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SECOND ENGROSSED SUBSTITUTE SENATE BILL 6013
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Skratek, Vognild, Snyder, Sheldon, McAuliffe and Ludwig)
Read first time 01/24/94.
AN ACT Relating to fire protection services; amending RCW 43.63A.300, 43.63A.310, 43.63A.320, 43.63A.340, 43.63A.377, 48.48.060, 48.48.065, 48.48.080, 52.12.031, and 84.52.043; adding a new section to chapter 43.10 RCW; adding new sections to chapter 84.52 RCW; creating new sections; repealing RCW 48.48.120; and providing for submission of this act to a vote of the people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.63A.300 and 1993 c 280 s 68 are each amended to read as follows:
The legislature finds
that fire protection services at the state level are provided by different,
independent state agencies. This has resulted in a lack of a comprehensive
state-level focus for state fire protection services, funding, and policy. The
legislature further finds that the paramount duty of the state in fire
protection services is to enhance the capacity of all local jurisdictions to
assure that their personnel with fire suppression, prevention, inspection,
origin and cause, and arson investigation responsibilities are adequately
trained to discharge their responsibilities. It is the intent of the
legislature to consolidate fire protection services into a single state agency
and to create a state board with the responsibility of (1) establishing a
comprehensive state policy regarding fire protection services and (2) advising
the ((director of community, trade, and economic development)) governor
and the director of fire protection on matters relating to their duties under
state law. It is also the intent of the legislature that the fire protection
services program created herein will assist local fire protection agencies in
program development without encroaching upon their historic autonomy. It is
the further intent of the legislature that the fire protection services program
be implemented incrementally to assure a smooth transition, to build local,
regional, and state capacity, and to avoid undue burdens on jurisdictions with
limited resources.
Sec. 2. RCW 43.63A.310 and 1986 c 266 s 55 are each amended to read as follows:
There is created the
state fire protection policy board consisting of ((ten)) eight
members appointed by the governor:
(1) ((Three)) One
representative((s)) of fire chiefs((. At least one shall be from a
fire department east of the Cascade mountains and at least one shall be from a
fire department west of the Cascade mountains. One shall be from a fire
protection district));
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) ((Two)) One
full-time, paid, career fire fighter((s));
(6) One volunteer fire
fighter; ((and))
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the department of natural resources.
In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.
The terms of the appointed members of the board shall be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as follows: Three members to terms of one year, three members to terms of two years, and four members to terms of three years. In the case of a vacancy of a member appointed under subsections (1) through (7) of this section, the governor shall appoint a new representative to fill the unexpired term of the member whose office has become vacant. A vacancy shall occur whenever an appointed member ceases to be employed in the occupation the member was appointed to represent. The members of the board appointed pursuant to subsections (1) and (5) of this section and holding office on the effective date of this act shall serve the remainder of their terms, and the reduction of the board required by section 2, chapter ---, Laws of 1994 (this section), shall occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
The board shall select its own chairperson and shall meet at the request of the governor or the chairperson and at least four times per year.
Sec. 3. RCW 43.63A.320 and 1993 c 280 s 69 are each amended to read as follows:
Except for matters relating to the statutory duties of the director of community, trade, and economic development which are to be carried out through the director of fire protection, the board shall have the responsibility of developing a comprehensive state policy regarding fire protection services. In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master plan which allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and technical colleges to provide academic, vocational, and field training programs for the fire service and (ii) with the higher education coordinating board and the state colleges and universities to provide instructional programs requiring advanced training, especially in command and management skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention, inspection, and investigation responsibilities which assure continuing assessment of skills and are flexible enough to meet emerging technologies. With particular respect to training for fire investigations, the master plan shall encourage cross training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and community colleges, institutions of higher education, and any department or division of the state, or of any county or municipal corporation in establishing and maintaining instruction in fire service training and education in accordance with any act of congress and legislation enacted by the legislature in pursuance thereof and in establishing, building, and operating training and education facilities.
