Items defined herein have reference to chapter 76.04 RCW and all other provisions of law relating to forest protection and have the meanings indicated unless the context clearly requires otherwise.

(1) "Abatement" means the elimination of additional fire hazard by burning, physical removal, or other means.

(2) "Additional fire hazard" means additional fire hazard as defined in RCW 76.04.005.

(3) "Adze eye hoe" means a serviceable forest firefighting hoe with a blade width of at least five and three-quarters inches and a rectangular eye. The blade shall be sharpened, solid, and smooth. The handle shall be hung solid with no more than three-quarters of an inch nor less than one-eighth of an inch extending beyond the head, smooth, aligned, and at least thirty-two inches long.

(4) "Approved exhaust system" means a well-mounted exhaust system free from leaks and equipped with spark arrester(s) rated and accepted under United States Department of Agriculture Forest Service current standards.

(a) Turbochargers qualify as an approved exhaust system when all gases pass through the turbine wheel. The turbine must be turning at all times, and there must be no exhaust bypasses. A straight mechanical-driven supercharger does not qualify as an approved exhaust system in lieu of an approved spark arrester.

(b) Passenger vehicles and trucks may be equipped with an adequately baffled muffler in lieu of a spark arrester.

(c) General purpose spark arresters for use on equipment, vehicles, and motorcycles operating on forest land must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice SAE J350, "Requirements of Single Position Application General Purpose Arresters." The spark arrester shall be permanently marked with the model number and the manufacturer's identification or trademark. When the inlet and outlet of an arrester are not easily identified, they must be marked. Arresters on mobile equipment shall not be mounted more than forty-five degrees from the qualified position.

(d) Portable power saws purchased after June 30, 1977, and used on forest land, must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice SAE J335b, "Multi-Positioned Small Engine Exhaust Fire Ignition Suppression." Requirements to obtain the SAE J335b specifications are as follows:

(i) The spark arrester shall be designed to retain or destroy ninety percent of the carbon particles having a major diameter greater than 0.023 inches (0.584mm).

(ii) The exhaust system shall be designed so that the exposed surface temperature shall not exceed five hundred fifty degrees Fahrenheit (288 degrees Centigrade) where it may come in direct contact with forest fuels.

(iii) The exhaust system shall be designed so that the exhaust gas temperature shall not exceed four hundred seventy-five degrees Fahrenheit (246 degrees Centigrade) where the exhaust flow may strike forest fuels.

(iv) The exhaust system shall be designed in such a manner that there are no pockets or corners where flammable material might accumulate. Pockets are permissible only if it can be substantiated by suitable test that material can be prevented from accumulating in the pockets.

(v) The exhaust system must be constructed of durable material and so designed that it will, with normal use and maintenance, provide a reasonable service life. Parts designed for easy replacement as a part of routine maintenance shall have a service life of not less than fifty hours. Cleaning of parts shall not be required more frequently than once for each eight hours of operation. The spark arrester shall be so designed that it may be readily inspected and cleaned.

(vi) Portable power saws will be deemed to be in compliance with SAE J335b requirements if they are certified by the United States Department of Agriculture, Forest Service, and the San Dimas Equipment Development Center.

(e) Portable power saws which were purchased prior to June 30, 1977, and which do not meet the Society of Automotive Engineers Standards, must meet the following requirements:

(i) The escape outlet of the spark arrester shall be at an angle of at least forty-five degrees from a line parallel to the bar;

(ii) The configuration of spark arrester shall be such that it will not collect sawdust no matter in what position the saw is operated;

(iii) Spark arrester shall be designed and made of material that will not allow shell or exhaust temperature to exceed eight hundred fifty degrees Fahrenheit;

(iv) The arrester shall have a screen with a maximum opening size of 0.023 inches (0.584mm.);

(v) The arrester shall be capable of operating, under normal conditions, a minimum of eight hours before cleaning is needed;

(vi) The screen shall carry a manufacturer's warranty of a minimum of fifty-hour life when installed and maintained in accordance with the manufacturer's recommendation;

(vii) The arrester shall be of good manufacture and made so that the arrester housing and screen are close fitting;

(viii) The arrester shall be at least ninety percent efficient in the destruction, retention or attrition of carbon particles over 0.023 inches (0.584mm.);

(ix) Efficiency is to be measured as described in Power Saw Manufacturer's Association Standard, Number S365;

(x) Construction of the arrester shall permit easy removal and replacement of the screen for field inspection and cleaning.

