AN ACT Relating to fire protection by fire protection districts, the department of natural resources, and the department of game on unprotected lands; amending RCW 52.12.031, 52.12.111, 52.16.010, 77.12.210, and 77.12.230; adding new sections to chapter 76.04 RCW; and creating a new section.

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

Sec. 1. Section 20, chapter 34, Laws of 1939 as last amended by section 1, chapter 238, Laws of 1984 and RCW 52.12.031 are each amended to read as follows:

Any fire protection district organized under this title may:

(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;

(2) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;

(3) Contract with any governmental entity or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;

(4) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chairman, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;

(5) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;

(6) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;

(7) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 48.48.060;

(8) Perform acts consistent with this title and not otherwise prohibited by law.

Sec. 2. Section 2, chapter 88, Laws of 1969 as last amended by section 77, chapter 230, Laws of 1984 and RCW 52.12.111 are each amended to read as follows:

(1) A fire protection district may permit, under conditions prescribed by the fire commissioners of the district, the use of its equipment and personnel beyond the boundaries of the district. Any use made of the equipment or personnel under this section shall be deemed an exercise of a governmental function of the district.

(2) During the fire season, a fire protection district may take immediate action to suppress any fire outside of its jurisdictional boundaries to protect life and property if such immediate response could prevent the spread of the fire onto lands protected by the district. The reasonable costs of suppressing a fire outside the jurisdictional boundaries of the fire protection district shall be recovered from the owners thereof: PROVIDED, That, in the absence of negligence, reimbursement is not permitted from owners who pay a fire protection assessment under this chapter or under chapter 76.04 RCW or who otherwise provide for fire protection as required by law. The costs shall include all salaries and expenses of personnel, equipment, and supplies used for suppression purposes. The costs shall also be a lien upon the land filed in the county auditor's office and enforceable in the same manner and with the same effect as a mechanic's lien.

(3) Fire protection districts in proximity to land protected by a state agency are encouraged to enter into mutually beneficial contracts covering reciprocal response arrangements. In the absence of such a contractual agreement, a fire protection district that takes immediate action under subsection (2) of this section on lands protected by a state agency, shall be reimbursed for the reasonable fire suppression costs that are incurred until the responsible agency takes charge, but in no event shall the costs exceed a twenty-four-hour period. A fire protection district suppressing a fire outside its jurisdictional boundaries shall as soon as practicable notify the responsible agency or landowner. Failure to notify results in nonreimbursement by the responsible agency.

Reasonable efforts shall be taken to protect evidence of the fire's origin. Failure to reasonably protect such evidence shall result in nonreimbursement by the responsible agency.

Requests for reimbursement shall be submitted within thirty days of the complete suppression of the fire. Reasonable costs submitted for reimbursement include all salaries and expenses of personnel, equipment, and supplies and shall be based on the standard wage and equipment rates established by the department of natural resources.

Sec. 3. Section 33, chapter 34, Laws of 1939 as amended by section 38, chapter 230, Laws of 1984 and RCW 52.16.010 are each amended to read as follows:

It is the duty of the county treasurer of the county in which any fire district created under this title is situated to receive and disburse district revenues, to collect taxes and assessments authorized and levied under this title, to submit requests for and collect reimbursements for fire suppression as authorized in this chapter, and to credit district revenues to the proper fund.

Sec. 4. Section 77.12.210, chapter 36, Laws of 1955 as last amended by section 38, chapter 78, Laws of 1980 and RCW 77.12.210 are each amended to read as follows:

The commission shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. During the season of the year when there is the danger of wildfire, the commission shall furnish or provide for adequate protection measures against the spread of fire that meet the standards developed under section 6 of this 1986 act. The commission may contract for or cooperate with other governmental entities to meet this fire prevention and suppression obligation. The commission may adopt rules for the operation, maintenance, protection, and use of and conduct on the property.

The commission may sell timber, gravel, sand, and other materials or products from real property held by the department. The commission may sell or lease the departments' real or personal property or grant concessions or rights of way for roads or utilities in the property.

If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the commission may dispose of that property if it is in the public interest.

If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

Proceeds from the sales shall be deposited in the state treasury to be credited to the state game fund.

Sec. 5. Section 77.12.230, chapter 36, Laws of 1955 as amended by section 40, chapter 78, Laws of 1980 and RCW 77.12.230 are each amended to read as follows:

(1) The director may pay lawful local improvement district assessments for projects that may benefit wildlife or wildlife-oriented recreation made against lands held by the state for department purposes. The payments may be made from money appropriated from the state game fund to the department. (2) The director shall pay assessments levied for the protection from and suppression of fires on lands that the department owns or leases for department purposes that are protected pursuant to chapter 76.04 RCW or Title 52 RCW.

NEW SECTION. Sec. 6. There is established the game lands fire standards committee to advise the department of game on standards for fire prevention and suppression including equipment and personnel preparedness and response. The committee shall consist of one representative knowledgeable in fire suppression from each of the following: The department of natural resources; the department of game; and the department of emergency management. The committee shall solicit recommendations from federal and local fire protection agencies. The committee shall present its recommendations to the game commission prior to June 1, 1986. The committee shall cease to exist on June 1, 1986.

NEW SECTION. Sec. 7. A new section is added to chapter 76.04 RCW to read as follows:

(1) The department of natural resources may use its equipment and personnel to suppress fires on nonforested lands outside its jurisdiction if such action could reasonably be expected to prevent the fire from spreading onto forest lands. The reasonable costs of suppressing a fire on nonforest lands outside the department's jurisdiction shall be recovered from the owners thereof: PROVIDED, That in the absence of negligence, recovery is not permitted if the owner or owners of the land pay a fire protection assessment or otherwise provide for fire protection as required by law. (2) The department of natural resources is encouraged to enter into mutually beneficial contracts covering reciprocal response arrangements with other agencies or fire protection districts. In the absence of such a contractual agreement, if the department of natural resources takes suppression action under subsection (1) of this section on lands protected by a fire protection district under Title 52 RCW or on lands protected by another state agency, the department of natural resources shall be reimbursed for reasonable fire suppression costs that are incurred until the responsible agency or district takes charge but in no event shall the costs exceed a twenty-four-hour period. The department of natural resources shall as soon as practicable notify the responsible agency or landowner that the suppression action is being taken. Failure to notify results in nonreimbursement by the responsible agency or district.

Reasonable efforts shall be taken to protect evidence of the fire's origin. Failure to reasonably protect such evidence shall result in nonreimbursement by the responsible district or agency.