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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 4898

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                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 311 L 86

 

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senate Committee on Natural Resources (originally sponsored by Senators Hansen, Deccio, Bottiger, Goltz, Gaspard, Bauer, Benitz, Bailey and Barr)

 

 

Read first time 2/5/86.

 

 


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; and adding a new section to chapter 52.12 RCW.

 

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.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 52.12 RCW to read as follows:

          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 on such land outside of its jurisdictional boundaries, if such immediate response could prevent the spread of the fire onto lands protected by the district, shall be reimbursed by the state agency for its 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 on such lands shall as soon as practicable notify the responsible agency.  The state agency shall not be responsible to pay such reimbursement if it is not so notified.

          Reasonable efforts shall be taken to protect evidence of the fire's origin.  The state agency shall not be responsible to pay such reimbursement if reasonable efforts are not taken to protect such evidence.

          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 take into  consideration the amount of compensation, if any, paid by the fire protection district to its fire fighters.


 

                                                                                                                           Passed the Senate March 9, 1986.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House March 6, 1986.

 

                                                                                                                                         Speaker of the House.