(f) Multipositioned engine powered tools, other than power saws, used on forest land must meet the performance levels set forth in the Society of Automotive Engineers (SAE) Recommended Practice J335b, "Multi-Positioned Small Engine Exhaust Fire Ignition Suppression."

(g) Locomotive spark arresters for use on logging, private or common carrier railroads operating on or through forest land must meet the performance levels set forth in the Association of American Railroads (AAR) Recommended Practice, "Standard for Spark Arresters for Non-Turbo Charged Diesel Engines Used in Railroad Locomotives."

(5) "Axe" means a serviceable, double-bitted, swamping axe or single-bitted axe of at least a three-pound head and thirty-two inch handle. The blades shall be sharpened, solid and smooth. The handle shall be hung solid, smooth and straight.

(6) "Certified electrical fence controller" means an electrical fence controller that meets the standards for fire safety developed by Underwriters Laboratories (UL) and indicates approval by bearing the UL label on the controller.

(7) "Currently with the logging" and "current with the felling of live timber, or with the current logging operation" means during the logging operation or associated activities on any landing, setting or similar part of the operation.

(8) "Debris disposal fire" means an outdoor fire for the elimination of a fire hazard and for the purpose of clean-up of natural vegetation and residue of a natural character such as leaves, clippings, prunings, trees, stumps, brush, shrubbery, and wood so long as it has not been treated by an application of prohibited material or substance in a pile no larger than that allowed in WAC 332-24-211.

(9) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW.

(10) "Dump" includes, without limitation, dumping, depositing, or placing.

(11) "Electrical fence controller" includes any controller, equipment, appliance, device, or apparatus used as an electrical fence controller, energizer, or pulsator which uses or conveys an electrical current.

(12) "Fire extinguisher" means, unless otherwise stated, a fully charged and operational chemical fire extinguisher rated by underwriters' laboratory or factory mutual, appropriately mounted in either a vertical or horizontal position, and located so as to be readily accessible to the operator. When two fire extinguishers are required, they are to be appropriately mounted and located so that one is readily accessible to the operator and the other is separate from the operator and readily accessible to other personnel. The fire extinguisher shall be equipped with a gauge to determine the level of charge present to propel the chemical from the extinguisher; however fire extinguishers required for use with portable power saws are not required to be equipped with a gauge to determine the level of charge.

(13) "Fire hazard" means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest areas, life and property.

(14) "Fire tool box" means a compartment of sound construction with a waterproof lid, provided with hinges and hasps and so arranged that the box can be properly sealed and the contents kept dry. The box shall be red in color and marked "fire tools" in white or black letters at least three inches high. The fire tool box shall contain a minimum of:

(a) Two axes or pulaskis;

(b) Three adze eye hoes;

(c) Three shovels.

(15) "Firewatch" means at least one competent person to be at the site(s) for one hour following the operation of spark-emitting equipment on class 3L days or above, or as determined by the department based on the national fire danger rating system and other fire danger conditions. The firewatch shall be vigilant and so located or positioned to be able to detect within five minutes fires which may originate at the site(s) of the equipment operation. The firewatch shall report a fire to the responsible protection agency within fifteen minutes of detection.

(16) "Fixed-position machine" means any machine used for any portion or phase of harvesting, thinning, site preparation, land clearing, road, railroad and utility right of way clearing or maintenance, mineral or natural resources extraction, or other operation that performs its primary function from a fixed-position. This definition applies even though said machine is capable of moving under its own power to a different fixed position.

