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.
