AN ACT
Relating to fire protection; amending RCW 4.24.400, 9.40.100, 18.20.130,
18.46.110, 18.51.140, 18.51.145, 19.27A.110, 28A.305.130, 38.54.010, 38.54.030,
38.54.050, 43.43.710, 43.63A.300, 43.63A.310, 43.63A.320, 43.63A.330,
43.63A.340, 43.63A.350, 43.63A.360, 43.63A.370, 43.63A.377, 46.37.467,
48.05.320, 48.48.030, 48.48.040, 48.48.050, 48.48.060, 48.48.065, 48.48.070,
48.48.080, 48.48.090, 48.48.110, 48.48.140, 48.48.150, 48.50.020, 48.50.040,
48.53.020, 48.53.060, 70.41.080, 70.75.020, 70.75.030, 70.75.040, 70.77.170,
70.77.250, 70.77.305, 70.77.315, 70.77.330, 70.77.360, 70.77.365, 70.77.375,
70.77.415, 70.77.430, 70.77.455, 70.77.460, 70.77.465, 70.77.575, 70.77.580,
70.108.040, 70.160.060, 71.12.485, 74.15.050, 74.15.080, and 52.12.031; adding
a new section to chapter 43.10 RCW; adding new sections to chapter 43.43 RCW;
creating new sections; recodifying RCW 43.63A.300, 43.63A.310, 43.63A.320,
43.63A.330, 43.63A.340, 43.63A.350, 43.63A.360, 43.63A.370, 43.63A.375,
43.63A.377, and 43.63A.380; repealing RCW 48.48.120; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1) All
powers, duties, and functions of the department of community development or the
department of community, trade, and economic development pertaining to fire
protection are transferred to the Washington state patrol. All references to
the director or the department of community development or the department of
community, trade, and economic development in the Revised Code of Washington
shall be construed to mean the chief of the Washington state patrol or the
Washington state patrol when referring to the functions transferred in this
section.
(2)(a)
All reports, documents, surveys, books, records, files, papers, or written
material in the possession of the department of community development or the
department of community, trade, and economic development pertaining to the
powers, functions, and duties transferred shall be delivered to the custody of
the Washington state patrol. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the department of community development
or the department of community, trade, and economic development in carrying out
the powers, functions, and duties transferred shall be made available to the
Washington state patrol. All funds, credits, or other assets held in
connection with the powers, functions, and duties transferred shall be assigned
to the Washington state patrol.
(b)
Any appropriations made to the department of community development or the
department of community, trade, and economic development for carrying out the
powers, functions, and duties transferred shall, on the effective date of this
section, be transferred and credited to the Washington state patrol to carry
out the responsibilities of the fire protection policy board and the director
of fire protection.
(c)
Whenever any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
(3)
All employees of the department of community development or the department of
community, trade, and economic development engaged in performing the powers,
functions, and duties transferred are transferred to the jurisdiction of the
Washington state patrol. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the Washington state patrol to perform
their usual duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4)
All rules and all pending business before the department of community
development or the department of community, trade, and economic development
pertaining to the powers, functions, and duties transferred shall be continued
and acted upon by the Washington state patrol. All existing contracts and
obligations shall remain in full force and shall be performed by the Washington
state patrol.
(5)
The transfer of the powers, duties, functions, and personnel of the department
of community development or the department of community, trade, and economic
development shall not affect the validity of any act performed before the
effective date of this section.
(6) If
apportionments of budgeted funds are required because of the transfers directed
by this section, the director of financial management shall certify the
apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer and adjustments
in funds and appropriation accounts and equipment records in accordance with
the certification.
(7)
Nothing contained in this section may be construed to alter any existing
collective bargaining unit or the provisions of any existing collective
bargaining agreement until the agreement has expired or until the bargaining unit
has been modified by action of the personnel board as provided by law.
Sec.
2. RCW
4.24.400 and 1986 c 266 s 79 are each amended to read as follows:
No
building warden, who acts in good faith, with or without compensation, shall be
personally liable for civil damages arising from his or her negligent acts or
omissions during the course of assigned duties in assisting others to evacuate
industrial, commercial, governmental or multi-unit residential buildings or in
attempting to control or alleviate a hazard to the building or its occupants
caused by fire, earthquake or other threat to life or limb. The term
"building warden" means an individual who is assigned to take charge
of the occupants on a floor or in an area of a building during an emergency in
accordance with a predetermined fire safety or evacuation plan; and/or an
individual selected by a municipal fire chief or the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, after an emergency is in progress to assist in
evacuating the occupants of such a building or providing for their safety.
This section shall not apply to any acts or omissions constituting gross
negligence or wilful or wanton misconduct.
Sec.
3. RCW
9.40.100 and 1990 c 177 s 1 are each amended to read as follows:
(1)
Any person who willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency phone, radio, or
other wire or signal, or any fire fighting equipment, or who willfully and
without having reasonable grounds for believing a fire exists, sends, gives,
transmits, or sounds any false alarm of fire, by shouting in a public place or
by means of any public or private fire alarm system or signal, or by telephone,
is guilty of a misdemeanor. This provision shall not prohibit the testing of
fire alarm systems by persons authorized to do so, by a fire department or the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection.
(2)
Any person who willfully and without cause tampers with, molests, injures, or
breaks any public or private fire alarm apparatus, emergency phone, radio, or
other wire or signal, or any fire fighting equipment with the intent to commit
arson, is guilty of a felony.
Sec.
4. RCW
18.20.130 and 1986 c 266 s 81 are each amended to read as follows:
Standards
for fire protection and the enforcement thereof, with respect to all boarding
homes to be licensed hereunder, shall be the responsibility of the ((director
of community development)) chief of the Washington state patrol, through
the director of fire protection, who shall adopt such recognized standards as
may be applicable to boarding homes for the protection of life against the
cause and spread of fire and fire hazards. The department upon receipt of an
application for a license, shall submit to the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, in writing, a request for an inspection, giving
the applicant's name and the location of the premises to be licensed. Upon
receipt of such a request, the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, or
his or her deputy, shall make an inspection of the boarding home to be
licensed, and if it is found that the premises do not comply with the required
safety standards and fire regulations as promulgated by the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, he or she shall promptly make a
written report to the boarding home and the department or authorized department
as to the manner and time allowed in which the premises must qualify for a
license and set forth the conditions to be remedied with respect to fire
regulations. The department, authorized department, applicant or licensee
shall notify the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, upon
completion of any requirements made by him or her, and the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the boarding home to be licensed meets
with the approval of the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, he
or she shall submit to the department or authorized department, a written
report approving same with respect to fire protection before a full license can
be issued. The ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, shall
make or cause to be made inspections of such homes at least annually.
