BILL REQ. #:  H-4968.1 

READ FIRST TIME 02/03/10.   

     AN ACT Relating to firefighting services on areas outside a fire protection jurisdiction; and adding a new chapter to Title 52 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature acknowledges that many individuals living on improved property outside a fire protection jurisdiction lack fire protection services. Accordingly, it is the intent of the legislature to facilitate the provision of firefighting services, to the maximum extent practicable, to areas outside a fire protection jurisdiction by: (1) Coordinating firefighting services among the various fire protection service agencies throughout the state; (2) enabling cost recovery by fire protection service agencies; and (3) clarifying that a fire protection service agency faces no greater legal liability for providing firefighting services in areas outside its jurisdictional boundaries than it would for providing services within such boundaries.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of natural resources.
     (2) "Fire protection jurisdiction" means an area or property located within a fire protection district, a regional fire protection service authority, a city, a town, a port district, lands subject to the jurisdiction of the department, or on federal lands.
     (3) "Fire protection service agency" or "agency" means any governmental entity responsible for the provision of firefighting services, including fire protection districts, regional fire protection service authorities, cities, towns, port districts, and the department.
     (4) "Firefighting services" means the provision of fire prevention services, fire suppression services, emergency medical services, and other services related to the protection of life and property.
     (5) "Improved property" means property upon which a structure is located, but does not include roads, bridges, land devoted primarily to growing and harvesting timber, or land devoted primarily to the production of livestock or agricultural commodities for commercial purposes.
     (6) "Property" means land, structures, or land and structures.
     (7) "Unimproved property" has the same meaning as "unimproved lands" as in RCW 76.04.005(17).
     (8) "Unprotected land" means improved property located outside a fire protection jurisdiction.

NEW SECTION.  Sec. 3   (1) In order to facilitate the provision of firefighting services to unprotected lands, property owners are encouraged to either form a fire protection district or enter into an agreement with a fire protection service agency for the provision of firefighting services on such unprotected lands. Any agreement between a property owner and a fire protection service agency must include a risk assessment of the property as well as a capabilities assessment for the agency.
     (2) An owner of property within unprotected land, who chooses to neither form a fire protection district nor enter into an agreement with a fire protection service agency for the provision of firefighting services, is presumed to do so willingly and with full knowledge that no agency is obligated to provide firefighting services to such land.

NEW SECTION.  Sec. 4   (1) In the absence of an agreement for the provision of firefighting services between a fire protection service agency and the owner of property on unprotected land, an agency may nevertheless choose to provide firefighting services to property located on such unprotected land.
     (2) If a fire protection service agency or its employees provide firefighting services outside of its jurisdictional boundaries, neither the agency nor its employees are liable for civil damages resulting from any act or omission in the rendering of such services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
     (3) In the absence of an agreement with the owner of property on unprotected land, a fire protection service agency is not liable for failing to provide firefighting services to such unprotected land.

NEW SECTION.  Sec. 5   If, in the absence of an agreement with an owner of property on unprotected land, firefighting services are nevertheless provided to such land by a fire protection service agency, the responding agency is entitled to recover reasonable costs incurred in rendering such services. Such cost recovery is to be based upon a standardized fee schedule designed to reimburse the service provider.

NEW SECTION.  Sec. 6   (1) The provision of any firefighting services to improved property on unprotected land by the department must be in accordance with the provisions of chapter 76.04 RCW and the provisions of this chapter.
     (2) The department is not required to provide firefighting services to buildings, structures, or other improvements on improved property within unprotected lands.
     (3) The department has discretionary authority to take actions that may prevent approaching wildfire from damaging homes or other improvements.
     (4) The department may adopt rules necessary to implement this section.

NEW SECTION.  Sec. 7   The provisions of this chapter do not apply to tribal trust lands located in this state.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 52 RCW.