Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Civil Rights & Judiciary Committee |
SB 6090
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Limiting fire protection service agency liability for the installation of detection devices.
Sponsors: Senators Warnick, Honeyford and Liias.
Brief Summary of Bill |
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Hearing Date: 2/19/20
Staff: Ingrid Lewis (786-7289).
Background:
Fire Protection Service Agencies.
A fire protection service agency includes any local, state, or federal governmental entity responsible for firefighting services, including fire protection districts, regional fire protection service authorities, cities, towns, port districts, the Department of Natural Resources, and federal reservations.
Tort Liability and Immunity.
A tort is an act or omission that gives rise to injury or harm for which liability may be imposed. The boundaries of tort law are defined in both common law and statutory law. Torts fall into three general categories: negligent torts, intentional torts, and strict liability torts. There are a variety of statutes that provide some form of immunity from liability to certain persons or entities. For example, any fire service protection agency and its firefighters, whether paid or volunteer, taking part in firefighting efforts outside its jurisdiction or providing emergency care, rescue, assistance, or recovery services at an emergency is not liable for civil damages resulting from any act or omission in rendering services, except for acts or omissions constituting gross negligence or willful or wanton misconduct.
Summary of Bill:
Any fire protection service agency or individual firefighter, whether volunteer or paid, that delivers or installs a device or batteries for a device at a residential premises is not liable for civil damages resulting from any act or omission in the delivery or installation, if:
the device is new and meets all applicable current safety and manufacturing standards;
installation was done in conformance with the manufacturer's instructions;
the installation or delivery was in the fire protection service agency's official capacity; and
the act or omission did not constitute gross negligence or willful or wanton misconduct.
"Device" includes any battery-operated or plug-in smoke detector, carbon monoxide detector, or combination smoke and carbon monoxide detector.
Any fire protection service agency delivering or installing a device must keep records for a minimum of five years.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.