In
cities which have in force a comprehensive building code, the provisions of
which are determined by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, to
be equal to the minimum standards of the code for boarding homes adopted by the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, the chief of the fire
department, provided the latter is a paid chief of a paid fire department,
shall make the inspection with the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection, or his or her deputy and they shall jointly approve the premises
before a full license can be issued.
Sec.
5. RCW
18.46.110 and 1986 c 266 s 82 are each amended to read as follows:
Fire
protection with respect to all maternity homes to be licensed hereunder, shall
be the responsibility of the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection,
who shall adopt by reference, such recognized standards as may be applicable to
nursing homes, places of refuge, and maternity homes for the protection of life
against the cause and spread of fire and fire hazards. The department upon
receipt of an application for a license, shall submit to the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the premises to be
licensed. Upon receipt of such a request, the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, or his or her deputy, shall make an inspection of
the maternity home to be licensed, and if it is found that the premises do not
comply with the required safety standards and fire regulations as promulgated
by the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, he or she shall
promptly make a written report to the department as to the manner in which the
premises may qualify for a license and set forth the conditions to be remedied
with respect to fire regulations. The department, applicant or licensee shall
notify the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, upon
completion of any requirements made by him or her, and the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the maternity home to be licensed
meets with the approval of the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, he
or she shall submit to the department, a written report approving same with
respect to fire protection before a license can be issued. The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall make or cause to be made such
inspection of such maternity homes as he or she deems necessary.
In
cities which have in force a comprehensive building code, the regulation of
which is equal to the minimum standards of the code for maternity homes adopted
by the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, the building
inspector and the chief of the fire department, provided the latter is a paid
chief of a paid fire department, shall make the inspection and shall approve the
premises before a license can be issued.
In
cities where such building codes are in force, the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, may, upon request by the chief fire official, or
the local governing body, or of a taxpayer of such city, assist in the
enforcement of any such code pertaining to maternity homes.
Sec.
6. RCW
18.51.140 and 1986 c 266 s 83 are each amended to read as follows:
Standards
for fire protection and the enforcement thereof, with respect to all nursing
homes to be licensed hereunder, shall be the responsibility of the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, who shall adopt such recognized
standards as may be applicable to nursing homes for the protection of life
against the cause and spread of fire and fire hazards. The department upon
receipt of an application for a license, shall submit to the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the premises to be
licensed. Upon receipt of such a request, the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, or his or her deputy, shall make an inspection of
the nursing home to be licensed, and if it is found that the premises do not
comply with the required safety standards and fire regulations as promulgated
by the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, he or she shall
promptly make a written report to the nursing home and the department as to the
manner and time allowed in which the premises must qualify for a license and
set forth the conditions to be remedied with respect to fire regulations. The
department, applicant or licensee shall notify the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, upon completion of any requirements made by him or
her, and the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, or his or
her deputy, shall make a reinspection of such premises. Whenever the nursing
home to be licensed meets with the approval of the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, he or she shall submit to the department, a
written report approving same with respect to fire protection before a full
license can be issued. The ((director of community development)) chief
of the Washington state patrol, through the director of fire protection,
shall make or cause to be made inspections of such nursing homes at least
annually.
In
cities which have in force a comprehensive building code, the provisions of
which are determined by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, to
be equal to the minimum standards of the code for nursing homes adopted by the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, the chief of the fire
department, provided the latter is a paid chief of a paid fire department,
shall make the inspection with the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection, or his or her deputy and they shall jointly approve the premises
before a full license can be issued.
Sec.
7. RCW
18.51.145 and 1986 c 266 s 84 are each amended to read as follows:
Inspections
of nursing homes by local authorities shall be consistent with the requirements
of chapter 19.27 RCW, the state building code. Findings of a serious nature
shall be coordinated with the department and the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, for determination of appropriate actions to ensure
a safe environment for nursing home residents. The ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, shall have exclusive authority to determine
appropriate corrective action under this section.
Sec.
8. RCW 19.27A.110
and 1986 c 266 s 85 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, is the only authority having
jurisdiction over the approval of portable oil-fueled heaters. The sale and
use of portable oil-fueled heaters is governed exclusively by RCW 19.27A.080
through 19.27A.120: PROVIDED, That cities and counties may adopt local
standards as provided in RCW 19.27.040.
Sec.
9. RCW
28A.305.130 and 1991 c 116 s 11 are each amended to read as follows:
In
addition to any other powers and duties as provided by law, the state board of
education shall:
(1)
Approve or disapprove the program of courses leading to teacher, school
administrator, and school specialized personnel certification offered by all
institutions of higher education within the state which may be accredited and
whose graduates may become entitled to receive such certification.
(2)
Conduct every five years a review of the program approval standards, including
the minimum standards for teachers, administrators, and educational staff
associates, to reflect research findings and assure continued improvement of
preparation programs for teachers, administrators, and educational staff
associates.
(3)
Investigate the character of the work required to be performed as a condition
of entrance to and graduation from any institution of higher education in this
state relative to such certification as provided for in subsection (1) above,
and prepare a list of accredited institutions of higher education of this and
other states whose graduates may be awarded such certificates.
(4)(a)
The state board of education shall adopt rules to allow a teacher certification
candidate to fulfill, in part, teacher preparation program requirements through
work experience as a noncertificated teacher's aide in a public school or
private school meeting the requirements of RCW 28A.195.010. The rules shall
include, but are not limited to, limitations based upon the recency of the
teacher preparation candidate's teacher aide work experience, and limitations
based on the amount of work experience that may apply toward teacher
preparation program requirements under this chapter.
