BILL REQ. #:  S-3881.1 

Read first time 01/14/10.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to property access during forest fires; amending RCW 76.04.600, 76.04.016, and 47.48.040; adding a new section to chapter 47.48 RCW; and repealing RCW 36.28A.140 and 47.48.060.

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

Sec. 1   RCW 76.04.600 and 1986 c 100 s 34 are each amended to read as follows:
     (1) Every owner of forest land in the state of Washington shall furnish or provide, during the season of the year when there is danger of forest fires, adequate protection against the spread of fire thereon or therefrom which shall meet with the approval of the department.
     (2)(a) Residents, landowners, and others in lawful possession and control of land in the state have the right to access their residences, forest land, and land not classified as forest land during a forest fire or wildfire. Specifically, residents, landowners, and others in lawful possession and control of land have the right to access their residences and land in order to: (i) Conduct fire prevention or suppression activities; (ii) protect or retrieve any property located in their residences or on their land, including equipment, livestock, or any other belongings; or (iii) undertake activities under both (a)(i) and (ii) of this subsection.
     (b) To the maximum extent practicable, the department shall allow and facilitate access to residences and land as set forth in (a) of this subsection.

Sec. 2   RCW 76.04.016 and 1993 c 196 s 1 are each amended to read as follows:
     (1) The department when acting, in good faith, in its statutory capacity as a fire prevention and suppression agency, is carrying out duties owed to the public in general and not to any individual person or class of persons separate and apart from the public. Nothing contained in this title, including but not limited to any provision dealing with payment or collection of forest protection or fire suppression assessments, may be construed to evidence a legislative intent that the duty to prevent and suppress forest fires is owed to any individual person or class of persons separate and apart from the public in general. This section does not alter the department's duties and responsibilities as a landowner.
     (2) The department and its employees and agents are not liable for any action, or failure to act, under RCW 76.04.600(2).

NEW SECTION.  Sec. 3   A new section is added to chapter 47.48 RCW to read as follows:
     (1) During the closure of any state highway, county road, or city street under this chapter due to forest fire or wildfire, those state agencies and local governments authorizing or implementing the closure shall, to the maximum extent practicable, allow and facilitate access to residences and land as set forth in RCW 76.04.600(2).
     (2) State agencies, counties, and cities, and their employees and agents, are not liable for any action, or failure to act, under subsection (1) of this section.
     (3) Residents, landowners, and other in lawful possession and control of land in the state are not liable for unintentional injuries or loss suffered by persons entering upon, or passing through, their land pursuant to subsection (1) of this section.

Sec. 4   RCW 47.48.040 and 2007 c 252 s 3 are each amended to read as follows:
     Except as provided under ((RCW 47.48.060)) section 3 of this act, when any state highway, county road, or city street or portion thereof shall have been closed, or when the maximum speed limit thereon shall have been reduced, for all vehicles or any class of vehicles, as by law provided, any person, firm, or corporation disregarding such closing or reduced speed limit shall be guilty of a misdemeanor, and shall in addition to any penalty for violation of the provisions of this section, be liable in any civil action instituted in the name of the state of Washington or the county or city or town having jurisdiction for any damages occasioned to such state highway, county road, or city street, as the case may be, as the result of disregarding such closing or reduced speed limit.

NEW SECTION.  Sec. 5   The following acts or parts of acts are each repealed:
     (1) RCW 36.28A.140 (Development of model policy to address property access during forest fires and wildfires) and 2007 c 252 s 1; and
     (2) RCW 47.48.060 (Registry of persons allowed access to property to conduct fire prevention despite closures -- Liability) and 2007 c 252 s 2.