S‑0363.2   _____________________________________________

SENATE BILL 5019

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Jacobsen and Patterson

Read first time 01/08/2001.  Referred to Committee on Natural Resources, Parks & Shorelines.

_1      AN ACT Relating to controlling wildfires through emergency

_2  restrictions on outdoor burning; adding a new section to chapter

_3  48.48 RCW; and prescribing penalties.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  A new section is added to chapter 48.48

_6  RCW to read as follows:

_7      (1) Whenever the director of fire protection finds that

_8  conditions of extreme fire hazard exist and that state resources

_9  or the protection of life and property may be in danger, the

10  director of fire protection may recommend to the governor that the

11  governor forbid outdoor burning on public and private land

12  throughout the state or within specific portions of the state.

13      (2) Prior to making such a recommendation to the governor, the

14  director of fire protection must consult with:

15      (a) The commissioner of public lands;

16      (b) The director of the department of ecology;

17      (c) The director of the department of agriculture; and

18      (d) The director of the state parks and recreation commission.

                               p. 1                       SB 5019

_1      (3) Upon receiving such a recommendation from the director of

_2  fire protection, and if the governor finds that state resources or

_3  the protection of life and property are in danger, then the

_4  governor may issue an executive order forbidding outdoor burning

_5  throughout the state or within specific portions of the state.  The

_6  order is effective until rescinded by the governor. The order may

_7  allow for specific exceptions to be made where the governor

_8  determines that certain outdoor burning will not unduly endanger

_9  state resources nor the protection of life and property, and

10  subject to limitations and conditions as recommended by the

11  director of fire protection.

12      (4) It is unlawful for any person to conduct or cause to be

13  conducted outdoor burning at any time and place that is forbidden

14  by an executive order issued under subsection (3) of this

15  section.  An intentional violation of this section is a gross

16  misdemeanor.  A knowing violation of this section is a class 1 civil

17  infraction under chapter 7.80 RCW.  For the purposes of this

18  subsection, the terms "intentional violation" and "knowing

19  violation" have the same meaning as defined in RCW 9A.08.010.

20      (5) In addition to the penalty provided in subsection (4) of

21  this section, any injured party may bring a civil cause of action

22  in superior court for a violation of an executive order issued

23  under subsection (3) of this section.  A person may be liable under

24  such an action for actual damages and reasonable attorneys' fees,

25  court costs, and investigative costs incurred in bringing the

26  action.

27      (6) For the purposes of this section, "outdoor burning" means

28  the combustion of material of any type in an open fire or in an

29  outdoor container.

30      (7) The chief of the Washington state patrol, through the

31  director of fire protection, may adopt rules necessary to

32  implement this section.

33      (8) The provisions of this section may be enforced by any

34  general or limited authority Washington peace officer, as those

35  terms are defined in RCW 10.93.020, and by a district, city,

36  county, or state fire authority.

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