(17) "Forest debris" means forest debris as defined in RCW 76.04.005.

(18) "Forest land" means forest land as defined in RCW 76.04.005.

(19) "Isolation" means the division or separation of an additional fire hazard into compartments by a constructed barrier of at least one hundred feet in width at its narrowest point. The constructed barrier must be free and clear of forest debris as defined in RCW 76.04.005 and must be approved, in writing, by the department.

(20) "Mill waste" means waste of all kinds from forest products, including, but not limited to, sawdust, bark, chips, slabs, and cuttings from lumber or timber.

(21) "Operation" means the use of equipment, tools, and supporting activities on or adjacent to forest land that may cause a forest fire to start. Such activities may include, but are not limited to, any phase of harvesting, thinning, site preparation, land clearing, road, railroad, and utility right of way clearing and maintenance, and mineral or natural resource extraction. The operating period shall be that time period when the activity is taking place and includes that time when a firewatch would be required to be in attendance.

(22) "Outdoor fire" means the combustion of material in the open, or in a container, with no provisions for the control of such combustion or the control of the emissions from the combustion products.

(23) "Person" shall mean any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature.

(24) "Prohibited material or substance" includes rubber products, plastics, asphalt, garbage, dead animals, petroleum products, paints, or any similar materials that emit dense smoke or create offensive odors when burned, pursuant to RCW 70.94.775(1).

(25) "Pulaski" means a serviceable axe and hoe combination tool with not less than a three and one-half pound head and thirty-two inch handle. The blades shall be at least two and one-half inches wide, sharpened, solid and smooth. The handle shall be hung solid, smooth and straight.

(26) "Pump truck or pump trailer" means:

(a) A serviceable truck or trailer which must be able to perform its functions efficiently and must be equipped with a water tank of not less than a three hundred gallon capacity, filled with water. The complete pump truck or pump trailer shall be kept ready for instant use for suppressing forest fires. If a trailer is used, it shall be equipped with a hitch to facilitate prompt moving. A serviceable tow vehicle shall be immediately available for attachment to the trailer. The pump truck, or pump trailer with its tow vehicle, must be available throughout the operating and watchperson periods.

(b) The pump may be a portable pump or suitable power take-off pump. It shall be plumbed with a bypass or pressure relief valve. The pump shall develop, at pump level, pressure sufficient to discharge a minimum of twenty gallons per minute, using a one-quarter inch nozzle tip through a fifty foot length of one inch or one and one-half inch rubber-lined hose.

(c) The pump truck or pump trailer shall be equipped with the following:

(i) A minimum of five hundred feet of one or one and one-half inch cotton or synthetic jacket hose;

(ii) A fully stocked fire tool box.

(d) The tank shall be plumbed so that water may be withdrawn by one person by gravity feed. This outlet shall be adapted to accept the hose used with the pump truck or pump trailer. The outlet shall be located for easy filling of pump cans.

(e) The pump truck or pump trailer must be equipped with fuel, appropriate tools, accessories and fittings to perform its functions for a continuous period of four hours. A recommended list of tools, fittings and accessories may be obtained from the department.

(27) "Recreational fire" means an outdoor fire for the purpose of sport, pastime or refreshment, such as camp fires, bonfires, cooking fires, etc., in a hand-built pile no larger than four feet in diameter and not associated with any debris disposal activities related to fire hazard elimination or yard and garden refuse clean-up.

(28) "Reduction" means the elimination of that amount of additional fire hazard necessary to produce a remaining average volume of forest debris no greater than nine tons per acre of material three inches in diameter and less.

(29) "Shovel" means a serviceable, long-handled or "D"-handled, round-point shovel of at least "0" size with a sharpened, solid and smooth blade. The handle on the shovel shall be hung solid, smooth and straight.

(30) "Snag" means a standing dead conifer tree over twenty-five feet in height and sixteen inches and over in diameter, measured at a point four and one-half feet above the average ground level at the base.

