Committee gives conditional approval to interim DNCR fire rules after debate over Category 3 authority

The Joint Legislative Committee on Administrative Rules on May 16 gave conditional approval to interim fire-safety rules proposed by the Department of Natural and Cultural Resources (DNCR), after members questioned whether the agency exceeded statutory authority by regulating kindling size for "category 3" fires.

The committee’s conditional approval came after agency staff acknowledged an outstanding question about a section of the rule text (listed in the packet as NCR 5601.04) that sets kindling-size limits for Category 1, 2 and 3 fires. Patrick Hackley, director for the Division of Forest and Lands, told the committee the agency would return on May 16 to address the concern and left a written explanation with members. “These are the rules that we promulgate under our authority,” Hackley said.

Committee staff and…