SSB 5638 -
By Committee on Local Government & Housing
NOT CONSIDERED 04/26/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 52.12.031 and 1995 c 369 s 65 are each amended to
read as follows:
(1) Any fire protection district organized under this title may:
(((1))) (a) 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))) (b) 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))) (c) 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))) (d) 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))) (e) Enter into contracts to provide group life insurance
for the benefit of the personnel of the fire districts;
(((6))) (f) 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))) (g) 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)) 43.44.050;
(((8))) (h) Perform acts consistent with this title and not
otherwise prohibited by law.
(2)(a) Any contract for fire protection and/or emergency medical
services between a fire protection district and (i) a government entity
under RCW 52.30.020; (ii) a private person; or (iii) a commercial
entity must provide for adequate compensation.
(b) The adequate compensation requirement in (a) of this subsection
does not apply to: Agreements existing on the effective date of this
section; mutual aid agreements entered into by fire protection
districts; agreements between fire protection districts and the
department of natural resources; schools; libraries; or where the
compensation requirements of the agreement are defined elsewhere in
statute.
(c) "Adequate compensation" means the person or entity receiving
the services must pay the same amount that would be collected by the
fire district if the property was subject to the fire district levy.
(3) A fire protection district may not provide fire service
protection or emergency medical services to any government entity or
private person or commercial entity outside of their fire district
without the express consent of the fire district, if any, in which the
property is located."
Correct the title.