S-3813               _______________________________________________

                                                   SENATE BILL NO. 4899

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Hansen, Deccio, Bottiger, Goltz, Gaspard, Bauer, Benitz, Bailey and Barr

Read first time 1/23/86 and referred to Committee on Natural Resources.

AN ACT Relating to fire protection districts suppressing fires outside jurisdictional boundaries; and amending RCW 52.12.111 and 52.16.010.

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

        Sec. 1.  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) A fire protection district may take immediate action to suppress any fire outside of its jurisdictional boundaries if an immediate response could prevent the spread of fire onto lands protected by the district.  The actual 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.  Such costs shall include all salaries and expenses of personnel and equipment used for suppression purposes.  Such costs shall also be a lien upon the land, filed in the county auditor's office and be enforceable in the same manner and with the same effect as a mechanic's lien.

        Sec. 2.  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.