_______________________________________________
ENGROSSED
SENATE BILL 5768
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 02/12/93. Referred to Committee on Law & Justice.
Providing for inspection services at an emergency scene upon the request
of a public official.
AN ACT Relating to architectural and
engineering inspection services at an emergency scene; amending RCW 38.52.010;
and adding a new section to chapter 38.52 RCW.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 38.52.010 and 1986 c 266 s 23 are each amended to read as follows:
As used in this chapter:
(1) "Emergency management" or
"comprehensive emergency management" means the preparation for and
the carrying out of all emergency functions, other than functions for which the
military forces are primarily responsible, to mitigate, prepare for, respond
to, and recover from emergencies and disasters, and to aid victims suffering
from injury or damage, resulting from disasters caused by all hazards, whether
natural or man-made, and to provide support for search and rescue operations
for persons and property in distress. However, "emergency management"
or "comprehensive emergency management" does not mean preparation for
emergency evacuation or relocation of residents in anticipation of nuclear
attack.
(2) "Local organization for emergency
services or management" means an organization created in accordance with
the provisions of this chapter by state or local authority to perform local
emergency management functions.
(3) "Political subdivision" means any
county, city or town.
(4) "Emergency worker" means any
person, including but not limited to an architect registered under chapter
18.08 RCW or a professional engineer registered under chapter 18.43 RCW,
who is registered with a local emergency management organization or the
department of community development and holds an identification card issued by
the local emergency management director or the department of community
development for the purpose of engaging in authorized emergency management
activities or is an employee of the state of Washington or any political
subdivision thereof who is called upon to perform emergency management
activities.
(5) "Injury" as used in this chapter
shall mean and include accidental injuries and/or occupational diseases arising
out of emergency management activities.
(6) "Emergency or disaster" as used
in this chapter shall mean an event or set of circumstances which: (a) Demands
immediate action to preserve public health, protect life, protect public
property, or to provide relief to any stricken community overtaken by such
occurrences, or (b) reaches such a dimension or degree of destructiveness as to
warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
(7) "Search and rescue" means the
acts of searching for, rescuing, or recovering by means of ground, marine, or
air activity any person who becomes lost, injured, or is killed while outdoors
or as a result of a natural or man-made disaster, including instances involving
searches for downed aircraft when ground personnel are used. Nothing in this
section shall affect appropriate activity by the department of transportation
under chapter 47.68 RCW.
(8) "Executive head" and
"executive heads" means the county executive in those charter
counties with an elective office of county executive, however designated, and,
in the case of other counties, the county legislative authority. In the case
of cities and towns, it means the mayor.
(9) "Director" means the director of
community development.
(10) "Local director" means the
director of a local organization of emergency management or emergency services.
(11) "Department" means the
department of community development.
NEW SECTION. Sec. 2. A
new section is added to chapter 38.52 RCW to read as follows:
For purposes of the liability of an architect
or engineer serving as a volunteer emergency worker, the exemption from
liability provided under RCW 38.52.195 extends to all damages, so long as the
conditions specified in RCW 38.52.195 (1) through (5) occur.