(b)
The state board of education shall require that at the time of the individual's
enrollment in a teacher preparation program, the supervising teacher and the
building principal shall jointly provide to the teacher preparation program of
the higher education institution at which the teacher candidate is enrolled, a
written assessment of the performance of the teacher candidate. The assessment
shall contain such information as determined by the state board of education
and shall include: Evidence that at least fifty percent of the candidate's
work as a noncertificated teacher's aide was involved in instructional
activities with children under the supervision of a certificated teacher and
that the candidate worked a minimum of six hundred thirty hours for one school
year; the type of work performed by the candidate; and a recommendation of
whether the candidate's work experience as a noncertificated teacher's aide
should be substituted for teacher preparation program requirements. In
compliance with such rules as may be established by the state board of
education under this section, the teacher preparation programs of the higher
education institution where the candidate is enrolled shall make the final
determination as to what teacher preparation program requirements may be
fulfilled by teacher aide work experience.
(5)
Supervise the issuance of such certificates as provided for in subsection (1)
above and specify the types and kinds of certificates necessary for the several
departments of the common schools by rule or regulation in accordance with RCW
28A.410.010.
(6)
Accredit, subject to such accreditation standards and procedures as may be
established by the state board of education, all schools that apply for
accreditation, and approve, subject to the provisions of RCW 28A.195.010,
private schools carrying out a program for any or all of the grades one through
twelve: PROVIDED, That no public or private schools shall be placed upon the
list of accredited schools so long as secret societies are knowingly allowed to
exist among its students by school officials: PROVIDED FURTHER, That the state
board may elect to require all or certain classifications of the public schools
to conduct and participate in such pre-accreditation examination and evaluation
processes as may now or hereafter be established by the board.
(7)
Make rules and regulations governing the establishment in any existing nonhigh
school district of any secondary program or any new grades in grades nine
through twelve. Before any such program or any new grades are established the
district must obtain prior approval of the state board.
(8)
Prepare such outline of study for the common schools as the board shall deem
necessary, and prescribe such rules for the general government of the common
schools, as shall seek to secure regularity of attendance, prevent truancy,
secure efficiency, and promote the true interest of the common schools.
(9)
Continuously reevaluate courses and adopt and enforce regulations within the
common schools so as to meet the educational needs of students and articulate
with the institutions of higher education and unify the work of the public
school system.
(10)
Carry out board powers and duties relating to the organization and
reorganization of school districts under RCW 28A.315.010 through 28A.315.680
and 28A.315.900.
(11)
By rule or regulation promulgated upon the advice of the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, provide for instruction of pupils in the
public and private schools carrying out a K through 12 program, or any part
thereof, so that in case of sudden emergency they shall be able to leave their
particular school building in the shortest possible time or take such other
steps as the particular emergency demands, and without confusion or panic; such
rules and regulations shall be published and distributed to certificated
personnel throughout the state whose duties shall include a familiarization
therewith as well as the means of implementation thereof at their particular
school.
(12)
Hear and decide appeals as otherwise provided by law.
The
state board of education is given the authority to promulgate information and
rules dealing with the prevention of child abuse for purposes of curriculum use
in the common schools.
Sec.
10. RCW
38.54.010 and 1992 c 117 s 9 are each amended to read as follows:
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)) Washington
state patrol.
(((4)))
(2) "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)))
(3) "Jurisdiction" means state, county, city, fire district,
or port district (([fire])) fire fighting units, or other units
covered by this chapter.
(((6)))
(4) "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)))
(5) "Mutual aid" means emergency interagency assistance
provided without compensation under ((and [an])) an agreement
between jurisdictions under chapter 39.34 RCW.
Sec.
11. RCW
38.54.030 and 1992 c 117 s 11 are each amended to read as follows:
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, trade, and economic
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)) chief of the Washington state
patrol 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.
Sec.
12. RCW
38.54.050 and 1992 c 117 s 13 are each amended to read as follows:
The
department of community, trade, and economic 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)) chief of the
Washington state patrol under the Washington state fire services
mobilization plan.
Sec.
13. RCW
43.43.710 and 1987 c 486 s 11 are each amended to read as follows:
Information
contained in the files and records of the section relative to the commission of
any crime by any person shall be considered privileged and shall not be made
public or disclosed for any personal purpose or in any civil court proceedings
except upon a written order of the judge of a court wherein such civil
proceedings are had. All information contained in the files of the section
relative to criminal records and personal histories of persons arrested for the
commission of a crime shall be available to all criminal justice agencies ((and,
for the sole purpose of investigating the cause of fires under RCW 48.48.060(2)
where the cause is suspected to be arson, to the director of community
development, through the director of fire protection,)) upon the filing of
an application as provided in RCW 43.43.705.
Although
no application for information has been made to the section as provided in RCW
43.43.705, the section may transmit such information in the chief's discretion,
to such agencies as are authorized by RCW 43.43.705 to make application for it.
Sec.
14. 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)) chief
of the Washington state patrol 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.
15. 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 section shall serve the remainder of their terms, and the
reduction of the board required by section 15, chapter ---, Laws of 1995 (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.
16. 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)) chief of the Washington state
patrol that 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 that 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
that 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.
17. RCW
43.63A.330 and 1993 c 280 s 70 are each amended to read as follows:
In
regards to the statutory duties of the ((director of community, trade, and
economic development which)) chief of the Washington state patrol that
are to be carried out through the director of fire protection, the board shall
serve in an advisory capacity in order to enhance the continuity of state fire
protection services. In this capacity, the board shall:
(1)
Advise the ((director of community, trade, and economic development)) chief
of the Washington state patrol and the director of fire protection on
matters pertaining to their duties under law; and
(2)
Advise the ((director of community, trade, and economic development)) chief
of the Washington state patrol and the director of fire protection on all
budgeting and fiscal matters pertaining to the duties of the director of fire
protection and the board.
Sec.
18. 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)) chief
of the Washington state patrol shall appoint an ((assistant director))
officer who shall be known as the director of fire protection. The
board, after consulting with the ((director)) chief of the Washington
state patrol, shall prescribe qualifications for the position of director
of fire protection. The board shall submit to the ((director)) chief
of the Washington state patrol a list containing the names of three persons
whom the board believes meet its qualifications. If requested by the ((director))
chief of the Washington state patrol, 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, in accordance with the policies, objectives,
and priorities of the fire protection policy board, 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))
Washington state patrol'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, objectives, and
priorities of the board and all duties of the ((director of community,
trade, and economic development which)) chief of the Washington state
patrol that 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 using 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)) chief
of the Washington state patrol, through the director of fire protection,
shall seek the advice of the board in carrying out his or her duties under law.