(31) "Tractor or other mobile machine" means any machine that moves under its own power when performing any portion or phase of harvesting, thinning, site preparation, land clearing, road, railroad and utility right of way clearing or maintenance, mineral or natural resource extraction, or other operation. This definition includes any machine, whether crawler or wheel-type, whether such machine be engaged in yarding or loading, or in some other function during the operation.

(32) "Uncertified electrical fence controller" includes all electrical fence controllers that do not meet the standards for fire safety developed by Underwriters Laboratories (UL) and does not have the UL label on the controller.

If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected.

Under authority granted in RCW 76.04.015 and 76.04.205, the following regulation is hereby promulgated:

(1) The department is responsible, by law, for the granting of burning permits for burning on lands it protects; and

(2) The department administers the protection of air quality as provided in chapter 70.94 RCW resulting from burning on lands under its protection; and

(3) The department has determined that the effects of such burning on life, property and air quality are of year-round effect; therefore

(4) Throughout the year, outdoor fire is prohibited on lands protected by the department where forest protection assessment is being, or is subject to being, assessed unless:

(a) A written burning permit is obtained from the department and the requirements of WAC 332-24-205 and 332-24-221 are followed; or

(b) Burning meets the regulations outlined in WAC 332-24-205 and 332-24-211.

(5) This chapter applies to all burning on lands protected by the department. It does not apply to agricultural burning as defined in WAC 173-425-030(1) nor to open burning as defined in WAC 173-425-030(2).

The following rules apply to all burning regulated by the department:

(1) The department reserves the right to restrict, regulate, refuse, revoke or postpone outdoor fires under RCW 76.04.205 and 76.04.315, and chapter 70.94 RCW due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance.

(2) Burning shall not be allowed within nonattainment areas of the state as established by Washington department of ecology for particulate matter ten microns or less or carbon monoxide, except for:

(a) Fires for improving and maintaining fire dependent ecosystems; or

(b) Fires for training wildland firefighters; or

(c) Fires set for a defined research project; or

(d) Military training exercises; or

(e) The exclusive purpose of managing storm or flood-related debris; or

(f) Where exempted by local or state air pollution control agencies.

(3) Burning shall not be allowed inside urban growth areas as designated under growth management plans, or in cities of greater than ten thousand population as follows:

(a) In urban growth areas where reasonable alternatives exist.

(b) In cities with a population of ten thousand or more as established by the office of financial management:

(i) That exceed or threaten to exceed federal or state ambient air quality standards; and

(ii) Where reasonable alternatives to outdoor burning exist, in accordance with WAC 173-425-090.

(c) Outdoor burning that reduces the risk of a wildfire, or is normal, necessary, and customary to ongoing silvicultural activities consistent with silvicultural burning authorized under RCW 70.94.6534(1), is allowed within the urban growth area in accordance with RCW 70.94.6534. Before issuing a burn permit within the urban growth area for any burn that exceeds one hundred tons of material, the department of natural resources shall consult with department of ecology.

(4) No fires shall be ignited when:

(a) The department of ecology has declared an air pollution episode for the geographic area pursuant to chapter 173-435 WAC; or

(b) The department of ecology or a local air pollution control authority has declared impaired air quality for the geographic area in which the burning is to be done.

(5) A person responsible for a burn at the time an episode or impaired air quality is called pursuant to chapter 173-425 WAC, shall extinguish the fire by:

(a) Withholding fuel from the burn;

(b) Allowing the fire to burn down; and

(c) Aggressively putting out the fire until there is no visible smoke, unless otherwise allowed by the department.

(6) Prior to lighting, the person doing the burning must telephone the department, and obtain any special instructions for the day and location of the proposed burn. Those instructions thereupon become part of the conditions of burning.

(7) The fire must not include rubber products, plastic products, asphalt, garbage, dead animals, petroleum products, paints, or any similar prohibited materials that emit dense smoke or create offensive odors when burned, pursuant to RCW 70.94.775(1).

