Page 8- Thursday, November 11. 1999
~ November 4th will be a day I_arry Nichols will not soon fofgeL While
fishing at ~ he hooked tile lip of this 43 inch 18.7 pound ~ Pike.
Hedidn~ useamything special to catch thisflsh, just his usual poie and jig. He
plains on having the fish mounted, that way no one can accuse him of telling
'~lsh stodesl"
llil
David M. Pieper
Bearlodge District Ranger
On July 28, 1995, lightning sparked a fire
in the sagebrush desert about 16 miles south-
west of Boise, Idaho. The Bureau of Land
Management (BLM) Boise District and the
Kuna Rural Fire Department (RFD), after
their Chief contacted the BLM to determine if
their assistance was needed, responded to
the fire. Two Kuna Fire Department
firefighters lost their lives when their truck
was over run by fire. The families of the
deceased fireflghters claimed that the BLM.
having jurisdiction of the fire, was respon-
sible for the deaths. The plaintiffs brought sult under the Federal Tort
Claims Act.
In February of this year the United States District Court for the District
ofldaho issued its Findings of Fact and Conclusions of Law for thls case.
On the basis ofevldence and legal argument, the Court found the BLM
and the Kuna Rural Fire Department both committed negligence that
was the proximate cause of the fireflghters' deaths. The Court found that
the Kuna RFD bore 65% of the responsibility and the BLM 35%.
The Court found that the Kuna RFD breached Its duty to: l) provide
within reasonable limits the equipment necessary to ensure their
fireflghters safety, including radios; 2) send only qualified volunteer
flreflghers to fight any fire and to pair firefighters in two-person trucks
in a manner that reasonably provides for the firefighters' safety; 3)
obtain weather forecasts to provide for flreflghters safety; 4) ensure that
its fireflghters received a briefing either by Kuna RDF or BLM, before
suppression efforts began, about the nature of the fires, fuel conditions,
weather information, safety reminders, command structure and radio
use; and 5) train its volunteer flrefighters to fight wildland fires in a safe
and effective manner.
The BLM breached its duty to: I) ensure the fireflghters were assigned
duties commensurate with their capabilities and Kuna RFD's qualifica-
tions: 2) fully instruct (briel) rural fire district volunteers, before fire
suppression efforts began, about the nature of the fire, fuel conditions,
weather information, safety reminders, command structure, and radio
use: 3) ensure that all flrefighters heard (and understood the signifi-
cance of the red flag warning; and 4) brief fire fighters on safety issues
related to red flag warning and their assignment.
In the West, volunteer flrefighters have been the cornerstone of fire
suppression efforts in many sparsely populated rural counties. They are
quick to respond, eager to help neighbors and frequently the first
resource on many fires. From my experience, the relationship among
fireflghters, whether they be state, federal, county or local, has generally
always been good. Of course on some fires there are occasional jurisdic-
tional disputes, command and leadership issues, and tactical disagree-
ments. These types of problems always seem to get worked out satisfac-
torily, however, and the fires gets put out.
More subdivisions and rural homes, coupled with decades of fire
suppression activities, are creating more difficult strategic and tactical
flreflghtlng considerations and complex fuel conditions on the ground.
We have seen an increase in both volunteers and professional fireflghter
mortality in the past couple of decades. To protect themselves from
The Sundance
litigation andj udgements, both agencies and volunteer fire de
will emphasize and require that formal training and
standards be met by its flreflghters prior to fighting
case that an organization falls to properly train or ensure
firefighters are physically fit, that entity most likely will be
the fire by the agency having jurisdictional responsibility.
create problems on the ground and with existing good
You bet! The heart of the Issue, however, is to
efficient working environment for firefighters,
tion. With that goal in mind, I believe people in the
community will continue to work together effectively and
firefighters the training necessary to fight fire safely and
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