AN ACT Relating to fire risk affecting both residential and forest land areas; amending RCW 36.70.330; adding a new section to chapter 58.17 RCW; and adding a new section to chapter 76.04 RCW.

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

Sec. 1. Section 36.70.330, chapter 4, Laws of 1963 as last amended by section 3, chapter 126, Laws of 1985 and RCW 36.70.330 are each amended to read as follows:

The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include each of the following elements:

(1) (a) A land use element which designates the proposed general distribution and general location and extent of the uses of land for agriculture, housing, commerce, industry, recreation, education, public buildings and lands, and other categories of public and private use of land, including a statement of the standards of population density and building intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area covered by the comprehensive plan, all correlated with the land use element of the comprehensive plan.

(b) The land use element shall also provide for protection of the quality and quantity of ground water used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound.

(c) The land use element shall also consider the degree of fire hazard in high fire-risk forested areas in providing for the location and extent of allowable residential uses and for necessary road and water system standards for residential uses;

(2) A circulation element consisting of the general location, alignment and extent of major thoroughfares, major transportation routes, trunk utility lines, and major terminal facilities, all of which shall be correlated with the land use element of the comprehensive plan;

(3) Any supporting maps, diagrams, charts, descriptive material and reports necessary to explain and supplement the above elements.

NEW SECTION. Sec. 2. A new section is added to chapter 58.17 RCW to read as follows:

In addition to any other requirements imposed by this chapter, the legislative authority of a county shall not approve a short plat or final plat, as defined in RCW 58.17.020, for any subdivision, short subdivision, lot, tract, parcel, or site which lies within or is contiguous to lands classified as forest lands or reforestation lands under chapters 84.28 and 84.33 RCW, unless:

(1) The area subject to the plat will receive adequate fire protection services: (a) By a fire protection district which includes such area, or (b) through agreement with a private corporation, city, or town for the provision of such services; and

(2) Adequate provision for roads and emergency water supplies for fire suppression purposes is made in the proposed plat.

NEW SECTION. Sec. 3. A new section is added to chapter 76.04 RCW to read as follows:

Any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining a forest protection district shall, during the closed season, do all of the following:

(1) Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than thirty feet on each side of the building or structure or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This requirement shall not apply to individual trees, ornamental shrubbery, or similar plants that are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure;

(2) Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all brush, flammable vegetation, or combustible growth which is located from thirty feet to one hundred feet from such building or structure or the property line, whichever is nearer, as may be required by the department if, because of extra hazardous conditions, a firebreak of only thirty feet around such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than thirty feet from such building or structure and less than eighteen inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion;

(3) Remove that portion of any tree which extends within ten feet of the outlet of any chimney or stovepipe;

(4) Maintain any tree adjacent to or overhanging any building free of dead or dying wood;

(5) Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth; and

(6) Provide and maintain a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more that one-half inch in size.

The department may adopt rules deemed necessary to implement this section.