CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1756

Chapter 376, Laws of 2005

59th Legislature
2005 Regular Session



FIRE DEPARTMENTS



EFFECTIVE DATE: 7/24/05

Passed by the House April 19, 2005
  Yeas 96   Nays 2

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 15, 2005
  Yeas 36   Nays 10


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1756 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved May 10, 2005.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 10, 2005 - 9:53 a.m.







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1756
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives P. Sullivan, B. Sullivan, Miloscia, Simpson, Nixon, Curtis, Conway and Wood)

READ FIRST TIME 03/07/05.   



     AN ACT Relating to the occupational safety and health of fire department employees; adding a new chapter to Title 35 RCW; adding a new chapter to Title 35A RCW; adding a new chapter to Title 52 RCW; adding a new chapter to Title 53 RCW; and creating a new section.

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

PART I - CITY FIRE DEPARTMENTS

NEW SECTION.  Sec. 101   The legislature intends for city fire departments to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of cities and towns to set levels of service.

NEW SECTION.  Sec. 102   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
     (2) "Aircraft rescue and fire fighting" means the fire fighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
     (3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
     (4) "City" means a first class city or a second class city that provides fire protection services in a specified geographic area.
     (5) "Fire department" means a city or town fire department responsible for fire fighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
     (6) "Fire suppression" means the activities involved in controlling and extinguishing fires.
     (7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
     (8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
     (9) "Marine rescue and fire fighting" means the fire fighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
     (10) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
     (11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
     (12) "Town" means a town that provides fire protection services, which may include fire fighting actions, emergency medical services, and other special operations, in a specified geographic area.
     (13) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.

NEW SECTION.  Sec. 103   (1) Every city and town shall maintain a written statement or policy that establishes the following:
     (a) The existence of a fire department;
     (b) Services that the fire department is required to provide;
     (c) The basic organizational structure of the fire department;
     (d) The expected number of fire department employees; and
     (e) Functions that fire department employees are expected to perform.
     (2) Every city and town shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
     (a) Fire suppression;
     (b) Emergency medical services;
     (c) Special operations;
     (d) Aircraft rescue and fire fighting;
     (e) Marine rescue and fire fighting; and
     (f) Wild land fire fighting.
     (3) Every city and town, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
     (a) Turnout time;
     (b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
     (c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
     (d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
     (4) Every city and town shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.

NEW SECTION.  Sec. 104   (1) Every city and town shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the jurisdiction of the city or town.
     (2) Beginning in 2007, every city and town shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
     (a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
     (b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.

PART II - CODE CITY FIRE DEPARTMENTS

NEW SECTION.  Sec. 201   The legislature intends for code cities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of code cities to set levels of service.

NEW SECTION.  Sec. 202   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
     (2) "Aircraft rescue and fire fighting" means the fire fighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
     (3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
     (4) "Code city" means a code city that provides fire protection services, which may include fire fighting actions, emergency medical services, and other special operations, in a specified geographic area.
     (5) "Fire department" means a code city fire department responsible for fire fighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
     (6) "Fire suppression" means the activities involved in controlling and extinguishing fires.
     (7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
     (8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
     (9) "Marine rescue and fire fighting" means the fire fighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
     (10) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
     (11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
     (12) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.

NEW SECTION.  Sec. 203   (1) Every code city shall maintain a written statement or policy that establishes the following:
     (a) The existence of a fire department;
     (b) Services that the fire department is required to provide;
     (c) The basic organizational structure of the fire department;
     (d) The expected number of fire department employees; and
     (e) Functions that fire department employees are expected to perform.
     (2) Every code city shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
     (a) Fire suppression;
     (b) Emergency medical services;
     (c) Special operations;
     (d) Aircraft rescue and fire fighting;
     (e) Marine rescue and fire fighting; and
     (f) Wild land fire fighting.
     (3) Every code city, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
     (a) Turnout time;
     (b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
     (c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
     (d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
     (4) Every code city shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.

NEW SECTION.  Sec. 204   (1) Every code city shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the code city's jurisdiction.
     (2) Beginning in 2007, every code city shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
     (a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
     (b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.