Sec.
19. RCW
43.63A.350 and 1986 c 266 s 59 are each amended to read as follows:
The ((department))
Washington state patrol may accept any and all donations, grants,
bequests, and ((devices)) devises, conditional or otherwise, or
money, property, service, or other things of value which may be received from
the United States or any agency thereof, any governmental agency, any
institution, person, firm, or corporation, public and private, to be held,
used, or applied for the purposes of the fire service training program
established in RCW 43.63A.320 (as recodified by this act).
Sec.
20. RCW
43.63A.360 and 1986 c 266 s 60 are each amended to read as follows:
The ((department))
Washington state patrol may: (1) Impose and collect fees for fire
service training; and (2) establish and set fee schedules for fire service
training.
Sec.
21. RCW
43.63A.370 and 1986 c 266 s 61 are each amended to read as follows:
The
fire service training account is hereby established in the state treasury. The
((department)) Washington state patrol shall deposit in the
account all fees received by the ((department)) Washington state
patrol for fire service training. Moneys in the account may be
appropriated only for fire service training.
Sec.
22. 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)) chief of the Washington state patrol 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 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.
23. RCW
46.37.467 and 1986 c 266 s 88 are each amended to read as follows:
(1)
Every automobile, truck, motorcycle, motor home, or off-road vehicle that is
fueled by an alternative fuel source shall bear a reflective placard issued by
the national fire protection association indicating that the vehicle is so
fueled. Violation of this subsection is a traffic infraction.
(2) As
used in this section "alternative fuel source" includes propane,
compressed natural gas, liquid petroleum gas, or any chemically similar gas but
does not include gasoline or diesel fuel.
(3) If
a placard for a specific alternative fuel source has not been issued by the
national fire protection association, a placard issued by the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, shall be required. The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall develop rules for the design,
size, and placement of the placard which shall remain effective until a
specific placard is issued by the national fire protection association.
Sec.
24. RCW
48.05.320 and 1986 c 266 s 66 are each amended to read as follows:
(1)
Each authorized insurer shall promptly report to the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, upon forms as prescribed and furnished by him or
her, each fire loss of property in this state reported to it and whether the
loss is due to criminal activity or to undetermined causes.
(2)
Each such insurer shall likewise report to the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, upon claims paid by it for loss or damage by fire
in this state. Copies of all reports required by this section shall be
promptly transmitted to the state insurance commissioner.
Sec.
25. RCW
48.48.030 and 1986 c 266 s 67 are each amended to read as follows:
(1)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection or his or her
authorized deputy, shall have authority at all times of day and night, in the
performance of duties imposed by this chapter, to enter upon and examine any
building or premises where any fire has occurred and other buildings and
premises adjoining or near thereto.
(2)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection or his or her
authorized deputy, shall have authority at any reasonable hour to enter into
any public building or premises or any building or premises used for public
purposes to inspect for fire hazards.
Sec.
26. RCW
48.48.040 and 1986 c 266 s 68 are each amended to read as follows:
(1)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection or his or her
authorized deputy, shall have authority to enter upon all premises and into all
buildings except private dwellings for the purpose of inspection to ascertain
if any fire hazard exists, and to require conformance with minimum standards
for the prevention of fire and for the protection of life and property against
fire and panic as to use of premises, and may adopt by reference nationally
recognized standards applicable to local conditions.
(2)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection or his or her
authorized deputy, may, upon request by the chief fire official or the local
governing body or of taxpayers of such area, assist in the enforcement of any
such code.
Sec.
27. RCW
48.48.050 and 1986 c 266 s 70 are each amended to read as follows:
(1) If
the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection or his or her
authorized deputy, finds in any building or premises subject to their
inspection under this chapter, any combustible material or flammable conditions
or fire hazards dangerous to the safety of the building, premises, or to the
public, he or she shall by written order require such condition to be remedied,
and such order shall forthwith be complied with by the owner or occupant of the
building or premises.
(2) An
owner or occupant aggrieved by any such order made by the ((director of
community development)) chief of the Washington state patrol, through
the director of fire protection or his or her deputy, may appeal such order
pursuant to chapter 34.05 RCW. If the order is confirmed, the order shall
remain in force and be complied with by the owner or occupant.
(3)
Any owner or occupant failing to comply with any such order not appealed from
or with any order so confirmed shall be punishable by a fine of not less than
ten dollars nor more than fifty dollars for each day such failure exists.
Sec.
28. 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)) 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 ((loss)) damage of all fires occurring within his or
her respective jurisdiction.
(2)
The ((director of community development)) 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 ((director of community development)) 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 ((director of community development)) 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 ((director of community development)) 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.
Sec.
29. 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)) chief of the Washington state patrol,
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)) chief
of the Washington state patrol, through the director of fire protection.
The ((director of community development)) chief of the Washington
state patrol, 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)) chief of the Washington
state patrol, through the director of fire protection, shall analyze the
information and data reported, compile a report, and distribute a copy annually
by ((January 31)) May 1st to each chief fire official in the
state. Upon request, the ((director of community development)) chief
of the Washington state patrol, 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 purchase
statistical fire data from a qualified individual or organization. The
information shall meet the diverse needs of state and local fire reporting
agencies and shall be (a) defined in understandable terms of common usage in
the fire community; (b) adaptable to the varying levels of resources available;
(c) maintained in a manner that will foster both technical support and resource
sharing; and (d) designed to meet both short and long-term needs.
Sec.
30. RCW
48.48.070 and 1986 c 266 s 73 are each amended to read as follows:
In the
conduct of any investigation into the cause, origin, or loss resulting from any
fire, the ((director of community development)) chief of the
Washington state patrol and the director of fire protection shall have the
same power and rights relative to securing the attendance of witnesses and the
taking of testimony under oath as is conferred upon the insurance commissioner
under RCW 48.03.070. False swearing by any such witness shall be deemed to be
perjury and shall be subject to punishment as such.
Sec.
31. 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)) chief of the Washington
state patrol, 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.
