Chapter 52.30 RCW

MISCELLANEOUS PROVISIONS

Sections

52.30.020Property of public agency included within districtContracts for services.
52.30.040Civil service for employees.
52.30.050Residency not grounds for discharge of civil service employees.
52.30.060Change of district nameResolution.
52.30.070District volunteer membersHolding public officeDefinitions.
52.30.080Tribal propertyContracts for service.
52.30.090Hazardous material cleanup or removalCost recovery.


Property of public agency included within districtContracts for services.

Wherever a fire protection district has been organized which includes within its area or is adjacent to, buildings and equipment, except those leased to a nontax exempt person or organization, owned by the legislative or administrative authority of a state agency or institution or a municipal corporation, the agency or institution or municipal corporation involved shall contract with such district for fire protection services necessary for the protection and safety of personnel and property pursuant to the provisions of chapter 39.34 RCW: PROVIDED, That nothing in this section shall be construed to require that any state agency, institution, or municipal corporation contract for services which are performed by the staff and equipment of such state agency, institution, or municipal corporation: PROVIDED FURTHER, That nothing in this section shall apply to state agencies or institutions or municipal corporations which are receiving fire protection services by contract from another municipality, city, town, or other entities: AND PROVIDED FURTHER, That school districts shall receive fire protection services from the fire protection districts in which they are located without the necessity of executing a contract for such fire protection services: PROVIDED FURTHER, That prior to September 1, 1974, the superintendent of public instruction, the chief of the Washington state patrol through the director of fire protection, the director of financial management, and the executive director of the Washington fire commissioners association, or their designees, shall develop criteria to be used by the chief of the Washington state patrol through the director of fire protection in establishing uniform rates governing payments to fire districts by school districts for fire protection services. On or before September 1, 1974, the chief of the Washington state patrol through the director of fire protection shall establish such rates to be payable by school districts on or before January 1st of each year commencing January 1, 1975, payable July 1, 1975: AND PROVIDED FURTHER, That beginning with the 1975-77 biennium and in each biennium thereafter the superintendent of public instruction shall present in the budget submittal to the governor an amount sufficient to reimburse affected school districts for the moneys necessary to pay the costs of the uniform rates established by the chief of the Washington state patrol through the director of fire protection.

NOTES:

Effective date1974 ex.s. c 88: "This 1974 amendatory act shall take effect on July 1, 1974." [ 1974 ex.s. c 88 § 2.]
Effective date1973 1st ex.s. c 64: "This 1973 amendatory act shall take effect on July 1, 1974." [ 1973 1st ex.s. c 64 § 2.]
Fire, medical, or other emergency services provided to county by political subdivisionFinancial assistance authorized: RCW 36.32.470.
Fire protection services for state-owned facilities: RCW 35.21.775.



Civil service for employees.

A fire protection district with a fully-paid fire department may, by resolution of its board of fire commissioners, provide for civil service in its fire department in the same manner, with the same powers, and with the same force and effect as provided by chapter 41.08 RCW for cities, towns, and municipalities, including restrictions against the discharge of an employee because of residence outside the limits of the fire protection district.
[ 1984 c 230 § 79; 1971 ex.s. c 256 § 2; 1949 c 72 § 1; Rem. Supp. 1949 § 5654-120a. Formerly RCW 52.36.060.]



Residency not grounds for discharge of civil service employees.

Residence of an employee outside the limits of a fire protection district is not grounds for discharge of any regularly-appointed civil service employee otherwise qualified.



Change of district nameResolution.

The name of a fire protection district shall be changed, as proposed by resolution of the board of fire commissioners of the district, upon the adoption of a resolution approving the change by the county legislative authority of the county in which all, or the largest portion, of a fire protection district is located.



District volunteer membersHolding public officeDefinitions.

(1) Except as otherwise prohibited by law, a volunteer member of any fire protection district who does not serve as fire chief for the district may be:
(a) A candidate for elective public office and serve in that public office if elected; or
(b) Appointed to any public office and serve in that public office if appointed.
(2) For purposes of this section, "volunteer" means a member of any fire protection district who performs voluntarily any assigned or authorized duties on behalf of or at the direction of the fire protection district without receiving compensation or consideration for performing such duties.
(3) For purposes of this section, "compensation" and "consideration" do not include any benefits the volunteer may have accrued or is accruing under chapter 41.24 RCW.



Tribal propertyContracts for service.

(1) When exempt tribal property is located within the boundaries of a fire protection district or a regional fire protection service authority, the fire protection district or authority is authorized to contract with the tribe for compensation for providing fire protection services in an amount and under such terms as are mutually agreed upon by the fire protection district or authority and the tribe.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Exempt tribal property" means property that is owned exclusively by a federally recognized Indian tribe and that is exempt from taxation under RCW 84.36.010.
(b) "Regional fire protection service authority" or "authority" has the same meaning as provided in RCW 52.26.020.

NOTES:

Application2014 c 207: See note following RCW 84.36.010.



Hazardous material cleanup or removalCost recovery.

(1) A fire service jurisdiction is entitled to recover from any liable party the actual costs associated with the cleanup or removal of hazardous waste and other hazardous materials, including debris or vehicle operating fluids, when responding to a vehicle accident on private or public property, including public roadways. A liable party may submit an invoice for those actual costs incurred by the jurisdiction, for the jurisdiction's cleanup or removal services, to their insurer that provides coverage for property damage for which the party becomes legally obligated, if coverage is found within a liable party's insurance policy. An insurer providing such coverage may issue payment directly to the jurisdiction from available property damage liability coverage contained in the policy. If there are multiple liable partiesinvolved, the jurisdiction may only recover the proportional amount of liability legally determined for each party. The jurisdiction may not recover from any one liable party, or all liable parties combined, more than the actual costs incurred with the cleanup and removal of the hazardous waste and other hazardous materials, including debris or vehicle operating fluids, when responding to a vehicle accident on private or public property, including public roadways.
(2) For the purposes of this section, the definitions in this subsection apply:
(a) "Actual costs" means the amount necessary to compensate for reasonable personnel time spent at the scene of a vehicle accident and the reasonable cost of any supplies used in the cleanup or removal of hazardous waste and other hazardous materials, including debris or vehicle operating fluids, when responding to a vehicle accident on private or public property, including public roadways.
(b) "Fire service jurisdiction" or "jurisdiction" means a fire protection district or regional fire protection service authority.
(c) "Insurer" has the same meaning as in RCW 48.01.050.
(d) "Liable party" means a person or entity that is legally obligated or responsible for causing a vehicle accident.
(e) "Vehicle" means any mode of transportation operated by a liable party and involved in a vehicle accident including, but not limited to, automobiles, trucks, and motorcycles.