblies and high rise buildings, where the regulations are enforced by local fire services agencies. In addition, the CSFM enforces safety regulations on approximately 8,000 miles of hazardous liquid pipelines. CDF is located in the Resource Agency. Its mission includes the protection of life, property and natural resources. CDF's primary fire mission is wildland fire protection on land in state responsibility areas which are private and state-owned lands formally designated as such pursuant to statute. The fire mission is carried 1 out consistent with policies and a Fire Plan approved by the State Board of Forestry. COF provides fire protection services either directly or under reimbursement contracts to over 100 other government agencies. Under the provision of the reimbursement contracts, COF also provides structural fire protection as well as other emergency services and hazard mitigation responses. In addition, COF is involved with fire protection engineering, enforcement, education, training activities and vegetation management. COF also regulates timber harvesting on about eight million acres and manages five state-owned forests. II. PROPOSED REORGANIZATION CONSOLIDATING CSFM INTO CDF This consolidation will be accomplished in two phases. The first phase will be the placing of the CSFM as a new entity within COF and consolidating administrative services. This will allow for greater consistency and coordination in the state's provision of fire related services. The second phase will include a systematic review of both departments' functions as they relate to their respective statutory missions and the Fire Plan. Partl'cular emphasis will be given to activities in"the area of training and fire prevention. This additional review is necessary due to the complexity and public safety significance . of these functions and in order to assure that any changes are consistent with the Fire Plan (which will be completed later this year). The second phase will begin immediately and the results will be implemented completing the consolidation by July 1, 1996. This phase will also address such issues as impacts on employees, regional administrative structure, and relationships with other government agencies. All those potentially affected by this process, including employee organizations, fire service organizations and other interested parties, will be provided an opportunity to participate in this phase. The mission of each agency will continue to be met under this realignment. Existing statutory and regulatory responsibilities will not be affected. In those areas 2 where there is similarity of mission (fire prevention, arson investigation, and training) it is expected that greater efficiency and effectiveness will result. In addition, administrative functions currently performed by each entity will be fully merged. The proposal to consolidate CSFM into CDF will bring like functions together to increase efficiency and coordination of related activities. This is consistent with the direction emerging in the Board of Forestry's 1995 Fire Plan which provides policy guidelines for CDF to implement its wildland fire protection system. The Plan is currently being revised as required by Board policy and statute. It will be completed in late 1995. This Plan is more detailed than previous editions. It focuses on combined efforts and interdependencies of federal, state and local agencies and of the private sector. It recognizes problems of accumulating fuels (reflecting decades of excluding and controlling wildfire) and continued population and structural growth in wildland areas. For the first time the Plan is attempting to calculate the total cost and related value losses of the fire protection system. Although the Plan is still incomplete, it is clear that one of the major conclusions is that much more emphasis must be placed on prefire management. This term generally refers to reducing the threat of wildfire by taking advance actions. It includes such things as 'fuel reduction or modification through vegetation management, increased emphasis on creation of fire safe homes and subdivisions, improved training, and public education. This approach ultimately may be the only viable way to limit or contain both the escalating taxpayer costs and threat to life and property of larger, more damaging wildfires. The consolidation of CSFM into CDF will enhance the CDF's emphasis on prefire management and improve coordination of wildland and structural fire protection among governmental agencies. CDF and the CSFM share responsibilities in fire protection engineering, enforcement, education, training and land use planning and inspection. While technical issues and systematic consolidation planning need to be addressed, the logical outcome of the consolidation will be a stronger and much more visible Prefire Management Program and improved coordination that emphasizes the strengths of both organizations. 3 III. BENEFITS OF CONSOLIDATION The Governor's Reorganization Plan will achieve efficiencies in government by facilitating the implementation of several very similar fire related activities and functions currently conducted by the CSFM and CDF (consistent with the thrust of the Fire Plan). A unified approach to coordinating the following functions will improve the delivery of state fire services and substantially strengthen prefire management. • FIRE PREVENTION ENGINEERING - CDF and CSFM have a similar focus on inspections and code enforcement. In CDF the engineering function entails various hazard mitigation aspects of fire prevention, including fire hazard assessment, land use planning, permit administration, vegetation clearaJ71ce, product testing and local fire code inspections and development. Similarly, the CSFM reviews construction plans for required occupancies and enforces the California Building Code; participates in the review, monitoring and development of model building and fire codes; tests and approves building materials for fire :.;afety; collects and analyzes fire information from all fire agencies within the state; and publishes fire statistics. CSFM also maintains regulatory authority for hazardous liquid pipelines within the state. It conducts inspections for compliance and enforcement of federal and state laws, investigates pipeline incidents and trains pipeline operators and fire service personnel. Coordinating and, in some cases, consolidating these functions will provide the opportunity to achieve economies of scale and a more efficient utilization ,?f resources, resulting in an improved delivery of fire prevention engineering and technical services, and a substantially enhanced prefire program. • FIRE PREVENTION EDUCATION - CDF delivers its fire prevention message primarily through videos, brochures, school programs, teacher packets and administration of the Volunteers in Prevention (VIP) program. CDF also manages a mass media contract that delivers the fire prevention 4 message via radio and television advertising and public service announcements. Similarly, the CSFM provides fire and burn safety information to the fire service, the business community, the media and the general public. It has established a Public