AN ACT Relating to forest fires; amending RCW
76.04.495 and 76.04.015; and adding a new section to chapter 76.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 76.04 RCW to read as follows:
The department when acting, in good faith, in
its statutory capacity as a fire prevention and suppression agency, is carrying
out duties owed to the public in general and not to any individual person or
class of persons separate and apart from the public. Nothing contained in this
title, including but not limited to any provision dealing with payment or
collection of forest protection or fire suppression assessments, may be
construed to evidence a legislative intent that the duty to prevent and
suppress forest fires is owed to any individual person or class of persons
separate and apart from the public in general. This section does not alter the
department's duties and responsibilities as a landowner.
Sec. 2.
RCW 76.04.495 and 1986 c 100 s 33 are each amended to read as follows:
(1) Any person, firm, or corporation: (a)
Whose negligence is responsible for the starting or existence of a fire which
spreads on forest land; or (b) who creates or allows an extreme fire hazard
under RCW 76.04.660 to exist and which hazard contributes to the spread of a
fire; or (c) who allows forest debris subject to RCW 76.04.650 to exist and
which debris contributes to the spread of fire, shall be liable for any reasonable
expenses made necessary by (a), (b), or (c) of this subsection ((incurred by)).
The state, a municipality, ((or)) a forest protective association, or
any fire protection agency of the United States may recover such reasonable
expenses in fighting the fire, together with costs of investigation and
litigation including reasonable attorneys' fees and taxable court costs, if the
expense was authorized or subsequently approved by the department. The
authority granted under this subsection allowing the recovery of reasonable
expenses incurred by fire protection agencies of the United States shall apply
only to such expenses incurred after June 30, 1993.
(2) The department or agency incurring such
expense shall have a lien for the same against any property of the person,
firm, or corporation liable under subsection (1) of this section by filing a
claim of lien naming the person, firm, or corporation, describing the property
against which the lien is claimed, specifying the amount expended on the lands
on which the fire fighting took place and the period during which the expenses
were incurred, and signing the claim with post office address. No claim of
lien is valid unless filed, with the county auditor of the county in which the
property sought to be charged is located, within a period of ninety days after
the expenses of the claimant are incurred. The lien may be foreclosed in the
same manner as a mechanic's lien is foreclosed under the statutes of the state
of Washington.
Sec. 3.
RCW 76.04.015 and 1986 c 100 s 2 are each amended to read as follows:
(1) The department may, at its discretion,
appoint trained personnel possessing the necessary qualifications to carry out
the duties and supporting functions of the department and may determine their
respective salaries.
(2) The department shall have direct charge of
and supervision of all matters pertaining to the forest fire service of the
state.
(3) The department shall:
(a) Enforce all laws within this chapter;
(b) Be empowered to take charge of and direct
the work of suppressing forest fires;
(c) Investigate the origin and cause of all
forest fires to determine whether either a criminal act or negligence by any
person, firm, or corporation caused the starting, spreading, or existence of
the fire. In conducting investigations, the department shall work
cooperatively, to the extent possible, with utilities, property owners, and
other interested parties to identify and preserve evidence. Except as provided
otherwise in this subsection, the department in conducting investigations is
authorized, without court order, to take possession or control of relevant
evidence found in plain view and belonging to any person, firm, or
corporation. To the extent possible, the department shall notify the person,
firm, or corporation of its intent to take possession or control of the
evidence. The person, firm, or corporation shall be afforded reasonable
opportunity to view the evidence and, before the department takes possession or
control of the evidence, also shall be afforded reasonable opportunity to
examine, document, and photograph it. If the person, firm, or corporation
objects in writing to the department's taking possession or control of the
evidence, the department must either return the evidence within seven days
after the day on which the department is provided with the written objections
or obtain a court order authorizing the continued possession or control.
Absent a court order authorizing otherwise,
the department may not take possession or control of evidence over the
objection of the owner of the evidence if: (i) The evidence is used by the
owner in conducting a business or in providing an electric utility service; and
(ii) the department's taking possession or control of the evidence would
substantially and materially interfere with the operation of the business or
provision of electric utility service.
Absent a court order authorizing otherwise,
the department may not take possession or control of evidence over the
objection of an electric utility when the evidence is not owned by the utility
but has caused damage to property owned by the utility. However, this
paragraph does not apply if the department has notified the utility of its
intent to take possession or control of the evidence and provided the utility
with reasonable time to examine, document, and photograph the evidence.
Only personnel qualified to work on
electrical equipment may take possession or control of evidence owned or
controlled by an electric utility;
(d) Furnish notices or information to the
public calling attention to forest fire dangers and the penalties for violation
of this chapter;
(e) Be familiar with all timbered and cut-over
areas of the state; and
(f) Regulate and control the official actions
of its employees, the wardens, and the rangers.
(4) The department may:
(a) Authorize all needful and proper expenditures
for forest protection;
(b) Adopt rules for the prevention, control,
and suppression of forest fires as it considers necessary including but not
limited to: Fire equipment and materials; use of personnel; and fire
prevention standards and operating conditions including a provision for
reducing these conditions where justified by local factors such as location and
weather;
(c) Remove at will the commission of any ranger
or suspend the authority of any warden;
(d) Inquire into:
(i) The extent, kind, value, and condition of
all timber lands within the state;
(ii) The extent to which timber lands are being
destroyed by fire and the damage thereon.
(5) When the department considers it to be in
the best interest of the state, it may cooperate with any agency of another
state, the United States or any agency thereof, the Dominion of Canada or any
agency or province thereof, and any county, town, corporation, individual, or
Indian tribe within the state of Washington in forest fire fighting and patrol.