(8) If the fire creates a nuisance from smoke or flying ash, it must be extinguished. For purposes of this section, a nuisance exists when emissions from any open fire cause physical discomfort or health problems to people residing in the vicinity of the burning or physical damage to property.

(9) Burning within the department's fire protection areas shall not:

(a) Cause visibility to be obscured on public roads and highways by the smoke from such fires; or

(b) Endanger life or property through negligent spread of fire or pollutants.

(10) A person capable of extinguishing the fire must attend the fire at all times and the fire must be completely extinguished before being left unattended.

(11) No fires are to be within fifty feet of structures, or within five hundred feet of forest slash without a written burning permit.

(12) The landowner or landowner's designated representative's written permission must be obtained before kindling a fire on the land of another.

(13) The department reserves the authority to provide waivers, exceptions, and/or to impose additional requirements through the use of written burning permits and the smoke management plan.

In addition to WAC 332-24-205, the following rules shall apply to burning regulated by the department that does not require a written burning permit. A written burning permit is not required from the department under the following conditions:

(1) In certain geographic areas of the state as designated by the department in subsection (3) of this section and when the requirements of subsections (4), (5), and (6) of this section are met; or

(2) When the fire is:

(a) Contained within a campfire pit, approved by the department, located in a state, county, municipal, or other campground;

(b) Contained within a camp stove or barbecue;

(c) A hand-built pile no larger than four feet in diameter that is being used exclusively for recreational purposes; and

(d) Situated on bare soil, gravel bars, beaches, green field, or other similar areas free of flammable material for a sufficient distance adequate to prevent the escape of fires.

(3) A fire that does not require a written permit has established size limitations based on time of year and the county within which the burning occurs.

(a) From July 1 to October 15 individual pile size in all counties shall be limited to no larger than four feet, except pile size in Clallam and Jefferson counties is limited to ten feet.

(b) From October 16 through June 30 individual pile size in all counties is limited to ten feet; except pile size is limited to four feet in Island, King, Kitsap, Mason, Pierce, San Juan, and Spokane counties.

(4) A serviceable shovel and a minimum of five gallons of water must be within the immediate vicinity of the fire. A bucket is acceptable if the outdoor fire is adjacent to an accessible body of water. A charged garden hose or other adequate water supply may be substituted for the five gallon water requirement.

(5) Only one pile may be burned at any one time and each pile must be extinguished before lighting another.

(6) Burning must be done during periods of calm to very light winds. Burning when wind will scatter loose flammable materials, such as dry leaves and clippings, is prohibited.

Failure to comply with the rules in chapter 332-24 WAC voids permission to burn. Any person burning without complying with chapter 332-24 WAC is in violation of RCW 76.04.205 and chapter 70.94 RCW. Convictions or bail forfeitures in connection with illegal burning under chapter 332-24 WAC may result in refusal to issue further permits for a two-year period from the date of the illegal burning. In addition to any other fines and penalties that may be imposed, the department may charge and recover costs from the person responsible for any response to control or extinguish an illegal fire caused in part or in whole by negligent acts or omissions.

Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department. In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

(1) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be one hundred five dollars fifty cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows:

For purposes of this section, consumable debris is the amount of debris that the department determines will be consumed by the proposed burning.

(2) Written burning permits are not considered valid unless all of the following conditions apply:

(a) The written permit has been signed by the applicant agreeing to follow all requirements of chapter 332-24 WAC, the smoke management plan in effect at the time of the burning, and any additional terms and conditions specified by the department in writing; and

(b) The required permit fee has been secured or paid according to approved department procedures; and

(c) The person doing the burning has the permit in possession while burning and is complying with all terms and conditions of such permit, the smoke management plan in effect at the time of the burning, and all applicable portions of chapter 332-24 WAC.

(3) Permits are written only for the burn site and fuel quantity represented to the department on the permit application. Addition of fuel or changing the burn site, after the permit application has been submitted to the department, is prohibited unless a new permit application is submitted and any added permit fee is paid, if required.