32. RCW
48.48.090 and 1986 c 266 s 75 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall keep on file all reports of
fires made to him or her pursuant to this code. Such records shall at all
times during business hours be open to public inspection; except, that any
testimony taken in a fire investigation may, in the discretion of the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, be withheld from public scrutiny. The
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, may destroy any such
report after five years from its date.
Sec.
33. RCW
48.48.110 and 1986 c 266 s 76 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall submit annually a report to the
governor of this state. The report shall contain a statement of his or her
official acts pursuant to this chapter.
Sec.
34. RCW
48.48.140 and 1991 c 154 s 1 are each amended to read as follows:
(1)
Smoke detection devices shall be installed inside all dwelling units:
(a)
Occupied by persons other than the owner on and after December 31, 1981; or
(b)
Built or manufactured in this state after December 31, 1980.
(2)
The smoke detection devices shall be designed, manufactured, and installed
inside dwelling units in conformance with:
(a)
Nationally accepted standards; and
(b) As
provided by the administrative procedure act, chapter 34.05 RCW, rules and
regulations promulgated by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection.
(3)
Installation of smoke detection devices shall be the responsibility of the
owner. Maintenance of smoke detection devices, including the replacement of
batteries where required for the proper operation of the smoke detection
device, shall be the responsibility of the tenant, who shall maintain the
device as specified by the manufacturer. At the time of a vacancy, the owner
shall insure that the smoke detection device is operational prior to the
reoccupancy of the dwelling unit.
(4)
Any owner or tenant failing to comply with this section shall be punished by a
fine of not more than two hundred dollars.
(5)
For the purposes of this section:
(a)
"Dwelling unit" means a single unit providing complete, independent
living facilities for one or more persons including permanent provisions for
living, sleeping, eating, cooking, and sanitation; and
(b)
"Smoke detection device" means an assembly incorporating in one unit
a device which detects visible or invisible particles of combustion, the
control equipment, and the alarm-sounding device, operated from a power supply
either in the unit or obtained at the point of installation.
Sec.
35. RCW
48.48.150 and 1986 c 266 s 90 are each amended to read as follows:
(1)
All premises guarded by guard animals, which are animals professionally trained
to defend and protect premises or the occupants of the premises, shall be
registered with the local fire department. Front entrances to residences and
all entrances to business premises shall be posted in a visible location with
signs approved by the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection,
indicating that guard animals are present.
(2) A
fire fighter, who reasonably believes that his or her safety is endangered by
the presence of a guard animal, may without liability: (a) Refuse to enter the
premises, or (b) take any reasonable action necessary to protect himself or
herself from attack by the guard animal.
(3) If
the person responsible for the guard animal being on the premises does not
comply with subsection (1) of this section, that person may be held liable for
any injury to the fire fighter caused by the presence of the guard animal.
Sec.
36. RCW
48.50.020 and 1986 c 266 s 77 are each amended to read as follows:
As
used in this chapter the following terms have the meanings indicated unless the
context clearly requires otherwise.
(1)
"Authorized agency" means a public agency or its official
representative having legal authority to investigate the cause of a fire and to
initiate criminal proceedings or further investigations if the cause was not
accidental, including the following persons and agencies:
(a)
The ((director of community development)) chief of the Washington
state patrol and the director of fire protection;
(b)
The prosecuting attorney of the county where the fire occurred;
(c)
The state attorney general, when engaged in a prosecution which is or may be
connected with the fire;
(d)
The Federal Bureau of Investigation, or any other federal agency; and
(e)
The United States attorney's office when authorized or charged with
investigation or prosecution concerning the fire.
(2)
"Insurer" means any insurer, as defined in RCW 48.01.050, which
insures against loss by fire, and includes insurers under the Washington
F.A.I.R. plan.
(3)
"Relevant information" means information having any tendency to make
the existence of any fact that is of consequence to the investigation or
determination of the cause of any fire more probable or less probable than it
would be without the information.
Sec.
37. RCW
48.50.040 and 1986 c 266 s 91 are each amended to read as follows:
(1)
When an insurer has reason to believe that a fire loss reported to the insurer
may be of other than accidental cause, the insurer shall notify the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, in the manner prescribed under RCW
48.05.320 concerning the circumstances of the fire loss, including any and all
relevant material developed from the insurer's inquiry into the fire loss.
(2)
Notification of the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, under
subsection (1) of this section does not relieve the insurer of the duty to
respond to a request for information from any other authorized agency.
Sec.
38. RCW 48.53.020
and 1986 c 266 s 92 are each amended to read as follows:
(1)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, may designate
certain classes of occupancy within a geographic area or may designate
geographic areas as having an abnormally high incidence of arson. This
designation shall not be a valid reason for cancellation, refusal to issue or
renew, modification, or increasing the premium for any fire insurance policy.
(2) A
fire insurance policy may not be issued to insure any property within a class
of occupancy within a geographic area or within a geographic area designated by
the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, as having an
abnormally high incidence of arson until the applicant has submitted an
anti-arson application and the insurer or the insurer's representative has
inspected the property. The application shall be prescribed by the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, and shall contain but not be limited
to the following:
(a)
The name and address of the prospective insured and any mortgagees or other
parties having an ownership interest in the property to be insured;
(b)
The amount of insurance requested and the method of valuation used to establish
the amount of insurance;
(c)
The dates and selling prices of the property, if any, during the previous three
years;
(d)
Fire losses exceeding one thousand dollars during the previous five years for
property in which the prospective insured held an equity interest or mortgage;
(e)
Current corrective orders pertaining to fire, safety, health, building, or
construction codes that have not been complied with within the time period or
any extension of such time period authorized by the authority issuing such
corrective order applicable to the property to be insured;
(f)
Present or anticipated occupancy of the structure, and whether a certificate of
occupancy has been issued;
(g)
Signature and title, if any, of the person submitting the application.
(3) If
the facts required to be reported by subsection (2) of this section materially
change, the insured shall notify the insurer of any such change within fourteen
days.
(4) An
anti-arson application is not required for: (a) Fire insurance policies
covering one to four-unit owner-occupied residential dwellings; (b) policies
existing as of June 10, 1982; or (c) the renewal of these policies.
(5) An
anti-arson application shall contain a notice stating: "Designation of a
class of occupancy within a geographic area or geographic areas as having an
abnormally high incidence of arson shall not be a valid reason for
cancellation, refusal to issue or renew, modification, or increasing the
premium for any fire insurance policy."
