AN ACT
Relating to fire protection contracts; amending RCW 28B.35.190, 28B.40.190, and
35.21.775; adding new sections to chapter 35.21 RCW; adding a new chapter to
Title 38 RCW; repealing RCW 35.21.777; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28B.35.190 and 1977 ex.s. c 169 s 49 are each amended to read as follows:
Subject
to the provisions of section 6 of this act, each board of trustees of the
regional universities may:
(1)
Contract for such fire protection services as may be necessary for the
protection and safety of the students, staff and property of the regional
university;
(2)
By agreement pursuant to the provisions of chapter 239, Laws of 1967 (chapter
39.34 RCW), as now or hereafter amended, join together with other agencies or
political subdivisions of the state or federal government and otherwise share
in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED,
HOWEVER, That neither the failure of the trustees to exercise any of its powers
under this section nor anything herein shall detract from the lawful and
existing powers and duties of political subdivisions of the state to provide
the necessary fire protection equipment and services to persons and property
within their jurisdiction.
Sec.
2. RCW
28B.40.190 and 1977 ex.s. c 169 s 69 are each amended to read as follows:
Subject
to the provisions of section 6 of this act, the board of trustees of The
Evergreen State College may:
(1)
Contract for such fire protection services as may be necessary for the
protection and safety of the students, staff and property of the college;
(2) By
agreement pursuant to the provisions of chapter 239, Laws of 1967 (chapter
39.34 RCW), as now or hereafter amended, join together with other agencies or
political subdivisions of the state or federal government and otherwise share
in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED,
HOWEVER, That neither the failure of the trustees to exercise any of its powers
under this section nor anything herein shall detract from the lawful and
existing powers and duties of political subdivisions of the state to provide
the necessary fire protection equipment and services to persons and property
within their jurisdiction.
NEW
SECTION. Sec. 3. A new
section is added to chapter 35.21 RCW to read as follows:
The
legislature finds that certain state-owned facilities and institutions impose a
financial burden on the cities and towns responsible for providing fire
protection services to those state facilities. The legislature endeavors
pursuant to this act (chapter ..., Laws of 1992), to establish a process
whereby cities and towns that have a significant share of their total assessed
valuation taken up by state-owned facilities can enter into fire protection
contracts with state agencies or institutions to provide a share of the
jurisdiction's fire protection funding.
Sec.
4. RCW
35.21.775 and 1985 c 6 s 4 are each amended to read as follows:
Subject
to the provisions of section 6 of this act, whenever a city or town has located
within its territorial limits ((buildings or equipment)) facilities,
except those leased to a nontax-exempt person or organization, owned by the
state or an agency or institution of the state, the state or agency or
institution ((shall)) owning such facilities and the city or town may
contract ((with the city or town)) for an equitable share of fire
protection services ((necessary)) for the protection and safety of
personnel and property, pursuant to chapter 39.34 RCW, as now or
hereafter amended. Nothing in this section shall be construed to require the
state, or any state agency or institution, to contract for services which are
performed by the staff and equipment of such an entity or by a fire protection
district pursuant to RCW 52.30.020. ((The director of community development
shall present in the budget submitted to the governor for each biennium, an
amount sufficient to fund any fire protection service contracts negotiated
under the provisions of this section.))
NEW
SECTION. Sec. 5. A new
section is added to chapter 35.21 RCW to read as follows:
Nothing
in this act (chapter ..., Laws of 1992), shall be interpreted to abrogate
existing contracts for fire protection services and equipment, nor be deemed to
authorize cities and towns to negotiate additional contractual provisions to
apply prior to the expiration of such existing contracts. Upon expiration of
contracts negotiated prior to the effective date of this act, future contracts
between such cities and towns and state agencies and institutions shall be
governed by the provisions of sections 4 and 6 of this act.