Industrial fire departments and private fire investigators may participate in training and education programs under this chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing, equipping, maintaining, and operating necessary fire service training and education facilities subject to the provisions of chapter 43.19 RCW; and
(e) Develop and adopt a master plan for the purchase, lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by law.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(((2))) (b)
Monitor fire protection in the state and develop objectives and priorities to
improve fire protection for the state's citizens including: (i) The comprehensiveness
of state and local inspections required by law for fire and life safety; (ii)
the level of skills and training of inspectors, as well as needs for additional
training; and (iii) the efforts of local, regional, and state inspection agencies
to improve coordination and reduce duplication among inspection efforts;
(((3))) (c)
Establish and promote state arson control programs and ensure development of
local arson control programs;
(((4))) (d)
Provide representation for local fire protection services to the governor in
state-level fire protection planning matters such as, but not limited to,
hazardous materials control;
(((5))) (e)
Seek and solicit grants, gifts, bequests, ((devices)) devises,
and matching funds for use in furthering the objectives and duties of the
board, and establish procedures for administering them;
(((6))) (f)
Promote mutual aid and disaster planning for fire services in this state;
(((7))) (g)
Assure the dissemination of information concerning the amount of fire damage
including that damage caused by arson, and its causes and prevention;
(((8))) (h)
Submit ((annually a)) an annual report to the governor ((containing
a statement of)) describing its ((official acts)) activities
undertaken pursuant to this chapter, and make such studies, reports, and
recommendations to the governor and the legislature as are requested; and
(((9) Adopt a state
fire training and education master plan;
(10) Develop and
adopt a master plan for the construction, equipping, maintaining, and operation
of necessary fire service training and education facilities, but the authority
to construct, equip, and maintain such facilities is subject to chapter 43.19
RCW;
(11) Develop and
adopt a master plan for the purchase, lease, or other acquisition of real
estate necessary to establish and operate fire service training and education
facilities in a manner provided by law;
(12) Adopt standards
for state-wide fire service training and education courses including courses in
arson detection and investigation for personnel of fire, police, and
prosecutor's departments;
(13) Assure the
administration of)) (i)
Implement any legislation enacted by the legislature ((in pursuance of
the aims and purposes)) to meet the requirements of any acts of congress
((insofar as the provisions thereof may)) that apply((;
(14) Cooperate with
the common schools, community colleges, institutions of higher education, and
any department or division of the state, or of any county or municipal
corporation in establishing and maintaining instruction in fire service
training and education in accordance with any act of Congress and legislation
enacted by the legislature in pursuance thereof and in establishing, building,
and operating training and education facilities.
This section does
not apply to forest fire service personnel and programs. Industrial fire
departments and private fire investigators may participate in training and
education programs under this chapter for a reasonable fee established by rule)) to this section.
(3) In carrying out its statutory duties, the board shall give particular consideration to the appropriate roles to be played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of responsibility shall be made in consultation with local fire officials and their representatives.
To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional units may serve to: (a) Reinforce coordination among state and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need, particularly in smaller jurisdictions with inadequate resources; (c) assist the state in its oversight responsibilities; (d) identify funding needs and options at both the state and local levels; and (e) provide models for building local capacity in fire protection programs.
Sec. 4. RCW 43.63A.340 and 1993 c 280 s 71 are each amended to read as follows:
(1) Wherever the term state fire marshal appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
(2) The ((director
of community, trade, and economic development)) governor shall
appoint an assistant director who shall be known as the director of fire
protection. The board, after consulting with the ((director)) governor,
shall prescribe qualifications for the position of director of fire
protection. The board shall submit to the ((director)) governor
a list containing the names of three persons whom the board believes meet its
qualifications. If requested by the ((director)) governor, the
board shall submit one additional list of three persons whom the board believes
meet its qualifications. The appointment shall be from one of the lists of
persons submitted by the board.
(3) The director of fire protection may designate one or more deputies and may delegate to those deputies his or her duties and authorities as deemed appropriate.
(4) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall((, after consultation with the board,))
prepare a biennial budget pertaining to fire protection services. Such
biennial budget shall be submitted as part of the department's budget request.
(5) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall implement and administer, within the
constraints established by budgeted resources, the policies of the board ((and
all duties of the director of community, trade, and economic development which
are to be carried out through the director of fire protection)). Such
administration shall include negotiation of agreements with the state board for
community and technical colleges, the higher education coordinating board, and
the state colleges and universities as provided in RCW 43.63A.320. Programs
covered by such agreements shall include, but not be limited to, planning
curricula, developing and delivering instructional programs and materials, and
utilizing existing instructional personnel and facilities. Where appropriate,
such contracts shall also include planning and conducting instructional
programs at the state fire service training center.
(6) The ((director
of community, trade, and economic development, through the)) director of
fire protection((,)) shall seek the advice of the board in carrying out
his or her duties under law.
