New Mexico Register / Volume XXXIV, Issue 11 / June 13, 2023
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 20 FOREST MANAGEMENT
PART 5 PRESCRIBED BURN
MANAGER CERTIFICATION PROGRAM
19.20.5.1 ISSUING AGENCY: Energy, Minerals
and Natural Resources Department, Forestry Division.
[19.20.5.1 NMAC – N, 6/13/2023]
19.20.5.2 SCOPE: 19.20.5 NMAC
applies to applicants for prescribed burn manager certification and individuals
who are certified as prescribed burn managers pursuant to the Prescribed
Burning Act, Sections 68-5-1 to 68-5-8 NMSA 1978.
[19.20.5.2 NMAC – N, 6/13/2023]
19.20.5.3 STATUTORY AUTHORITY: 19.20.5 NMAC is
adopted pursuant to the Prescribed Burning Act, Section 68-5-7 NMSA 1978 and Subsection
E of Section 9-1-5 NMSA 1978.
[19.20.5.3 – N, 6/13/2023]
19.20.5.4 DURATION: Permanent.
[19.20.5.4 NMAC - N, 6/13/2023]
19.20.5.5 EFFECTIVE DATE: June 13, 2023,
unless a later date is cited at the end of a section.
[19.20.5.5 NMAC – N, 6/13/2023]
19.20.5.6 OBJECTIVE: To create a prescribed
burn manager certification program for private lands in New Mexico.
[19.20.5.6 NMAC – N, 6/13/2023]
19.20.5.7 DEFINITIONS: For additional
definitions refer to Section 68-5-2 NMSA 1978.
A. “Act” means the Prescribed Burning Act, Sections 68-5-1 to 68-5-8
NMSA 1978.
B. “Broadcast burning” means an
activity where fire is applied generally to most or all of
an area with well-defined boundaries.
C. “Broadcast
burn manager” means the person acting as
the prescribed burn manager with responsibility for ensuring all local and
state required permits are secured, ensuring the burn plan is written and sufficient
for the prescribed burn, coordinating fire resources and equipment, monitoring
weather conditions and notifications and directing the implementation of the broadcast
burn.
D. “Committee” means a committee established pursuant to 19.20.5.13 NMAC to review
applications for prescribed burn manager certification; provide oversight of
the development and updating of training modules, refresher courses and
recertification; and cross-walk the
training modules with other training and experiences.
E. “Council” means the New Mexico prescribed
fire council.
F. “Course” means an online or
in-person learning experience taught by the cooperative extension service, division,
contractor or other persons.
G. “Curriculum” means the minimum
topics to be covered in a course.
H. “National wildfire coordinating group
(NWCG)” means the organization of member agencies and organizations that
provides national leadership to establish interagency wildland fire operations
standards including qualification requirements for prescribed burning on
federal lands.
I. “Nine-element course” means
training that covers legal requirements, safety,
weather, fire behavior, smoke management, prescribed burn techniques, public
relations, planning and contingencies as specified in Subsection A of Section
68-5-7 NMSA 1978.
J. “Pile burn manager” means the
person acting as the prescribed burn manager with responsibility for ensuring all
local and state required permitting is secured, coordinating fire resources and
equipment, monitoring weather conditions and notifications and directing the
implementation of the pile burn. Specifically,
it means a burn of piles conducted with sufficient moisture or other limiting
factor such as bare mineral soil to prevent the spread of fire between piles.
K. “Fire management” means all activities for the management of wildland fires to meet
land management objectives. Fire
management includes the entire scope of activities from planning, prevention,
fuels or vegetation modification, prescribed fire, hazard mitigation, fire
response, rehabilitation, monitoring and evaluation.
L. “Proficiency workbook” means a tool to provide an observable, measurable and standardized means to evaluate and document proficiency for the distinct attributes of a pile or broadcast burn manager. Each proficiency workbook shall be approved by the division, made available in all its offices and on its website and will have evaluation elements with accompanying signatures for demonstrating proficiency.
[19.20.5.7 NMAC – N, 6/13/2023]
19.20.5.8 LEVELS OF PRESCRIBED
BURN MANAGER CERTIFICATION:
The two levels of certification for
prescribed burn managers from lowest to highest shall be:
A. certified pile burn manager; and
B. certified broadcast burn manager.
[19.20.5.8 NMAC – N, 6/13/2023]
19.20.5.9 REQUIREMENTS FOR PILE BURN
MANAGER CERTIFICATION:
A. Individuals
shall successfully complete the following requirements before applying for pile
burn manager certification, unless receiving waivers or reciprocity pursuant to
Subsections B or C of 19.20.5.9 NMAC.