Sec.
39. RCW
48.53.060 and 1986 c 266 s 93 are each amended to read as follows:
Rules
designating geographic areas or classes of occupancy as having an abnormally
high incidence of arson, and any other rules necessary to implement this
chapter shall be adopted by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection,
under chapter 34.05 RCW.
Sec.
40. RCW
70.41.080 and 1986 c 266 s 94 are each amended to read as follows:
Standards
for fire protection and the enforcement thereof, with respect to all hospitals
to be licensed hereunder shall be the responsibility of the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, who shall adopt, after approval by the
department, such recognized standards as may be applicable to hospitals for the
protection of life against the cause and spread of fire and fire hazards. The
department upon receipt of an application for a license, shall submit to the ((state
fire marshal)) director of fire protection in writing, a request for
an inspection, giving the applicant's name and the location of the premises to
be licensed. Upon receipt of such a request, the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, or his or her deputy, shall make an inspection of
the hospital to be licensed, and if it is found that the premises do not comply
with the required safety standards and fire regulations as adopted pursuant to
this chapter, he or she shall promptly make a written report to the hospital
and to the department listing the corrective actions required and the time
allowed for accomplishing such corrections. The applicant or licensee shall
notify the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, upon
completion of any corrections required by him or her, and the ((director of
community development)) chief of the Washington state patrol, through
the director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the hospital to be licensed meets with
the approval of the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, he or
she shall submit to the department a written report approving the hospital with
respect to fire protection, and such report is required before a full license
can be issued. The ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, shall
make or cause to be made inspections of such hospitals at least once a year.
In
cities which have in force a comprehensive building code, the provisions of
which are determined by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, to
be equal to the minimum standards of the code for hospitals adopted by the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, the chief of the fire department,
provided the latter is a paid chief of a paid fire department, shall make the
inspection with the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, or
his or her deputy and they shall jointly approve the premises before a full
license can be issued.
Sec.
41. RCW
70.75.020 and 1986 c 266 s 96 are each amended to read as follows:
The
standardization of existing fire protection equipment in this state shall be
arranged for and carried out by or under the direction of the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection. He or she shall provide the
appliances necessary for carrying on this work, shall proceed with such
standardization as rapidly as possible, and shall require the completion of
such work within a period of five years from June 8, 1967: PROVIDED, That the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, may exempt special purpose
fire equipment and existing fire protection equipment from standardization when
it is established that such equipment is not essential to the coordination of
public fire protection operations.
Sec.
42. RCW
70.75.030 and 1986 c 266 s 97 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall notify industrial establishments
and property owners having equipment, which may be necessary for fire
department use in protecting the property or putting out fire, of any changes
necessary to bring their equipment up to the requirements of the standard
established by RCW 70.75.020, and shall render such assistance as may be
available for converting substandard equipment to meet standard specifications
and requirements.
Sec.
43. RCW
70.75.040 and 1986 c 266 s 98 are each amended to read as follows:
Any
person who, without approval of the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection, sells or offers for sale in Washington any fire hose, fire engine
or other equipment for fire protection purposes which is fitted or equipped
with other than the standard thread is guilty of a misdemeanor: PROVIDED, That
fire equipment for special purposes, research, programs, forest fire fighting,
or special features of fire protection equipment found appropriate for
uniformity within a particular protection area may be specifically exempted
from this requirement by order of the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection.
Sec.
44. RCW
70.77.170 and 1986 c 266 s 99 are each amended to read as follows:
"License"
means a nontransferable formal authorization which the ((director of
community development)) chief of the Washington state patrol and the
director of fire protection are permitted to issue under this chapter to engage
in the act specifically designated therein.
Sec.
45. RCW
70.77.250 and 1986 c 266 s 100 are each amended to read as follows:
(1)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, shall enforce and
administer this chapter.
(2)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, shall appoint such
deputies and employees as may be necessary and required to carry out the
provisions of this chapter.
(3)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, may prescribe such
rules relating to fireworks as may be necessary for the protection of life and
property and for the implementation of this chapter.
(4)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, shall prescribe such
rules as may be necessary to ensure state-wide minimum standards for the
enforcement of this chapter. Counties, cities, and towns shall comply with
such state rules. Any local rules adopted by local authorities that are more
restrictive than state law as to the types of fireworks that may be sold shall
have an effective date no sooner than one year after their adoption.
(5)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, may exercise the
necessary police powers to enforce the criminal provisions of this chapter.
This grant of police powers does not prevent any other state agency or local
government agency having general law enforcement powers from enforcing this
chapter within the jurisdiction of the agency or local government.
Sec.
46. RCW
70.77.305 and 1986 c 266 s 101 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, has the power to issue licenses for
the manufacture, importation, sale, and use of all fireworks in this state. A
person may be licensed as a manufacturer, importer, or wholesaler under this
chapter only if the person has a designated agent in this state who is
registered with the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection.
Sec.
47. RCW
70.77.315 and 1986 c 266 s 102 are each amended to read as follows:
Any
person who desires to engage in the manufacture, importation, sale, or use of
fireworks shall make a written application to the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, on forms provided by him or her. Such application
shall be accompanied by the annual license fee as prescribed in this chapter.
Sec.
48. RCW
70.77.330 and 1986 c 266 s 104 are each amended to read as follows:
If the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, finds that the granting of
such license would not be contrary to public safety or welfare, he or she shall
issue a license authorizing the applicant to engage in the particular act or
acts upon the payment of the license fee specified in this chapter. Licensees
may transport the class of fireworks for which they hold a valid license.
Sec.
49. RCW
70.77.360 and 1986 c 266 s 106 are each amended to read as follows:
If the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, finds that an application
for any license under this chapter contains a material misrepresentation or
that the granting of any license would be contrary to the public safety or
welfare, the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, may deny
the application for the license.
Sec.
50. RCW
70.77.365 and 1986 c 266 s 107 are each amended to read as follows:
A
written report by the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, or a
local fire official, or any of their authorized representatives, disclosing
that the applicant for a license, or the premises for which a license is to
apply, do not meet the qualifications or conditions for a license constitutes
grounds for the denial by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, of
any application for a license.
