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SENATE BILL 6403
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AS AMENDED BY THE HOUSE
Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996 Regular
Session
By
Read first time 01/15/96. Referred to Committee
on Government Operations.
Revising the responsibility for fire
investigation.
AN ACT Relating to fire
investigation; and amending RCW 48.48.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 48.48.060 and 1995 c
369 s 28 are each amended to read as follows:
(((1) The chief of
each organized fire department, the sheriff or other designated county
official, and the designated city or town official shall investigate the cause
and origin, and document extent of damage of all fires occurring within their
respective jurisdictions, as determined by this subsection, and shall forthwith
notify the chief of the Washington state patrol, through the director of fire
protection, of all fires of criminal, suspected, or undetermined cause
occurring within their respective jurisdictions. The county fire marshal shall
also be notified of and investigate all such fires occurring in unincorporated
areas of the county. Fire departments shall have the responsibility imposed by
this subsection for areas within their jurisdictions. Sheriffs or other
designated county officials shall have responsibility imposed by this
subsection for county areas not within the jurisdiction of a fire department,
unless such areas are within the boundaries of a city or town, in which case
the designated city or town official shall have the responsibility imposed by
this subsection. For the purposes of this subsection, county officials shall
be designated by the county legislative authority, and city or town officials
shall be designated by the appropriate city or town legislative or executive
authority. In addition to the responsibility imposed by this subsection, any
sheriff or chief of police may assist in the investigation of the cause and
origin, and document extent of damage of all fires occurring within his or her
respective jurisdiction.)) (1) The responsibility for investigating the
origin, cause, circumstances, and extent of loss of all fires shall be assigned
as follows:
(a) Within any city
or town, the chief of the fire department;
(b) Within
unincorporated areas of a county, the county fire marshal, or other fire
official so designated by the county legislative authority.
(2) No fire marshal,
or other person, may enter the scene of an emergency until permitted by the
officer in charge of the emergency incident.
(3) Nothing shall
prevent any city, town, county, or fire protection district, or any combination
thereof, from entering into interlocal agreements to meet the responsibility
required by this section.
(4) When any fire
investigation indicates that the cause of the fire is determined to be
suspicious or criminal in nature, the person responsible for the fire
investigation shall immediately report the results of said investigation to the
local law enforcement agency and the chief of the Washington state patrol,
through the state fire marshal.
(5) In addition to
the responsibility imposed by this section, any law enforcement agency,
sheriff, or chief of police may assist in the investigation of the origin,
cause, circumstances, and extent of loss of all fires within his or her
respective jurisdiction.
(((2)))
(6) The chief of the Washington state patrol, through the director of
fire protection or his or her deputy, may investigate any fire for the purpose
of determining its cause, origin, and the extent of the loss. The chief of the
Washington state patrol, through the director of fire protection or his or her
deputy, shall assist in the investigation of those fires of criminal,
suspected, or undetermined cause when requested by the reporting agency. In
the investigation of any fire of criminal, suspected, or undetermined cause,
the chief of the Washington state patrol and the director of fire protection or
his or her deputy, are vested with police powers to enforce the laws of this
state. To exercise these powers, authorized deputies must receive prior
written authorization from the chief of the Washington state patrol, through
the director of fire protection, and shall have completed a course of training
prescribed by the Washington state criminal justice training commission.