Individuals shall successfully complete the requirement in Paragraph (2)
of Subsection A of 19.20.5.9 NMAC, before applying for pile burn manager
certification if receiving a partial waiver pursuant to Subsection D of
19.20.5.9 NMAC.
(1) Prior to beginning
the proficiency requirement in Paragraph (3) of Subsection A of 19.20.5.9 NMAC,
individuals may complete the NWCG S-110 basic wildland fire orientation (15
minutes online) or other substitute orientation approved by the division. Any supplemental materials, such as videos the
division may develop, or substitute orientation, will be made available and posted
on the division’s website.
(2) Individuals shall
complete (passing score of seventy percent or better) the nine-element course,
which may be an online or in-person training course.
(3) Individuals shall successfully complete the proficiency
requirement, which consists of burning experience in the role of pile burn
manager, which shall include demonstration of general knowledge of fire
behavior, weather, holding, fire techniques, control lines, smoke management,
firing devices, tools and equipment.
Successful demonstration of those elements shall be documented in a
division approved proficiency workbook.
The burning experience must be documented in the proficiency workbook by
(a) a pile burn
manager certified pursuant to 19.20.5.9 NMAC;
(b) division personnel; or
(c) an individual with at least NWCG prescribed
burn boss type 3 qualifications.
B. Upon satisfactory review of their qualification
documents by the committee, the division may grant pile burn manager
certification by waiver to individuals with the following qualifications:
(1) NWCG qualifications for single
resource boss or above that are current or have lapsed within the past five
years; or
(2) a nationally
recognized structural firefighter I in accordance with national fire protection
association (NFPA) 1001 with wildland fire training or experience that includes
at least S-190 wildland fire behavior or NFPA equivalencies; and
(3) completion (passing score of seventy
percent or better) of the following modules from the nine-element course
specified in Subsection A of 19.20.5.11 NMAC: legal requirements, smoke
management and permitting.
C. Reciprocity.
(1) The division may conduct a review of
another state’s certified prescribed burn manager program and post a list of
states that the division grants reciprocity for pile burn manager certification
on the division’s website. Applicants
from a state for which the division has granted reciprocity shall provide proof
of a current certification in a reciprocity state. Applicants from a state for which the
division has granted reciprocity shall complete (passing
score of seventy percent or better) the following modules from the
nine-element course specified in Subsection A of 19.20.5.11 NMAC: legal
requirements, smoke management and permitting.
(2) The committee shall determine whether
an applicant who is not certified in a state on the reciprocity list qualifies
for reciprocity based on proof of certification in that other state and
successful completion of course work, field experience, proficiency
requirements or other requirements that state requires for certification. An applicant for reciprocity of pile burn
manager certification issued in another state not on the reciprocity list shall
(a) complete (passing score of seventy
percent or better) the nine-element course;
(b) provide proof of certification in the
other state; and
(c) provide proof of successful
completion of the course work, field experience, proficiency requirements or
other requirements that state requires for certification.
D. An individual who has prior prescribed burn manager
experience, but who is not certified in another state as a prescribed burn
manager, who does not possess NWCG qualifications for single resource boss or
above that are current or have lapsed within the past five years or who is not
qualified as a nationally recognized structural firefighter I in accordance
with national fire protection association (NFPA) 1001 with wildland fire
training or experience that includes at least S-190 wildland fire behavior or
NFPA equivalencies, may apply for a waiver of the proficiency requirement in Paragraph
(3) of Subsection A of 19.20.5.9 NMAC.
(1) An applicant shall provide a letter
or other written documentation from a pile or broadcast burn manager certified
pursuant to 19.20.5 NMAC, an individual with at least NWCG prescribed burn boss
type 3 qualifications or a certified prescribed burn manager from another state
on the division reciprocity list attesting they have observed the applicant
conducting pile burns as a pile burn manager and the applicant has
satisfactorily conducted pile burns as a pile burn manager and demonstrated the
proficiency requirement in Paragraph (3) of Subsection A of 19.20.5.9 NMAC.
