Controlled burn legislation named for Yuma County firefighter who died last year

Farmers and ranchers would be required to notify their local fire departments when they do controlled burns, under a bill that won approval from the House Energy and Environment Committee last week.

House Bill 1132 would apply to anyone attempting a controlled burn on private property, and it’s a response to what happened to Yuma County firefighter Capt. Darcy Stallings last Oct. 21.

Stallings, 34, was responding to a fire call that turned out to be a controlled burn when he died in a traffic accident in his personal pickup, when he ran into the back of a beet truck.

Gov. Jared Polis ordered flags lowered to half-mast Oct. 26 in Stallings’ honor.

The bill is named “Darcy’s Last Call Act.”

Under the bill, the person conducting the controlled burn must notify the fire department at least 48 hours prior to the burn, along with the date, time and location, as well as contact information for the person responsible for the controlled burn.

The bill applies to both agricultural and ditch burns, under an amendment adopted by the committee. However, language on penalties and fines for failure to notify, as listed in the bill as introduced, were stripped out of the bill.

Another amendment would set up a grant fund for the state Department of Public Safety to provide statewide training on a mobile driver simulation unit. That mobile unit is also named after Stallings as a memorial to him.

Rep. Richard Holtorf, R-Akron, who sponsors the bill, told the committee there are communication gaps related to controlled burns. “There are cases when the local fire authorities were not notified in a timely manner.” It’s led to confusion and fire departments responding to controlled burns when they didn’t need to, he added. Professional fire departments are nearly always on standby on these burns, but that isn’t necessarily true for volunteer fire departments, he explained.

The American Property Casualty Insurance Association and the Colorado Cattlemen’s Association both registered opposition to the bill but did not testify during the hearing. It’s supported by professional firefighters as well as the state association of fire chiefs.

Ryan Hansen, the chief of the Yuma Fire Department, told the committee that his department is 100% volunteer, with 34 volunteers. They responded to 134 calls for service in 2021, he said.

The firefighters all have regular jobs but drop what they’re doing when a call comes in, he said. “In this day and age, there’s no reason why someone doing a controlled burn on their property cannot call it in,” he said. His department responds to controlled burns every year, which he called unnecessary. Calling in a controlled burn is just common courtesy, Hansen told the committee.

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