(1) Forest debris or mill waste dumped in the following manner on or near forest land shall constitute a forest fire hazard and require a dumping permit:

(a) Piles of fifty cubic yards or more; or

(b) Two or more piles totaling fifty cubic yards or more, less than three hundred feet apart; or

(c) A pile less than three hundred feet from a pile placed by another where such piles would total fifty cubic yards or more; or

(d) When dumped adjacent to piles of fifty cubic yards or more which were in existence before August 9, 1971; or

(e) When dumped in smaller quantities or greater distances than above when such dumpings are likely to support, intensify or further spread the fire, thereby threatening forest land and/or endangering life or property; however forest debris accumulated on forest land from logging or silvicultural activities on the land on which such activities took place, or activities regulated by RCW 76.04.650, shall not be subject to the permit requirement of this section, except when forest debris accumulated on land clearing or right of way projects subject to RCW 76.04.650 is taken away from such areas and dumped.

(2) No person shall dump or cause to be dumped a forest fire hazard on or threatening forest land without first obtaining a written permit from the department.

(a) Any person having legal authority to dump mill waste from forest products or forest debris, on the described property, shall make application to the department or authorized employees for a permit to do so. The application shall state and include:

(i) The location;

(ii) The approximate quantity to be dumped;

(iii) A description of the material to be dumped;

(iv) A map illustrating the proposed dump site;

(v) The name of the person by whom the dumping is to be done.

(b) Upon receipt of an application, the department will inspect the area described in the application. The department, in issuing the permit, may impose conditions in such permit to prevent the creation of a forest fire hazard.

(c) In situations as outlined in subsection (1)(e) of this section, the department may notify the appropriate persons, and such person or persons shall be required to obtain a permit for the continued existence of the dumping of such fire hazard. This permit is required to ensure that such dumping does not create a forest fire hazard and outlines required terms and conditions to eliminate or abate any forest fire hazard that may be created by dumping.

(d) A dumping permit shall be effective only under the conditions and for the period stated therein. The department shall have the authority to rescind a permit upon failure to comply with any of the conditions or terms.

(3) Any person who dumps such mill waste or forest debris, without a permit or in violation of a permit, is guilty of a gross misdemeanor and subject to the penalties for a gross misdemeanor under RCW 9A.20.021 and may further be required to remove all materials dumped.

(1) All burning to improve and maintain fire dependent ecosystems within Conservation Areas and Natural Area Preserves shall be accomplished under a burning plan that has been approved by the department's land and water conservation division and fire control division managers. The burning plan must be a part of a total management plan approved by the land and water conservation division.

(2) Burning for this purpose may be allowed inside nonattainment areas, or urban growth areas.

(3) Burning for this purpose shall not be allowed during periods of air pollution episodes or air quality impairment called under chapter 173-425 WAC.

(1) When in the opinion of the regional manager, for the department's administrative region, weather conditions arise which present a hazard to lands protected by the department, whereby life and property may be endangered, the regional manager, through the authority granted the department in RCW 76.04.015 and 76.04.325, may designate industrial precaution levels thereby regulating logging, land clearing or other industrial operations which may cause a fire to start on or adjacent to forest lands. The restrictions shall be for periods designated and shall only affect those portions of the state under the administrative jurisdiction of the area manager.

(2) In making a decision as to when restrictions or shutdowns should occur, the area manager shall utilize available information as to current and projected fire danger, current and projected weather, current fire activity and available resources for fire suppression.

(3) All persons performing logging, land clearing or other operations which may cause a fire to start on or adjacent to forest lands shall comply with the restrictions described in the designated industrial precaution level.

(a) The industrial fire precaution levels shall be:

(i) Level 1. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all higher levels unless otherwise waived.

(ii) Level 2. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m. local time:

• Power saws except at loading sites;

• Cable yarding;

• Blasting;

• Welding or cutting of metal.