NEW
SECTION. Sec. 6. A new
section is added to chapter 35.21 RCW to read as follows:
(1) In
cities or towns where the estimated value of state-owned facilities constitutes
ten percent or more of the total assessed valuation, the state agency or
institution owning the facilities shall contract with the city or town to pay
an equitable share for fire protection services. The contract shall be
negotiated as provided in subsections (2) through (6) of this section and shall
provide for payment by the agency or institution to the city or town.
(2) A
city or town seeking to enter into fire protection contract negotiations shall
provide written notification to the department of community development and the
state agencies or institutions that own property within the jurisdiction, of
its intent to contract for fire protection services. Where there are multiple
state agencies located within a single jurisdiction, a city may choose to
notify only the department of community development, which in turn shall notify
the agencies or institution that own property within the jurisdiction of the
city's intent to contract for fire protection services. Any such notification
shall be based on the valuation procedures, based on commonly accepted
standards, adopted by the department of community development in consultation
with the department of general administration and the association of Washington
cities.
(3)
The department of community development shall review any such notification to
ensure that the valuation procedures and results are accurate. The department
will notify each affected city or town and state agency or institution of the
results of their review within thirty days of receipt of notification.
(4)
The parties negotiating fire protection contracts under this section shall
conduct those negotiations in good faith. Whenever there are multiple state
agencies located within a single jurisdiction, every effort shall be made by
the state to consolidate negotiations on behalf of all affected agencies.
(5) In
the event of notification by one of the parties that an agreement cannot be
reached on the terms and conditions of a fire protection contract, the director
of the department of community development shall mediate a resolution of the
disagreement. In the event of a continued impasse, the director of the
department of community development shall recommend a resolution.
(6) If
the parties reject the recommendation of the director and an impasse continues,
the director shall direct the parties to arbitration. The parties shall agree
on a neutral arbitrator, and the fees and expenses of the arbitrator shall be
shared equally between the parties. The arbitration shall be a final offer,
total arbitration, with the arbitrator empowered only to pick the final offer
of one of the parties or the recommended resolution by the director of the
department of community development. The decision of the arbitrator shall be
final, binding, and nonappealable on the parties.
(7) The
provisions of this section shall not apply if a city or town and a state agency
or institution have contracted pursuant to section 4 of this act.
(8)
The provisions of this section do not apply to cities and towns not meeting the
conditions in subsection (1) of this section. Cities and towns not meeting the
conditions of subsection (1) of this section may enter into contracts pursuant
to section 4 of this act.
NEW
SECTION. Sec. 7. A new
section is added to chapter 35.21 RCW to read as follows:
On or
before May 1, 1992, the department of community development shall, in
consultation with the association of Washington cities, adopt rules pursuant to
chapter 34.05 RCW for the implementation of this act (chapter ..., Laws of 1992).
NEW
SECTION. Sec. 8. RCW
35.21.777 and 1983 c 87 s 1 are each repealed.
NEW
SECTION. Sec. 9. Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Department" means the department of community development.
(2)
"Director" means the director of the department of community
development.
(3)
"State fire marshal" means the assistant director of the division of
fire protection services in the department of community development.
(4)
"Fire chief" includes the chief officer of a statutorily authorized
fire agency, or the fire chief's authorized representative. Also included are
the department of natural resources fire control chief, and the department of
natural resources regional managers.
(5)
"Jurisdiction" means state, county, city, fire district, or port
district fighting units, or other units covered by this chapter.
(6)
"Mobilization" means that fire fighting resources beyond those
available through existing agreements will be requested and, when available,
sent to fight a fire that has or soon will exceed the capabilities of available
local resources. During a large scale fire emergency, mobilization includes
redistribution of regional or state-wide fire fighting resources to either
direct fire fighting assignments or to assignment in communities where fire
fighting resources are needed. This chapter shall not reduce or suspend the
authority or responsibility of the department of natural resources under
chapter 76.04 RCW.
(7)
"Mutual aid" means emergency interagency assistance provided without
compensation under and agreement between jurisdictions under chapter 39.34 RCW.
