S-4275.1  _______________________________________________

                         SENATE BILL 6403

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Winsley, Haugen, Hale, Sheldon, Goings and Hochstatter

Read first time 01/15/96.  Referred to Committee on Government Operations.

Revising the responsibility for fire investigation.

    AN ACT Relating to fire investigation; and amending RCW 48.48.060.

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

    Sec. 1.  RCW 48.48.060 and 1995 c 369 s 28 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 damage of all fires occurring within their respective jurisdictions, as determined by this subsection, and shall forthwith notify the chief of the Washington state patrol, 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 damage of all fires occurring within his or her respective jurisdiction.)) (1) The responsibility for investigating the origin, cause, circumstances, and extent of loss of all fires shall be assigned as follows:

(a) Within any city or town, the chief of the fire department;

(b) Within unincorporated areas of a county, the county fire marshal, or other fire official so designated by the county legislative authority.

(2) Nothing shall prevent any city, town, county, or fire protection district, or any combination thereof, from entering into interlocal agreements to meet the responsibility required by this section.

(3) When any fire investigation indicates that the cause of the fire is determined to be suspicious or criminal in nature, the person responsible for the fire investigation shall immediately report the results of said investigation to the local law enforcement agency and the chief of the Washington state patrol, through the state fire marshal.

(4) In addition to the responsibility imposed by this section, any law enforcement agency, sheriff, or chief of police may assist in the investigation of the origin, cause, circumstances, and extent of loss of all fires within his or her respective jurisdiction.

    (((2))) (5) The chief of the Washington state patrol, 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 chief of the Washington state patrol, 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 chief of the Washington state patrol 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 chief of the Washington state patrol, through the director of fire protection, and shall have completed a course of training prescribed by the Washington state criminal justice training commission.

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