Sec.
51. RCW
70.77.375 and 1986 c 266 s 108 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, upon reasonable opportunity to be
heard, shall revoke any license issued pursuant to this chapter, if he or she
finds that:
(1)
The licensee has violated any provisions of this chapter or any rule or
regulations made by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection,
under and with the authority of this chapter;
(2)
The licensee has created or caused a fire nuisance;
(3)
Any licensee has failed or refused to file any required reports; or
(4)
Any fact or condition exists which, if it had existed at the time of the
original application for such license, reasonably would have warranted the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, in refusing originally to issue such
license.
Sec.
52. RCW
70.77.415 and 1986 c 266 s 109 are each amended to read as follows:
Every
public display of fireworks shall be handled or supervised by a pyrotechnic operator
licensed by the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, under RCW
70.77.255.
Sec.
53. RCW
70.77.430 and 1986 c 266 s 110 are each amended to read as follows:
Notwithstanding
RCW 70.77.255, following the revocation or expiration of a license, a licensee
in lawful possession of a lawfully acquired stock of fireworks may sell such
fireworks, but only under supervision of the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection. Any sale under this section shall be solely to
persons who are authorized to buy, possess, sell, or use such fireworks.
Sec.
54. RCW
70.77.455 and 1986 c 266 s 114 are each amended to read as follows:
All
licensees shall maintain and make available to the ((director of community
development)) chief of the Washington state patrol, through the
director of fire protection, full and complete records showing all production,
imports, exports, purchases, sales, and consumption of fireworks items by kind
and class.
Sec.
55. RCW
70.77.460 and 1986 c 266 s 115 are each amended to read as follows:
When
reports on fireworks transactions or the payments of license fees or penalties
are required to be made on or by specified dates, they shall be deemed to have
been made at the time they are filed with or paid to the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, or, if sent by mail, on the date shown
by the United States postmark on the envelope containing the report or payment.
Sec.
56. RCW
70.77.465 and 1986 c 266 s 116 are each amended to read as follows:
In
addition to any other reports required under this chapter, the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, may, by rule or otherwise, require
additional, other, or supplemental reports from licensees and other persons and
prescribe the form, including verification, of the information to be given when
filing such additional, other or supplemental reports.
Sec.
57. RCW
70.77.575 and 1986 c 266 s 117 are each amended to read as follows:
(1)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, shall adopt by rule
a list of the fireworks that may be sold to the public in this state pursuant
to this chapter. The ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, shall
file the list by October 1st of each year with the code reviser for
publication, unless the previously published list has remained current.
(2)
The ((director of community development)) chief of the Washington
state patrol, through the director of fire protection, shall provide the
list adopted under subsection (1) of this section by November 1st of each year
to all manufacturers, wholesalers, and importers licensed under this chapter,
unless the previously distributed list has remained current.
Sec.
58. RCW
70.77.580 and 1986 c 266 s 118 are each amended to read as follows:
Retailers
required to be licensed under this chapter shall post prominently at each
retail outlet a list of the fireworks that may be sold to the public in this
state pursuant to this chapter. The posted list shall be in a form approved by
the ((director of community development)) chief of the Washington
state patrol, through the director of fire protection. The ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, shall make available the list.
Sec.
59. RCW
70.108.040 and 1986 c 266 s 120 are each amended to read as follows:
Application
for an outdoor music festival permit shall be in writing and filed with the
clerk of the issuing authority wherein the festival is to be held. Said
application shall be filed not less than ninety days prior to the first
scheduled day of the festival and shall be accompanied with a permit fee in the
amount of two thousand five hundred dollars. Said application shall include:
(1)
The name of the person or other legal entity on behalf of whom said application
is made: PROVIDED, That a natural person applying for such permit shall be
eighteen years of age or older;
(2) A
financial statement of the applicant;
(3)
The nature of the business organization of the applicant;
(4)
Names and addresses of all individuals or other entities having a ten percent
or more proprietary interest in the festival;
(5)
The principal place of business of applicant;
(6) A
legal description of the land to be occupied, the name and address of the owner
thereof, together with a document showing the consent of said owner to the
issuance of a permit, if the land be owned by a person other than the
applicant;
(7)
The scheduled performances and program;
(8)
Written confirmation from the local health officer that he or she has reviewed
and approved plans for site and development in accordance with rules,
regulations and standards adopted by the state board of health. Such rules and
regulations shall include criteria as to the following and such other matters
as the state board of health deems necessary to protect the public's health:
(a)
Submission of plans
(b)
Site
(c)
Water supply
(d)
Sewage disposal
(e)
Food preparation facilities
(f)
Toilet facilities
(g)
Solid waste
(h)
Insect and rodent control
(i)
Shelter
(j)
Dust control
(k)
Lighting
(l)
Emergency medical facilities
(m)
Emergency air evacuation
(n)
Attendant physicians
(o)
Communication systems
(9) A
written confirmation from the appropriate law enforcement agency from the area
where the outdoor music festival is to take place, showing that traffic control
and crowd protection policing have been contracted for or otherwise provided by
the applicant meeting the following conditions:
(a)
One person for each two hundred persons reasonably expected to be in attendance
at any time during the event for purposes of traffic and crowd control.
(b)
The names and addresses of all traffic and crowd control personnel shall be provided
to the appropriate law enforcement authority: PROVIDED, That not less than
twenty percent of the traffic and crowd control personnel shall be commissioned
police officers or deputy sheriffs: PROVIDED FURTHER, That on and after
February 25, 1972 any commissioned police officer or deputy sheriff who is
employed and compensated by the promoter of an outdoor music festival shall not
be eligible and shall not receive any benefits whatsoever from any public
pension or disability plan of which he or she is a member for the time he is so
employed or for any injuries received during the course of such employment.
(c)
During the hours that the festival site shall be open to the public there shall
be at least one regularly commissioned police officer employed by the
jurisdiction wherein the festival site is located for every one thousand
persons in attendance and said officer shall be on duty within the confines of
the actual outdoor music festival site.
(d)
All law enforcement personnel shall be charged with enforcing the provisions of
this chapter and all existing statutes, ordinances and regulations.