Education Advisory Committee (PEAC)' which has developed a resource catalog containing over 400 programs, visual aids and other printed materials from fire departments, service organizations and commercial and government sources. These public education eft"orts are more complementary than redundant, yet to date they have been developed independently. By adopting the best of the existing products and coordinating future efforts, the state's provision of fire prevention education services as part of prefire management will be improved. • FIRE PREVENTION LAW ENFORCEMENT - This function in CDF administers over 450 peace officers and 150 public officers, conducts law enforcement inspection, arson investigations, and maintains arson and other criminal information. CDF maintains specialized surveillance equipment, and processes fire related civil and criminal cases. CSFM maintains similar functions in its Arson and Bomb Investigation Division, which also coordinates the activities of the Governor's Special Arson Task Force. This division conducts training and investigations concerning fireworks, fire extinguishers, and fires with,in state facilities. It also provides fire investigative assistance when requested and available, to local entities. The CSFM also maintains specialized equipment for conducting bomb and arson investigations, including accelerant detection canines, and conducts explosives disposal. Coordination of law enforcement efforts and resources will result in a more efficient delivery of service and a single point of accountability for meeting legislative mandates for investigating fires and explosions. 5 • TRAINING - COF's primary training mission is to provide training in the areas of wildland and structural fire protection, resource management, administration and man8gement services to its own 3mployees and cooperators. COF provides training to volunteer fire fighters under the provisions of local government fire protection agreements. The primary training mission of the CSFM is to provide a system for the delivery of training and certification of all functions that fall within the responsibility of the California fire service (hazardous materials, emergency medical services, urban search and rescue, etc.). There are many similarities between these two missions. Each agency is responsible for the development, revision and coordination of curricula. The major difference is that COF provides primarily agency-specific training to its own employees and allied government agencies, while the CSFM provides training designed for the achievement of performance standards based on common needs and resources for the fire service on a statewide basis. To accomplish their respective missions, the training division of both COF and CSFM have three functional areas in common: 1} course development, 2) course delivery, and 3) liaison with external customers (and in COF's case, also internal customers). CSFM has the additional function of providing certification for the achievement of performance standards for various positions in the fire service. As such, CSFM plays a vital role as "keeper of the standards" for the California fire service; COF is a user of this' system. Integration of these training missions over the next several years should result in more comprehensive and uniform statewide training that covers the changing and interdependent role of firefighters, especially in the urban/wildland interface. The efforts of each agency should be strengthened by the complementary expertise of the other. California's fire service should benefit from a more efficient delivery of training services and the state's citizens should benefit from a better trained fire service. 6 Many of the functions described above are similar and currently overlap in areas of jurisdiction and enforcement responsibility. There are differences in the respective code sections and areas of expertise, however, there are no redundancies. Standardizing the state's fire prevention, investigation and training procedures will allow for adoption of the best management practices from the two agencies. This will lead to improved efficiencies in code development and enforcement critical to enhanced prefire management, fire investigation and training certification. IV. CONCLUSION The proposal to consolidate CSFM into COF will provide for bringing together like functions and will increase efficiency and coordination of both agencies related I activities. The consolidation is also consistent with the emerging 1995 Board of Forestry Fire Plan, the CSFM Strategic Plan, the COF Strategic Plan, and after action reports from the recent firestorms in California. The Fire Plan and other documents clearly demonstrate that California s wildfire I problem is continuing to. worsen through accumulating fuels ;3nd more people living and recreating in wildland areas. Fire agencies, already very interdependent, are made more so by budget cuts. Dealing with this problem requires a much more aggressive prefire management program. The consolidation of CSFM into COF will contribute substantially to this goal and can be accomplished by taking advantage of the strengths of both organizations. 7 GALJrUKNIA UI::.t-'AKIIVII::.N I Ur IV,,"C'::;) I f"\' I J-I.lill...i iJ/"'\.L. C I \.V ...... '-' , ,'-"',. PROPOSED 1995/96 GOVERNOR'S JUDGET Dollars 11 Fire Protection 3,850.4 $383,942 12 Resource Management 287.0 $33,192 20 Administration 329.8 $26,825 Distributed Administration ($26,529) TOTALS, PROGRAMS 4,467.2 $417,430 001 General Fund $296,296 036 Special Account for Capital Outlay SO 140 California Environmental License Plate Fund $4,437 164 Outer Continental Shelf Land Act SO 235 Public Resources Account, Cigarette and Tobacco Products Surtax Fund S320 300 Professional Foresters Registration Fund 5169 786 California Wildlife, Coastal, and Park Land Conservation Fund of 1988 $671 890 Federal Trust Fund $8,217 928 Forest Resources Improvement Fund $16,589 965 Timber Tax Fund $27 995 Reimbursements $90,704 State Fire Marshal 10 Public Fire Safety 131.4 $11,262 001 General Fund $2,949 028 Unified Program Account $34 102 State Fire Marshal Licensing and Certification Fund $1,656 105 California Oil Refinery and Chemical Safety Fund $434 198 California Fire and Arson Training Fund $1,455 209 California Hazardous Liquid Pipeline Safety Fund $1,661 2171nsurance Fund $537 890 Federal Trust Fund $205 995 Reimbursements $2,331 CDFSFSEP.WK404/28/95 CDFICSFM Consolidation (Phase One) Resources Agency Secretary Director State Board of Dept. of Forestry Board of Forestry Fire Services and Fire Protection (Policy) • (Advisory) --- State Fire Marshal Chief Deputy rhief Deputy Director Director I I I 1 j _L Deputy Director Deputy Director Deputy Director Deputy Director Deputy Director Region Chief Office of State Fire Resource Management Planning, Public Fire Protection ~oast-Cascade Region Marshal Management Services Affairs and Leg. I I T I 1 Existing program Existing program Region Chief Existing program Existing program Existing program functions, functions, plus Sierra South Region excep~ functions functions functions administrative SFM admin I Existing field and program functiors May 4, 1995