(2) The committee shall review the
documentation of the applicant’s prescribed burn manager experience to
determine if the applicant meets the proficiency requirement in Paragraph (3) of
Subsection A of 19.20.5.9 NMAC. If the
committee determines the applicant’s prior experience meets the proficiency
requirement in Paragraph (3) of Subsection A of 19.20.5.9 NMAC, the division
shall waive the proficiency requirement in Paragraph (3) of Subsection A of
19.20.5.9 NMAC and the requirements in Paragraph (1) of Subsection A of
19.20.5.9 NMAC. Applicants seeking a partial
waiver under Subsection D of 19.20.5.9 NMAC shall complete (passing score of
seventy percent or better) the nine-element course.
E. The renewal of pile burn manager certification is
required every five years with completion of a division approved refresher
course (not to exceed eight hours) that is available online. Certified pile burn managers shall provide
documentation they have taken the refresher course to the division. If they fail to take the refresher course or
to provide proof to the division, the division shall suspend their
certification and provide written notification.
F. To obtain recertification after the division has
suspended their certification, individuals shall take a refresher course and conduct
at least one day of supervised burning by a pile or broadcast burn manager
certified pursuant to 19.20.5 NMAC, division personnel or an individual with at
least NWCG prescribed burn boss type 3 qualifications. Individuals seeking recertification shall provide
documentation the individual has completed both requirements to the division.
[19.20.5.9 NMAC – N, 6/13/2023]
19.20.5.10 REQUIREMENTS FOR BROADCAST BURN
MANAGER CERTIFICATION:
A. Individuals shall successfully
complete the following requirements before applying for broadcast burn manager
certification, unless receiving waivers or reciprocity pursuant Subsections B
or C of 19.20.5.10 NMAC.
(1) Individuals, including those who have
completed the training for pile burn manager certification, shall successfully
complete the following prior to beginning the proficiency requirements in Paragraph
(3) of Subsection A of 19.20.5.10 NMAC:
(a) NWCG S-190 wildland fire behavior (eight
hours) or a division approved substitute course;
(b) NWCG S-290 intermediate fire behavior
(32 hours) or a division approved substitute course; and
(c) burn plan writing course approved by
the division.
(2) Individuals shall complete (passing
score of seventy percent or better) the nine-element course. Individuals who have previously completed the
training for pile burn manager certification do not need to retake the nine-element
course.
(3) Individuals shall successfully
complete the proficiency requirement, which consists of burning experience in the
role of broadcast burn manager, running a firing operation, managing smoke and managing
a holding operation. Documentation of burning
experience shall be in a division approved proficiency workbook. Documentation of burning experience in the
specified roles shall also include demonstration of intermediate knowledge of
fire behavior, weather, burn plan review, firing techniques, firing devices,
holding, control lines, smoke management, tools and equipment and procedures in
the event of an escape. Successful
demonstration of those elements shall be documented in the applicant’s
proficiency workbook by
(a) a broadcast burn manager who is certified pursuant to
19.20.5 NMAC;
(b) division personnel; or
(c) an individual with at least NWCG
prescribed burn boss type 2 qualifications.
B. The division may grant broadcast
burn manager certification by waiver to individuals who possess NWCG burn boss
type 1 or 2 qualifications with completion (passing score of seventy percent or
better) of the following modules from the nine-element course: legal requirements,
smoke management and permitting.
C. Reciprocity.
(1) The division may conduct a review of
another state’s certified broadcast burn manager program and post a list of
states with reciprocity for broadcast burn certification on the division’s
website. Applicants from a state for
which the division has granted reciprocity shall provide proof of a current
certification in a reciprocity state in satisfaction of the certification
requirements of 19.20.5.10 NMAC.
Applicants from a state for which the division has granted reciprocity
shall complete (passing score of seventy percent or better) the following
modules from the nine-element course specified in Subsection A of 19.20.5.11
NMAC: legal requirements, smoke management and permitting.
(2) The committee shall determine whether
an applicant who is certified in a state not on the reciprocity list qualifies
for reciprocity based on proof of certification in that other state and
successful completion of course work, field experience, proficiency
requirements or other requirements that state requires for certification. The applicant for reciprocity of broadcast
burn manager certification issued in another state not on the reciprocity list shall
(a) complete (passing score of seventy
percent or better) the nine-element course;
(b) provide proof of certification in the
other state; and
(c) provide proof of successful
completion of the course work, field experience, proficiency requirements or
other requirements that state requires for certification.
