50.07.050 Tribal Fire Wardens

(a) Appointment. Tribal Fire wardens shall be appointed by the Turtle Mountain Tribal Council and shall have the responsibility to investigate the origin and cause of any wild land fire taking place at a location under the regulatory jurisdiction of the Turtle Mountain Band of Chippewa Indians.

(b) Tribal Conservation Law Enforcement officers, BIA law enforcement officers, tribal police officers, the Fire Chief and Fire Inspector of the Turtle Mountain Fire & Rescue Department, and certified BIA Wildland Fire Investigators (INVF) shall be considered ex officio Tribal Fire Wardens.

All tribal fire wardens and tribal conservation law enforcement officers shall:

(1) Take proper steps for the prevention and extinguishment of fires within the Reservation in which he or she exercise their functions; and

(2) Control the use of fire during fire season, issue Burn Permits, perform one site inspections of burning operations, and perform routine fire prevention patrols within their respective area(s); and

(3) Make such reports of their work and conditions as may be requested by the BIA or Tribe; and

(4) Have the power of peace officers to interview witnesses and issue Citations or Notices of Violation pursuant to Section 19 of this title for violation of this chapter or burn permit rules or regulations pursuant thereto; and

(5) Have the authority to enter upon the property, including entering fenced in areas, of any owner within the jurisdiction and territory of the Turtle Mountain Band of Chippewa Indians in the discharge of their fire prevention, suppression, and investigation duties, provided that in so entering he or she exercise due care to avoid doing damage.

(6) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgement of the warden.

(7) Request a qualified Wildland Fire Investigator (INVF), or Fire Warden trained and certified as an INVF for Class 3 and 4 offenses to make a written determination, on a form prescribed by BIA or the Tribe, of the origin and cause of the fire, weather conditions at the time, any efforts made by the person or persons residing there to extinguish or report the fire, equipment or conditions and events that led up to the fire, and determination of any fires originating from any burn barrels, burn piles, or burning operations on site.

(8) Fire wardens shall interview witnesses and obtain witness statements, take photographs of the scene and assist in any fire investigation, under the supervision of a Fire Investigator. However, only a law enforcement certified fire warden, BIA or Tribal law enforcement officer, or Tribal Conservation Law Enforcement officers shall have the authority to detain individuals, make arrests, carry firearms or interrogate suspects.

(d) Meet Training requirements:

Tribal Fire Wardens shall complete or have completed, the following training courses to be eligible as a Tribal Fire Warden;

(1) Online or classroom version of S-190 Fire Behavior

(2) FI-110 Wildland Fire Scene Preservation

(3) Online or classroom version of S-130 Basic Wildland Firefighter Course

(4) Completed basic hands-on S-130 field exercises (can be OJT). (or past FFT2 qualifications)

(5) Completion within 12 months of appointment of the FI-210 Wildland Fire Cause & Origin Investigation or equivalent course.