PART III - FIRE PROTECTION DISTRICTS AND
REGIONAL FIRE PROTECTION SERVICE AUTHORITIES

NEW SECTION.  Sec. 301   The legislature intends for fire protection districts and regional fire service authorities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of fire protection districts and regional fire protection service authorities to set levels of service.

NEW SECTION.  Sec. 302   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
     (2) "Aircraft rescue and fire fighting" means the fire fighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
     (3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
     (4) "Fire department" means a fire protection district or a regional fire protection service authority responsible for fire fighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
     (5) "Fire suppression" means the activities involved in controlling and extinguishing fires.
     (6) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
     (7) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
     (8) "Marine rescue and fire fighting" means the fire fighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
     (9) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
     (10) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
     (11) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.

NEW SECTION.  Sec. 303   (1) Every fire protection district and regional fire protection service authority shall maintain a written statement or policy that establishes the following:
     (a) The existence of a fire department;
     (b) Services that the fire department is required to provide;
     (c) The basic organizational structure of the fire department;
     (d) The expected number of fire department employees; and
     (e) Functions that fire department employees are expected to perform.
     (2) Every fire protection district and regional fire protection service authority shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
     (a) Fire suppression;
     (b) Emergency medical services;
     (c) Special operations;
     (d) Aircraft rescue and fire fighting;
     (e) Marine rescue and fire fighting; and
     (f) Wild land fire fighting.
     (3) Every fire protection district and regional fire protection service authority, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
     (a) Turnout time;
     (b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
     (c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
     (d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
     (4) Every fire protection district and regional fire protection service authority shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.

NEW SECTION.  Sec. 304   (1) Every fire protection district and regional fire protection service authority shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the jurisdiction of the fire protection district and regional fire protection service authority.
     (2) Beginning in 2007, every fire protection district and regional fire protection service authority shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
     (a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
     (b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.

PART IV - PORT DISTRICTS

NEW SECTION.  Sec.401   The legislature intends for port districts to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of port districts to set levels of service.

NEW SECTION.  Sec. 402   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
     (2) "Aircraft rescue and fire fighting" means the fire fighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
     (3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
     (4) "Fire department" means a port district fire department responsible for fire fighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
     (5) "Fire suppression" means the activities involved in controlling and extinguishing fires.
     (6) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
     (7) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
     (8) "Marine rescue and fire fighting" means the fire fighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
     (9) "Port" means a port district that provides fire protection services, which may include fire fighting actions, emergency medical services, and other special operations, in a specified geographic area.
     (10) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
     (11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
     (12) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.

NEW SECTION.  Sec. 403   (1) Every port shall maintain a written statement or policy that establishes the following:
     (a) The existence of a fire department;
     (b) Services that the fire department is required to provide;
     (c) The basic organizational structure of the fire department;
     (d) The expected number of fire department employees; and
     (e) Functions that fire department employees are expected to perform.
     (2) Every port shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
     (a) Fire suppression;
     (b) Emergency medical services;
     (c) Special operations;
     (d) Aircraft rescue and fire fighting;
     (e) Marine rescue and fire fighting; and
     (f) Wild land fire fighting.
     (3) Every port, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
     (a) Turnout time;
     (b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
     (c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
     (d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
     (4) Every port shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.
     (5) An annual part 139 inspection and certification by the federal aviation administration shall be considered to meet the requirements of this section.

NEW SECTION.  Sec. 404   (1) Every port shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the port's jurisdiction.
     (2) Beginning in 2007, every port shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
     (a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
     (b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.
     (3) An annual part 139 inspection and certification by the federal aviation administration shall be considered to meet the requirements of this section.

PART V - MISCELLANEOUS PROVISIONS

NEW SECTION.  Sec. 501   Part headings used in this act are not any part of the law.

NEW SECTION.  Sec. 502   (1) Sections 101 through 104 of this act constitute a new chapter in Title 35 RCW.
     (2) Sections 201 through 204 of this act constitute a new chapter in Title 35A RCW.
     (3) Sections 301 through 304 of this act constitute a new chapter in Title 52 RCW.
     (4) Sections 401 through 404 of this act constitute a new chapter in Title 53 RCW.


         Passed by the House April 19, 2005.
         Passed by the Senate April 15, 2005.
         Approved by the Governor May 10, 2005.
         Filed in Office of Secretary of State May 10, 2005.