NEW
SECTION. Sec. 10. Because
of the possibility of the occurrence of disastrous fires or other disasters of
unprecedented size and destructiveness, the need to insure that the state is
adequately prepared to respond to such a fire or disaster, the need to
establish a mechanism and a procedure to provide for reimbursement to fire
fighting agencies that respond to help others in time of need, and generally to
protect the public peace, health, safety, lives, and property of the people of
Washington, it is hereby declared necessary to:
(1)
Provide the policy and organizational structure for large scale mobilization of
fire fighting resources in the state through creation of the Washington state
fire services mobilization plan;
(2)
Confer upon the director of the department of community development the powers
provided herein; and
(3)
Provide a means for reimbursement to fire jurisdictions that incur expenses
when mobilized by the director under the Washington state fire services
mobilization plan.
NEW
SECTION. Sec. 11. There
is created the state fire defense board consisting of the state fire marshal, a
representative from the department of natural resources appointed by the
commissioner of public lands, the assistant director of the emergency
management division of the department of community development, and one
representative selected by each regional fire defense board in the state.
Members of the state fire defense board shall select from among themselves a
chairperson. Members serving on the board do so in a voluntary capacity and
are not eligible for reimbursement for meeting-related expenses from the state.
The
state fire defense board shall develop and maintain the Washington state fire
services mobilization plan, which shall include the procedures to be used
during fire emergencies for coordinating local, regional, and state fire
jurisdiction resources. The Washington state fire services mobilization plan
shall be consistent with, and made part of, the Washington state comprehensive
emergency management plan. The director shall review the fire services
mobilization plan as submitted by the state fire defense board and after
consultation with the fire protection policy board, recommend changes that may
be necessary, and approve the fire services mobilization plan for inclusion
within the state comprehensive emergency management plan.
It is
the responsibility of the director to mobilize jurisdictions under the
Washington state fire services mobilization plan. The state fire marshal shall
serve as the state fire resources coordinator when the Washington state fire
services mobilization plan is mobilized.
NEW
SECTION. Sec. 12. Regions
within the state are initially established as follows but may be adjusted as
necessary by the director:
(1)
Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
(2)
Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, and Lincoln
counties;
(3)
Olympic region - Clallam and Jefferson counties;
(4)
South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
(5)
Southeast region - Chelan, Douglas, Kittitas, Grant, Adams, Whitman, Yakima,
Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin
counties;
(6)
Central region - Grays Harbor, Thurston, Pacific, and Lewis counties; and
(7)
Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
Within
each of these regions there is created a regional fire defense board. The
regional fire defense boards shall consist of two members from each county in
the region. One member from each county shall be appointed by the county fire
chiefs' association or, in the event there is no such county association, by
the county's legislative authority. Each county's office of emergency
management or, in the event there is no such office, the county's legislative
authority shall select the second representative to the regional board. The
department of natural resources fire control chief shall appoint a
representative from each department of natural resources region to serve as a
member of the appropriate regional fire defense board. Members of each
regional board will select a chairperson and secretary as officers. Members
serving on the regional boards do so in a voluntary capacity and are not
eligible for reimbursement for meeting-related expenses from the state.
Regional
defense boards shall develop regional fire service plans that include
provisions for organized fire agencies to respond across municipal, county, or
regional boundaries. Each regional plan shall be consistent with the incident
command system, the Washington state fire services mobilization plan, and
regional response plans already adopted and in use in the state. The regional
boards shall work with the relevant local government entities to facilitate
development of intergovernmental agreements if any such agreements are required
to implement a regional fire service plan. Each regional plan shall be
approved by the state fire defense board before implementation.
NEW
SECTION. Sec. 13. The
department of community development in consultation with the office of
financial management shall develop procedures to facilitate reimbursement to
jurisdictions from appropriate federal and state funds when jurisdictions are
mobilized by the director under the Washington state fire services mobilization
plan.
NEW
SECTION. Sec. 14. Sections
9 through 13 of this act shall constitute a new chapter in Title 38 RCW.
NEW
SECTION. Sec. 15. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