Sec. 5. RCW 43.63A.377 and 1991 c 135 s 3 are each amended to read as follows:
Money from the fire services trust fund may be expended for the following purposes:
(1) Training of fire service personnel, including both classroom and hands-on training at the state fire training center or other locations approved by the director through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center near North Bend. If in the future the state builds or leases other facilities as other fire training centers, a portion of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or other
subsidies to local ((entities)) jurisdictions to allow them
to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of fireworks; and
(7) Development with the legal fireworks industry and funding of a state-wide public education program for fireworks safety.
Sec. 6. RCW 48.48.060 and 1986 c 266 s 71 are each amended to read as follows:
(1) The chief of each
organized fire department, the sheriff or other designated county official, and
the designated city or town official shall investigate the cause((,)) and
origin, and document extent of ((loss)) damage of all
fires occurring within their respective jurisdictions, as determined by this
subsection, and shall forthwith notify the ((director of community
development, through the)) director of fire protection((,)) of all
fires of criminal, suspected, or undetermined cause occurring within their
respective jurisdictions. The county fire marshal shall also be notified of
and investigate all such fires occurring in unincorporated areas of the
county. Fire departments shall have the responsibility imposed by this
subsection for areas within their jurisdictions. Sheriffs or other designated
county officials shall have responsibility imposed by this subsection for
county areas not within the jurisdiction of a fire department, unless such
areas are within the boundaries of a city or town, in which case the designated
city or town official shall have the responsibility imposed by this
subsection. For the purposes of this subsection, county officials shall be
designated by the county legislative authority, and city or town officials
shall be designated by the appropriate city or town legislative or executive
authority. In addition to the responsibility imposed by this subsection, any
sheriff or chief of police may assist in the investigation of the cause((,))
and origin, and document extent of ((loss)) damage
of all fires occurring within his or her respective jurisdiction.
(2) The ((director
of community development, through the)) director of fire protection or his
or her deputy((,)) may investigate any fire for the purpose of
determining its cause, origin, and the extent of the loss. The ((director
of community development, through the)) director of fire protection or his
or her deputy((,)) shall assist in the investigation of those fires of
criminal, suspected, or undetermined cause when requested by the reporting
agency. In the investigation of any fire of criminal, suspected, or
undetermined cause, the ((director of community development and the))
director of fire protection or his or her deputy((,)) are vested with
police powers to enforce the laws of this state. To exercise these powers,
authorized deputies must receive prior written authorization from the ((director
of community development, through the)) director of fire protection((,))
and shall have completed a course of training prescribed by the Washington
state criminal justice training commission.
Sec. 7. RCW 48.48.065 and 1986 c 266 s 72 are each amended to read as follows:
(1) The chief of each
organized fire department, or the sheriff or other designated county official
having jurisdiction over areas not within the jurisdiction of any fire
department, shall report statistical information and data to the ((director
of community development, through the)) director of fire protection((,))
on each fire occurring within the official's jurisdiction. Reports shall be
consistent with the national fire incident reporting system developed by the
United States fire administration and rules established by the ((director of
community development, through the director of)) fire protection policy
board. The ((director of community development, through the))
director of fire protection((,)) and the department of natural resources
shall jointly determine the statistical information to be reported on fires on
land under the jurisdiction of the department of natural resources.
(2) The ((director
of community development, through the)) director of fire protection((,))
shall analyze the information and data reported, compile a report, and
distribute a copy annually by ((January 31)) June 30 to each
chief fire official in the state. Upon request, the ((director of community
development, through the)) director of fire protection((,)) shall
also furnish a copy of the report to any other interested person at cost.
(3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may contract with a qualified individual or organization to gather and report such information under the following conditions:
(a) The contractor may be selected under the sole source provisions of chapter 39.29 RCW, so long as the contractor meets the qualifications of that chapter; and
(b) The information provided meets the diverse needs of state and local fire reporting agencies and is (i) defined in understandable terms of common usage in the fire community; (ii) adaptable to the varying levels of resources available, including whether a given client's system is operated electronically or not; (iii) maintained in a manner which will foster both technical support and resource sharing; and (iv) designed to meet both short and long-term needs.
NEW SECTION. Sec. 8. A new section is added to chapter 43.10 RCW to read as follows:
(1) The legislature finds that provisions for information systems relating to statistics and reporting for fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire incidents where the cause is suspected or determined to be the result of negligence or otherwise suggestive of some criminal activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to undertake prosecution of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials about the cause, origin, and extent of loss in fires under chapter 48.48 RCW, there is hereby created the state arson investigation information system in the office of the attorney general.
