AN ACT Relating to fire protection; amending RCW 76.04.005; adding a new section to chapter 76.04 RCW; adding a new section to chapter 19.27 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that Washington state faces increasing incidents of destructive wildfires in wildland/urban interface areas. The wildfires periodically occur in housing developments that are located in extreme high risk areas. The wildfires threaten the health, safety, and welfare of all persons in the areas. The legislature further finds that fire prevention and fire safety are not currently being considered in the local planning process for new residential housing developments.

Therefore, preventive measures must be emphasized, including developing fire prevention and fire protection strategies.

Sec. 2. RCW 76.04.005 and 1986 c 100 s 1 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Additional fire hazard" means a condition existing on any land in the state covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life or property.

(2) "Closed season" means the period between April 15 and October 15, unless the department designates different dates because of prevailing fire weather conditions.

(3) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.

(4) "Department protected lands" means all lands subject to the forest protection assessment under RCW 76.04.610 or covered under contract or agreement pursuant to RCW 76.04.135 by the department.

(5) "Emergency fire costs" means those costs incurred or approved by the department for emergency forest fire suppression, including the employment of personnel, rental of equipment, and purchase of supplies over and above costs regularly budgeted and provided for nonemergency fire expenses for the biennium in which the costs occur.

(6) "Forest debris" includes forest slash, chips, and any other vegetative residue resulting from activities on forest land.

(7) "Forest fire service" includes all wardens, rangers, and other persons employed especially for preventing or fighting forest fires.

(8) "Forest land" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute in the judgment of the department, a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forest lands when such areas are adjacent to or intermingled with areas supporting tree growth. Forest land, for protection purposes, does not include structures.

(9) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in possession of any public or private forest land.

(10) "Forest material" means forest slash, chips, timber, standing or down, or other vegetation.

(11) "Landowner operation" means every activity, and supporting activities, of a forest landowner and the landowner's agents, employees, or independent contractors or permittees in the management and use of forest land subject to the forest protection assessment under RCW 76.04.610 for the primary benefit of the owner. The term includes, but is not limited to, the growing and harvesting of forest products, the development of transportation systems, the utilization of minerals or other natural resources, and the clearing of land. The term does not include recreational and/or residential activities not associated with these enumerated activities.

(12) "Participating landowner" means an owner of forest land whose land is subject to the forest protection assessment under RCW 76.04.610.

(13) "Slash" means organic forest debris such as tree tops, limbs, brush, and other dead flammable material remaining on forest land as a result of a landowner operation.

(14) "Slash burning" means the planned and controlled burning of forest debris on forest lands by broadcast burning, underburning, pile burning, or other means, for the purposes of silviculture, hazard abatement, or reduction and prevention or elimination of a fire hazard.

(15) "Suppression" means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property.

(16) "Unimproved lands" means those lands that will support grass, brush and tree growth, or other flammable material when such lands are not cleared or cultivated and, in the opinion of the department, are a fire menace to life and property.

(17) "Washington state fire services" means the statutorily authorized fire agencies within the state, including public fire departments and districts, state fire fighting units, and federal fire fighting units.

(18) "Wildland" means any forest or unimproved lands that have enough flammable vegetative material, to constitute in the judgment of the department, a fire menace to life or property. Wildland, for protection purposes, does not include structures.

(19) "Wildland/urban interface or intermix" means a line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland.

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

(1) In cooperation with the Washington state fire services, the department shall develop a rating system by July 1, 1993, to evaluate the levels of wildfire risk to existing structures and potential development areas located in the wildland/urban interface or intermix. This system shall be used to identify areas of high and extreme hazard, and shall include a map that displays these areas. The department shall reevaluate the locations of risk areas as necessary, but at least every five years.

(2) In designating areas of high or extreme fire hazard under this section, the department shall consult with appropriate federal, state, and local agencies, including but not limited to Washington state fire services, the state building code council, the utilities and transportation commission, and county and city governments. The department shall also solicit participation by the public by whatever means it finds appropriate. The department may hold public hearings in communities affected by the department's designations, may publicize its activity under this section, and may conduct and organize workshops, conferences, and seminars.

NEW SECTION. Sec. 4. A new section is added to chapter 19.27 RCW to read as follows:

(1) By January 1, 1994, each county legislative authority shall adopt an ordinance or resolution to impose fire protection standards for high or extreme hazard areas that have been identified pursuant to section 3 of this 1992 act by the department of natural resources. The ordinance or resolution shall include:

(a) Standards for minimum levels of fire protection performance for building materials, including standards for fire resistant roofing materials;

(b) Standards for water systems to provide an adequate supply for fire protection needs, and to identify alternative water sources;

(d) Zoning standards that address access by fire protection services to developed areas.

(2) By July 1, 1993, the state building code council shall adopt by rule, guidelines to assist counties in adopting fire protection standard ordinances and resolutions under subsection (1) of this section for high or extreme hazard areas as determined by the department of natural resources. In developing such guidelines, the council shall consult with Washington state fire services, and other individuals or organizations as the council deems appropriate.

NEW SECTION. Sec. 5. 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.