CERTIFICATION OF ENROLLMENT

 

             ENGROSSED SUBSTITUTE SENATE BILL 5093

 

                   Chapter 369, Laws of 1995

 

                         (partial veto)

 

                        54th Legislature

                      1995 Regular Session

 

 

        FIRE PROTECTION DUTIES‑-TRANSFER TO STATE PATROL

 

 

                    EFFECTIVE DATE:  7/1/95

Passed by the Senate March 8, 1995

  YEAS 46   NAYS 1

 

 

 

JOEL PRITCHARD

President of the Senate

 

Passed by the House April 5, 1995

  YEAS 96   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5093 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

  CLYDE BALLARD

Speaker of the

      House of Representatives

MARTY BROWN

                            Secretary

 

 

Approved May 16, 1995, with the exception of sections 11 and 12, which are vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

            May 16, 1995 - 11:19 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE SENATE BILL 5093

          _______________________________________________

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Winsley, Rasmussen and Drew)

 

Read first time 02/08/95.

 

Changing provisions relating to fire protection.



    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.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *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. 11 was vetoed.  See message at end of chapter.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *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. 12 was vetoed.  See message at end of chapter.

 

    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.


    Passed the Senate March 8, 1995.

    Passed the House April 5, 1995.

Approved by the Governor May 16, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State May 16, 1995.


 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 11 and 12, Engrossed Substitute Senate Bill No. 5093 entitled:

 

"AN ACT Relating to fire protection;"

 

    Section 11 of Engrossed Substitute Senate Bill No. 5093 establishes the Chief of the State Patrol as responsible for declaring fire mobilizations under the Washington Fire Mobilization Plan (plan).  As stated in the plan, this action is the responsibility of the state emergency management program.

 

    Because the emergency management program has responsibility for compensating local jurisdictions under the plan and because the existing policy regarding the mobilization decision was developed after extensive discussion with representatives of affected fire and emergency management organizations, I believe that the state emergency management program should maintain control of the decision to mobilize fire resources.  I expect that the emergency management program and the fire services program will continue to work together, following a mobilization decision, to ensure that resources are used in an effective and coordinated manner.  Section 12 references the Chief of the State Patrol exercising mobilization authority and is, therefore, properly vetoed as a result of my action on section 11.

 

    For these reasons, I have vetoed sections 11 and 12 of Engrossed Substitute Senate Bill No. 5093.

 

    With the exception of sections 11 and 12, Engrossed Substitute Senate Bill No. 5093 is approved."