D. The renewal of broadcast burn
manager certification is required every five years with completion of a division
approved refresher course (not to exceed eight hours) that is available online. Certified broadcast burn managers shall
provide documentation they have taken the refresher course to the
division. If they fail to take the
refresher course or provide documentation to the division, the division shall suspend
their certification and provide written notification.
E. To obtain recertification of
broadcast burn manager certification after the division has suspended their
certification, individuals shall complete the refresher course and demonstrate
one day of field proficiency experience with documentation provided by a broadcast burn manager who is certified pursuant to
19.20.5 NMAC, division personnel or an individual with at least NWCG prescribed
burn boss type 2 qualifications. Individuals
seeking recertification shall provide documentation the individual has
completed both requirements to the division.
[19.20.5.10 NMAC – N, 6/13/2023]
19.20.5.11 DEVELOPMENT OF TRAINING AND BURN
PLAN WRITING AND REFRESHER CURRICULUMS AND COURSES:
A. Training modules approved by the division shall be provided
by New Mexico state university, cooperative extension service to address at a
minimum the first nine elements:
(1) legal requirements;
(2) safety;
(3) weather;
(4) fire behavior;
(5) smoke management;
(6) prescribed burn techniques;
(7) public relations;
(8) planning;
(9) contingencies; and
(10) other information specific to burning
in New Mexico as determined necessary or appropriate.
B. The division shall develop the burn plan writing curriculum
and course or may substitute an equivalent NWCG course.
C. The division shall develop the pile burn manager certification
refresher curriculum and course.
D. The division shall develop the broadcast burn manager certification
refresher curriculum and course.
E. The division shall make available
information about any division approved substitute courses on the division’s
website and in its offices.
F. The division shall post notice of
prescribed burning opportunities on the division website and may provide other
notifications such as posting in division offices. Organizations or entities may provide prescribed
burning opportunities and may post opportunities by any means.
[19.20.5.11 NMAC – N, 6/13/2023]
19.20.5.12 APPLICATION FOR CERTIFICATION:
A. The division shall develop application forms for
certification, which shall include the applicant’s name, address, phone number,
e-mail address, prescribed burning experience and training and the
certification for which the individual is applying, and to document completion
of certification requirements.
B. Applicants shall submit applications
with proficiency workbooks, training certificates, letters of experience records
and any other relevant materials to the division.
C. Review of applications for certification.
(1) Applicants shall submit completed
documentation of courses and field experience to the division.
(2) The division shall provide the committee
with applications to review.
(3) The committee shall document its decision
to approve or deny certification and the documentation shall be available to
the applicant upon request.
D. The division shall issue the
certification to the applicant or notify the applicant in writing of the denial
and specify the reasons for denial.
E. Applicants may appeal a certification
denial in writing to the state forester within 30 days of the denial. Applicant shall provide a written response
stating why the application should not have been denied. The state forester shall review the
application and denial and the applicant’s appeal and either provide a written
decision upholding the denial or issue the requested certification.
[19.20.5.12 NMAC – N, 6/13/2023]
19.20.5.13 ESTABLISHMENT OF COMMITTEE:
A. The division shall establish a committee to review
applications for prescribed burn manager certification and provide oversight of
the development and updating of training modules, refresher courses and
recertification and cross-walk the training modules
with other training and experiences.
B. Members of the committee shall
include one division employee appointed by the state forester, one non-governmental
organization representative and one council member representative. Ad-hoc members may be added at the request of
the committee or the state forester.
C. Terms for the non-governmental
organization and council member shall be for two years.
D. Minimum qualifications to serve on
the committee as a non-governmental organization representative or council
member representative include two years’ experience planning and implementing
prescribed burns.
E. Committee members may be nominated
by submitting a letter with a description of qualifications to the state forester. The division shall post notice when nominations
for committee members are being taken on the division’s website.
F. The state forester shall select and
appoint the committee members and shall have the authority to remove committee
members prior to the end of their terms or replace the division employee
appointed to the committee at the state forester’s sole discretion.
[19.20.5.13 NMAC – N, 6/13/2023]
19.20.5.14 FEES: [RESERVED]
HISTORY OF 19.20.5 NMAC:
Pre-NMAC History:
History of Repealed Material: [RESERVED]
Other History: