AN ACT Relating to fire protection; amending RCW 28C.50.010, 28C.50.050, 28C.51.010, and 28C.51.050; adding new sections to chapter 48.48 RCW; creating new sections; repealing RCW 28C.04.140, 48.05.320, 48.48.010, 48.48.020, 48.48.100, and 48.48.130; making an appropriation; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that fire protection services have lacked a comprehensive state-level focus. This has resulted in a lack of cooperation and coordination between local and state agencies. The purpose of this chapter is to create a broadly representative state board which will: (1) Advise and assist local fire protection agencies in program development without encroaching upon their historic autonomy; (2) centralize traditional state fire protection services under the jurisdiction of a single state board; and (3) advise the governor and the legislature on fire protection matters in this state.

NEW SECTION. Sec. 2. There is created the state fire protection board consisting of the following nine members appointed by the governor with the advice and consent of the senate:

(1) Three fire chiefs. At least one fire chief shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district. In making these appointments, the governor shall consider the recommendations of the Washington state association of fire chiefs;

(2) One insurance industry representative. In making this appointment, the governor shall consider the recommendations of the Washington insurance council;

(3) One representative of cities and towns. In making this appointment, the governor shall consider the recommendations of the association of Washington cities;

(4) One representative of counties. In making this appointment, the governor shall consider the recommendations of the Washington state association of counties;

(5) One full-time fire fighter. In making this appointment, the governor shall consider the recommendations of the Washington state council of fire fighters;

(6) One volunteer fire fighter. In making this appointment, the governor shall consider the recommendations of the Washington state fire fighters association; and

(7) One fire commissioner. In making this appointment, the governor shall consider the recommendations of the Washington fire commissioners association.

The commissioner of public lands, the insurance commissioner, and the director of emergency services, or their designees, are nonvoting ex officio members of the state fire protection board.

NEW SECTION. Sec. 3. Each voting member of the state fire protection board shall be appointed to a term of three years and until a successor is appointed and qualified. However, in making the initial appointments to the board, the governor shall stagger the terms of office by appointing three members to terms of one year, three members to terms of two years, and three members to terms of three years. In the case of a vacancy, the governor shall fill the unexpired term of the member whose office has become vacant. An office shall become vacant whenever a member ceases to be employed in the occupation the member was appointed to represent.

NEW SECTION. Sec. 4. Each voting member of the state fire protection board, other than a full-time employee of a governmental agency, is entitled to fifty dollars for each day or portion thereof the member is engaged in the business of the board. Members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The governor shall select one member of the board to serve as chairperson. The board shall be convened at least six times annually at the call of the chairperson or a majority of the board. A majority of the board constitutes a quorum for the transaction of business.

NEW SECTION. Sec. 6. The state fire protection board shall:

(1) Establish suggested minimum standards with respect to physical requirements and education and training of fire service personnel;

(2) Establish suggested minimum standards for fire apparatus and equipment;

(3) Establish suggested minimum performance standards for all grades of fire service personnel;

(4) Adopt and implement a state fire protection master plan;

(5) Monitor fire protection in the state and develop objectives and priorities to improve fire protection for the state's citizens;

(6) Review the duties, responsibilities, and authority of state agencies and departments that deal with fire and life safety and make such recommendations to the governor and the legislature that will eliminate duplication and fragmentation of fire protection services;

(7) Establish and promote state arson control programs and encourage development of local arson control programs including formation of local and regional arson task forces;

(8) Represent fire protection services in all state level fire protection planning in matters such as, but not limited to, hazardous materials;

(9) Establish and promote programs of fire safety education for school systems and the public;

(10) Coordinate interaction between the department of natural resources, federal fire protection agencies operating within the state, and political fire protection subdivisions of the state in matters pertinent to common concerns;

(11) Seek and solicit grants, gifts, bequests, devices, and matching funds for use in furthering the objectives and duties of the board, and establish procedures for administering them;

(12) When funds are available, make grants for use in pursuing the board's objectives;

(13) Promote mutual aid and disaster planning for fire services in this state;

(14) Disseminate within the state information concerning the amount of fire damage, including that damage caused by arson, and its causes and prevention;

(15) Make studies, reports, and recommendations to the governor and the legislature when requested or warranted; and

(16) Adopt such rules as necessary for the administration of this chapter.

NEW SECTION. Sec. 7. The state fire protection board shall:

(1) Administer any legislation enacted by the legislature in pursuance of the aims and purposes of any acts of congress insofar as the provisions thereof may apply to the administration of fire service training;

(2) Establish and provide state-wide fire service training and education courses, including courses in arson detection and investigation, for personnel of fire, police, and prosecutors' departments;

(3) Construct, equip, maintain, and operate necessary fire service training and education facilities. The board's authority to construct, equip, and maintain such facilities is subject to chapter 43.19 RCW;

(4) Purchase, lease, rent, or otherwise acquire real estate necessary to establish and operate fire service training and education facilities in the manner provided by law;

(5) Cooperate with the common schools, the community colleges, the institutions of higher education, and any department or division of the state or of any county or municipal corporation, in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof, and in establishing, building, and operating training and education facilities;

(6) Administer the funds provided by the federal government and by the state under any federal or state acts for the promotion of fire service training and education;

(7) Adopt and implement a state fire training and education master plan; and

(8) Establish a certification program for fire service personnel available to any state or local governmental agency which elects to participate.

This section does not apply to forest fire service personnel and programs. Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee under rules established by the board.

NEW SECTION. Sec. 8. The state fire protection board shall sit as a board of appeals on the application of the state fire marshal's regulations by the state fire marshal. When an affected person believes that the regulations are being applied incorrectly, the person may appeal the decision of the state fire marshal to the board. The board shall not consider an appeal unless the matter has come to the attention of the state fire marshal in writing and the state fire marshal has rendered a decision in writing. An appeal to the board shall be made by the affected person or the affected person's agent in writing in the form and manner prescribed by the board. The decision of the board shall be binding on the state fire marshal.

Appeals to the board shall be conducted in accordance with chapter 34.04 RCW, the administrative procedure act.

NEW SECTION. Sec. 9. The board shall determine the qualifications of and employ a director of fire protection, who shall receive a salary as fixed by the governor in accordance with RCW 43.03.040. The board may delegate to the director the powers and duties of the board described in sections 6 and 7 of this act.

NEW SECTION. Sec. 10. The director shall appoint and supervise:

(1) An assistant director to serve as state fire marshal responsible for carrying out the duties prescribed by law to that office and any other duties assigned by the director;

(2) An assistant director to serve as administrator of fire service training and education responsible for carrying out the duties prescribed in section 7 of this act and any other duties assigned by the director; and

(3) All additional staff necessary to carry out functions under the board's jurisdiction, including deputy state fire marshals and resident fire marshals who shall meet the minimum certification standards established by the board.

Sec. 11. Section 1, chapter 349, Laws of 1977 ex. sess. and RCW 28C.50.010 are each amended to read as follows:

For the purpose of providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, furnishing and equipping of a state fire service training center for the ((~~commission for vocational education~~)) state fire protection board, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one million dollars, or so much thereof as may be required to finance such projects, and all costs incidental thereto. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

Sec. 12. Section 5, chapter 349, Laws of 1977 ex. sess. and RCW 28C.50.050 are each amended to read as follows:

The 1977 state fire service training center bond retirement fund is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the ((~~commission for vocational education~~)) state fire protection board.

The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such bonds. Not less than thirty days prior to the date on which any such interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1977 state fire service training center bond retirement fund an amount equal to the amount certified by the state finance committee to be due on such payment date.

Sec. 13. Section 1, chapter 225, Laws of 1979 ex. sess. as amended by section 1, chapter 48, Laws of 1982 1st ex. sess. and RCW 28C.51.010 are each amended to read as follows:

For the purpose of providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, furnishing and equipping of a state fire service training center for the ((~~commission for vocational education~~)) state fire protection board, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of six million dollars, or so much thereof as may be required, to finance these projects, and all costs incidental thereto. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

Sec. 14. Section 5, chapter 225, Laws of 1979 ex. sess. and RCW 28C.51.050 are each amended to read as follows:

The 1977 state fire service training center bond retirement fund in the state treasury shall be used for the purpose of the payment of principal of and interest on the bonds and notes authorized under this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the ((~~commission for vocational education~~)) state fire protection board.

The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1977 state fire service training center bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date.

NEW SECTION. Sec. 15. All reports, documents, surveys, books, records, files, papers, or other written material in the possession of the insurance commissioner pertaining to the office of the state fire marshal shall be delivered to the custody of the state fire protection board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the insurance commissioner in carrying out the powers and duties of the state fire marshal shall be made available to the state fire protection board. All funds, credits, or other assets held in connection with the state fire marshal's office shall be assigned to the state fire protection board.

Any appropriations made to the insurance commissioner for the purpose of carrying out the powers and duties of the state fire marshal, shall, on the effective date of this act, be transferred and credited to the state fire protection board for the purpose of carrying out the transferred powers and duties.

Whenever any question arises as to the transfer of any personnel, funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions of the state fire marshal's office, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 16. All classified employees of the state fire marshal's office are transferred to the jurisdiction of the state fire protection board. All such employees shall be subject to chapter 41.06 RCW, the state civil service law, and shall be assigned to the state fire protection board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 17. All rules and regulations and all pending business before the state fire marshal's office on the effective date of this act shall be continued and acted upon under the jurisdiction of the state fire protection board. All existing contracts and obligations shall remain in full force and effect and shall be performed by the state fire protection board.

NEW SECTION. Sec. 18. The transfer of the powers, duties, functions, and personnel of the state fire marshal's office shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 19. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission for vocational education and pertaining to fire service training shall be delivered to the custody of the state fire protection board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission for vocational education in fire service training shall be made available to the state fire protection board. All funds, credits, or other assets held in connection with fire service training shall be assigned to the state fire protection board.

Any appropriations made to the commission for vocational education for fire service training shall, on the effective date of this act, be transferred and credited to the state fire protection board.

Whenever any question arises as to the transfer of any personnel, funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 20. All classified employees of the commission for vocational education engaged in fire service training are transferred to the jurisdiction of the state fire protection board. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state fire protection board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 21. All rules and regulations and all pending business before the commission for vocational education pertaining to fire service training shall be continued and acted upon by the state fire protection board. All existing contracts and obligations shall remain in full force and effect and shall be performed by the state fire protection board.

NEW SECTION. Sec. 22. The transfer of the powers, duties, functions, and personnel of the commission for vocational education pertaining to fire service training shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 23. If apportionments of budgeted funds are required because of the transfers directed by sections 15 through 22 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 98, Laws of 1969 ex. sess. and RCW 28C.04.140;

(2) Section .05.32, chapter 79, Laws of 1947 and RCW 48.05.320;

(3) Section .33.01, chapter 79, Laws of 1947 and RCW 48.48.010;

(4) Section .33.02, chapter 79, Laws of 1947, section 17, chapter 241, Laws of 1969 ex. sess. and RCW 48.48.020;

(5) Section .33.10, chapter 79, Laws of 1947 and RCW 48.48.100; and

(6) Section .33.13, chapter 79, Laws of 1947 and RCW 48.48.130.

NEW SECTION. Sec. 25. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 26. Sections 1 through 10 of this act are each added to chapter 48.48 RCW.

NEW SECTION. Sec. 27. There is appropriated to the state fire protection board for the biennium ending June 30, 1987, from the general fund the sum of .......... dollars, or so much thereof as may be necessary, to carry out the purposes of the state fire protection board.

NEW SECTION. Sec. 28. This act shall take effect on January 1, 1986. However, to insure that this act is fully implemented on its effective date, the state fire protection board and its director shall be appointed in accordance with this act by October 1, 1985.