(10) A
written confirmation from the appropriate law enforcement authority that
sufficient access roads are available for ingress and egress to the parking areas
of the outdoor music festival site and that parking areas are available on the
actual site of the festival or immediately adjacent thereto which are capable
of accommodating one auto for every four persons in estimated attendance at the
outdoor music festival site.
(11) A
written confirmation from the department of natural resources, where
applicable, and the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, that
all fire prevention requirements have been complied with.
(12) A
written statement of the applicant that all state and local law enforcement
officers, fire control officers and other necessary governmental personnel
shall have free access to the site of the outdoor music festival.
(13) A
statement that the applicant will abide by the provisions of this chapter.
(14)
The verification of the applicant warranting the truth of the matters set forth
in the application to the best of the applicant's knowledge, under the penalty
of perjury.
Sec.
60. RCW
70.160.060 and 1986 c 266 s 121 are each amended to read as follows:
This
chapter is not intended to regulate smoking in a private enclosed workplace,
within a public place, even though such workplace may be visited by nonsmokers,
excepting places in which smoking is prohibited by the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, or by other law, ordinance, or
regulation.
Sec.
61. RCW
71.12.485 and 1989 1st ex.s. c 9 s 228 are each amended to read as follows:
Standards
for fire protection and the enforcement thereof, with respect to all
establishments to be licensed hereunder, shall be the responsibility of the ((director
of community development)) chief of the Washington state patrol,
through the director of fire protection, who shall adopt such recognized
standards as may be applicable to such establishments for the protection of
life against the cause and spread of fire and fire hazards. The department of
health, upon receipt of an application for a license, or renewal of a license,
shall submit to the ((director of community development)) chief of
the Washington state patrol, through the director of fire protection, in
writing, a request for an inspection, giving the applicant's name and the
location of the premises to be licensed. Upon receipt of such a request, the
((director of community development)) chief of the Washington state
patrol, through the director of fire protection, or his or her deputy shall
make an inspection of the establishment to be licensed, and if it is found that
the premises do not comply with the required safety standards and fire
regulations as promulgated by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, he
or she shall promptly make a written report to the establishment and the
department of health as to the manner and time allowed in which the premises must
qualify for a license and set forth the conditions to be remedied with respect
to fire regulations. The department of health, applicant or licensee shall
notify the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, upon
completion of any requirements made by him or her, and the ((state fire
marshal)) director of fire protection or his or her deputy shall
make a reinspection of such premises. Whenever the establishment to be
licensed meets with the approval of the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection, he or she shall submit to the department of health a written report
approving same with respect to fire protection before a full license can be
issued. The ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, shall
make or cause to be made inspections of such establishments at least annually.
The department of health shall not license or continue the license of any
establishment unless and until it shall be approved by the ((director of
community development)) chief of the Washington state patrol,
through the director of fire protection, as herein provided.
In
cities which have in force a comprehensive building code, the provisions of
which are determined by the ((director of community development)) chief
of the Washington state patrol, through the director of fire protection, to
be equal to the minimum standards of the ((director of community development))
chief of the Washington state patrol, through the director of fire
protection, for such establishments, the chief of the fire department, provided
the latter is a paid chief of a paid fire department, shall make the inspection
with the ((director of community development)) chief of the
Washington state patrol, through the director of fire protection, or his or
her deputy, and they shall jointly approve the premises before a full license
can be issued.
Sec.
62. RCW
74.15.050 and 1986 c 266 s 123 are each amended to read as follows:
The ((director
of community development)) chief of the Washington state patrol, through
the director of fire protection, shall have the power and it shall be his or
her duty:
(1) In
consultation with the children's services advisory committee and with the
advice and assistance of persons representative of the various type agencies to
be licensed, to adopt recognized minimum standard requirements pertaining to
each category of agency established pursuant to chapter 74.15 RCW and RCW
74.13.031, except foster-family homes and child-placing agencies, necessary to
protect all persons residing therein from fire hazards;
(2) To
make or cause to be made such inspections and investigations of agencies, other
than foster-family homes or child-placing agencies, as he or she deems
necessary;
(3) To
make a periodic review of requirements under RCW 74.15.030(((6))) (7)
and to adopt necessary changes after consultation as required in subsection (1)
of this section;
(4) To
issue to applicants for licenses hereunder, other than foster-family homes or
child-placing agencies, who comply with the requirements, a certificate of
compliance, a copy of which shall be presented to the department of social and
health services before a license shall be issued, except that a provisional
license may be issued as provided in RCW 74.15.120.
Sec.
63. RCW
74.15.080 and 1989 1st ex.s. c 9 s 266 are each amended to read as follows:
All
agencies subject to chapter 74.15 RCW and RCW 74.13.031 shall accord the
department of social and health services, the secretary of health, the ((director
of community development)) chief of the Washington state patrol, and
the director of fire protection, or their designees, the right of entrance and
the privilege of access to and inspection of records for the purpose of
determining whether or not there is compliance with the provisions of chapter
74.15 RCW and RCW 74.13.031 and the requirements adopted thereunder.
NEW
SECTION. Sec. 64. 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 Washington
state patrol.
(b)
The chief of the Washington state patrol 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 chief of the
Washington state patrol in developing and maintaining the arson investigation
information system. The confidentiality provisions of that chapter shall be
fully enforced.
Sec.
65. 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. 66. 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
committees of the senate and the house of representatives on or before December
31, 1995.
NEW
SECTION. Sec. 67. 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 committees of the senate and the house of representatives on or
before December 31, 1995.
NEW
SECTION. Sec. 68. The state
fire protection policy board, with the cooperation and assistance of 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 committees of the senate and the house of representatives
on or before December 31, 1995.
NEW
SECTION. Sec. 69. The
following sections are each recodified as new sections in chapter 43.43 RCW:
RCW
43.63A.300
RCW
43.63A.310
RCW
43.63A.320
RCW
43.63A.330
RCW
43.63A.340
RCW
43.63A.350
RCW
43.63A.360
RCW
43.63A.370
RCW
43.63A.375
RCW
43.63A.377
RCW
43.63A.380.
NEW
SECTION. Sec. 70. This act
does not apply to forest fire service personnel and programs.
NEW
SECTION. Sec. 71. RCW
48.48.120 and 1947 c 79 s .33.12 are each repealed.
NEW
SECTION. Sec. 72. 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 July 1, 1995.
