S-3862

AN ACT Relating to mobilization of fire service resources; and adding new sections to chapter 38.52 RCW.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of the department of community development.

(2) "State fire marshal" means the assistant director of the division of fire protection services in the department of community development.

(3) "Fire chief" includes the chief officer of a statutorily authorized fire agency serving a jurisdiction, or the fire chief's authorized representative. Also included are the chief of fire control in the department of natural resources, and the department of natural resources regional managers.

(4) "Jurisdiction" means the state, county, city, fire district, port fire fighting units, or other public agencies covered by this chapter.

(5) "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 available local resources. During a large scale fire emergency, mobilization includes redistribution of either regional or state-wide fire fighting resources, or both, to either direct fire fighting assignments or to assignment in communities where the fire fighting resources are exceeded. This chapter shall not reduce or suspend the authority or responsibility of the department of natural resources under chapter 76.04 RCW.

(6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement between jurisdictions under chapter 39.34 RCW.

(7) Regions shall be established or adjusted by the director as the following:

(a) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;

(b) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, and Lincoln counties;

(d) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;

(e) Southeast region - Chelan, Douglas, Kittitas, Grant, Adams, Whitman, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties;

(f) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties; and

(g) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.

NEW SECTION. Sec. 2. Because of the existing and increasing possibility of the occurrence of disastrous fires of unprecedented size and destructiveness, and in order to ensure that the preparations of this state are adequate to deal with these disasters, to ensure the administration of state and federal programs providing disaster relief to individuals, state agencies, local agencies, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby declared to be necessary:

(1) To provide the policy and organizational structure for the large scale mobilization of fire fighting resources in the state through the creation of the Washington state fire services mobilization plan;

(2) To confer upon the director of community development the powers provided herein; and

(3) To provide a means for reimbursement to fire jurisdictions that incur expenses when mobilized by the director under the Washington state fire mobilization plan.

NEW SECTION. Sec. 3. (1) The director may employ personnel and make those expenditures within the appropriation therefor, or from other funds made available for purposes of the Washington state fire services mobilization plan, as may be necessary to carry out the purposes of this chapter.

(2) The state fire marshal 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 fire jurisdiction resources, as necessary, and the resources of regional and state fire jurisdictions.

(3) The state fire marshal shall work cooperatively with the chief of fire control in the department of natural resources to coordinate the activities of all organizations for fire mobilization within the state, and shall have the additional authority, duties, and responsibilities authorized by this chapter.

(4) The state fire marshal shall serve as the state fire resources coordinator when the Washington state fire services mobilization plan is invoked.

NEW SECTION. Sec. 4. There is created the state fire defense board comprised of the state fire marshal, who will chair the board, the chief of fire control in the department of natural resources, the assistant director of the department of community development emergency management division, and regional fire resources coordinators. The state fire defense board shall advise the director regarding the state fire mobilization plan.

(1) There is created a regional fire defense board for each region under section 1 of this act. The regional fire defense boards shall be comprised of one representative from each county, appointed by the director from recommendations submitted by local fire organizations within the county. Board members will serve staggered, three-year terms. Board members will have one vote. Members of each regional board will select a chairperson and secretary as officers. The state fire marshal or a designee will serve as a member of each regional fire defense board. The chief of fire control in the department of natural resources shall appoint a representative from each department of natural resources region to serve as a member of each regional fire defense board. Each regional fire defense board will select the regional fire resources coordinator for that region. The fire resources coordinator serves at the pleasure of the regional fire defense board. Regional fire defense boards will develop regional fire service plans that include provisions for organized fire agencies to respond across municipal, county, or regional boundaries. Each regional fire defense board will develop and implement the intergovernmental agreements required to implement these plans.

(2) For the purposes of sections 1 through 6 of this act, the director, in cooperation with the fire protection policy board, may adopt and amend rules under chapter 34.05 RCW setting forth the duties and responsibilities of the following:

(a) The state fire marshal;

(b) The assistant director of the division of emergency management in the department of community development;

(d) The regional fire defense boards.

NEW SECTION. Sec. 5. The Washington state fire mobilization account is created as a separate account in the state treasury. All receipts from legislative appropriations for the purposes of sections 3 through 5 of this act shall be deposited into the account. Expenditures from the account may be used only for reimbursement of expenses caused by the mobilization of fire fighting resources. Only the state treasurer or the treasurer's designee may authorize expenditures from the account.

NEW SECTION. Sec. 6. Each year the director shall prepare a request for appropriation to the Washington state fire mobilization account those moneys necessary to reimburse emergency fire suppression costs incurred under sections 3 through 5 of this act.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 38.52 RCW.