(b) The attorney general shall develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to include at least the following attributes: (i) The information gathered and reported shall meet the diverse needs of state and local investigating agencies; (ii) the forms and reports are drafted in understandable terms of common usage; and (iii) the results shall be adaptable to the varying levels of available resources, maintained in a manner to foster data sharing and mutual aid activities, and made available to other law enforcement agencies responsible for criminal investigations.
(d) All insurers required to report claim information under the provisions of chapter 48.50 RCW shall cooperate fully with any requests from the attorney general in developing and maintaining the arson investigation information system. The confidentiality provisions of that chapter shall be fully enforced.
Sec. 9. RCW 48.48.080 and 1986 c 266 s 74 are each amended to read as follows:
If as the result of any
such investigation, or because of any information received, the ((director
of community development, through the)) director of fire protection((,))
is of the opinion that there is evidence sufficient to charge any person with
any crime, he or she may cause such person to be arrested and charged with such
offense, and shall furnish to the prosecuting attorney of the county in which
the offense was committed, the names of witnesses and all pertinent and
material evidence and testimony within his or her possession relative to the
offense.
Sec. 10. RCW 52.12.031 and 1986 c 311 s 1 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 under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, 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, investigation, 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. 11. The association of fire commissioners that is authorized to be formed under RCW 52.12.031(4), the association of Washington cities, and the Washington state association of counties shall submit a report on achieving greater efficiency in the delivery of fire protection services to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 12. The state fire protection policy board shall conduct a study on the overlapping and confusing jurisdiction and responsibilities of local governments concerning fire investigation. The board shall make recommendations to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 13. The department of natural resources and the association of fire commissioners shall submit a report on the feasibility of providing fire protection for lands that are not federally protected, not protected by the department of natural resources, and not within the boundaries of a fire protection district to the government operations committee of the senate and the local government committee of the house of representatives on or before December 31, 1994.
NEW SECTION. Sec. 14. This act does not apply to forest fire service personnel and programs.
NEW SECTION. Sec. 15. RCW 48.48.120 and 1947 c 79 s .33.12 are each repealed.
Sec. 16. RCW 84.52.043 and 1993 c 337 s 3 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the
senior taxing districts shall be as follows: (a) The levy by the state under
RCW 84.52.065 shall not exceed three dollars and sixty cents per thousand
dollars of assessed value adjusted to the state equalized value in accordance
with the indicated ratio fixed by the state department of revenue to be used
exclusively for the support of the common schools; (b) the levy by the state
under section 17 of this act shall not exceed two cents per thousand dollars of
assessed value adjusted to the state equalized value in accordance with the
indicated ratio fixed by the state department of revenue to be used exclusively
for state fire protection services; (c) the levy by any county shall not
exceed one dollar and eighty cents per thousand dollars of assessed value; (((c)))
(d) the levy by any road district shall not exceed two dollars and
twenty-five cents per thousand dollars of assessed value; and (((d))) (e)
the levy by any city or town shall not exceed three dollars and thirty-seven
and one-half cents per thousand dollars of assessed value. However any county
is hereby authorized to increase its levy from one dollar and eighty cents to a
rate not to exceed two dollars and forty-seven and one-half cents per thousand
dollars of assessed value for general county purposes if the total levies for
both the county and any road district within the county do not exceed four
dollars and five cents per thousand dollars of assessed value, and no other
taxing district has its levy reduced as a result of the increased county levy.
(2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; and (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105.
NEW SECTION. Sec. 17. A new section is added to chapter 84.52 RCW to read as follows:
Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for state fire protection responsibilities within the department of community, trade, and economic development a tax of two cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state, except classified or designated forest land under chapter 84.33 RCW, adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue.
NEW SECTION. Sec. 18. A new section is added to chapter 84.52 RCW to read as follows:
When a county assessor finds that the aggregate of all regular tax levies upon real and personal property by the state and all taxing districts other than a port or public utility district exceeds the limitation set forth in RCW 84.52.050, the assessor shall recompute and establish a consolidated levy as follows:
(1) If the limitation is exceeded only as a result of the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department, the certified property tax levy rates authorized under RCW 84.52.043(1)(e) and 52.16.140 shall be reduced on a pro rata basis until the limitation is not exceeded;
(2) If the limitation is exceeded as a result of both the levy authorized in section 17 of this act adjusted to the local levy rate in accordance with the indicated ratio fixed by the department and other tax levies, the pro rationing process provided in RCW 84.52.010 shall be followed until the limitation is exceeded only as a result of the levy authorized in section 17 of this act, and the consolidated levy shall then be further reduced in accordance with subsection (1) of this section.
NEW SECTION. Sec. 19. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.
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