(iii) Level 3. Partial shutdown - The following are prohibited except as indicated:

• Cable yarding - except that gravity operated logging systems employing nonmotorized carriages or approved motorized carriages may operate between 8 p.m. and 1 p.m. when all block and moving lines, except for the line between the carriage and the chokers, are suspended ten feet above the ground;

• Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m. local time.

In addition, the following are permitted to operate between the hours of 8 p.m. and 1 p.m. local time:

• Tractor, skidder, feller-buncher, forwarder, or shovel logging operations where tractors, skidders, or other equipment with a blade capable of constructing fireline, are immediately available to quickly reach and effectively attack a fire start;

• Mechanized loading and hauling of any product or material;

• Blasting;

• Welding or cutting of metal.

(iv) Level 4. General shutdown - All operations are prohibited.

(b) The following definitions shall apply to these industrial fire precaution levels:

(i) "Loading sites" means a place where any product or material, including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc., is placed in or upon a truck or other vehicle.

(ii) "Cable yarding systems" means a yarding system employing cables and winches in a fixed position.

(iii) "Approved motorized carriages" means a cable yarding system employing a motorized carriage with two fire extinguishers, each with at least a 5 BC rating, mounted securely on opposite sides of the carriage, an emergency motor cutoff, and an approved exhaust system.

(iv) "Low hazard area" means any area where the department has determined the combination of elements reduces the probability of fire starting and/or spreading.

(v) "Closed season" is that season of the year when a fire hazard exists as declared by the department or other responsible agency.

(c) A written waiver may be issued by the department for fire-safe activities in low-hazard areas.

(d) Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than the industrial precaution level system.

(1) Snags within areas of extreme fire hazard requiring abatement, as defined by WAC 332-24-005(28), shall be felled concurrently with the logging operation, unless:

(a) Such snag contains a visible nest of a species of wildlife designated by the United States Fish and Wildlife Service as threatened or endangered; or

(b) The department, upon written request of the landowner, determines, in writing, that such snag does not represent a substantial deterrent to effective fire control action.

(2) The department may designate, in writing, that additional snags be felled concurrently with the logging operation if, in the department's opinion, they represent a substantial deterrent to effective fire control action, unless such snag contains a visible nest of a threatened or endangered species.

It shall be unlawful for anyone to operate, during the closed season as defined in RCW 76.04.005, any steam, internal combustion, electric engines or any other devices which emit sparks on any forest land or any other place where, in the opinion of the department, fire could be communicated to forest land without first complying with the following requirements for equipment or operations:

(1) Fixed-position machine:

(a) Two fire extinguishers, each of at least a 5 B C rating;

(b) An approved exhaust system;

(c) An appropriately mounted shovel.

(2) Logging railroad locomotive or common carrier locomotive:

(a) An approved exhaust system;

(b) Communications between the train and dispatcher for reporting fires to the responsible protection agency;

(c) Each locomotive shall be followed by a speeder patrol at such times, and in such locations, as designated by the department. The speeder patrol shall be equipped with:

(i) Two shovels;

(ii) One pulaski;

(iii) One adze eye hoe;

(iv) Two serviceable five gallon backpack pump cans filled with water;

(v) An approved exhaust system;

(vi) Communications between the speeder and the dispatcher for reporting fires to the responsible protection agency;

(vii) One fire extinguisher of at least a 5 B C rating.

(3) Passenger vehicle used for industrial or commercial operations:

(a) A fire extinguisher of at least a 5 B C rating;

(b) An approved exhaust system.

(4) Portable power saw:

(a) A chemical fire extinguisher of at least eight ounce capacity, fully charged and in good working order. The fire extinguisher shall be kept in the immediate possession of the operator;

(b) An approved exhaust system;

(c) A shovel, which shall be kept within two minutes round-trip of the operator;

(d) A firewatch.

(5) Spark-emitting engines used for purposes not specifically mentioned herein, which, in the opinion of the department, may cause a forest fire to start, unless equipped with:

(a) An approved exhaust system;

(b) One fire extinguisher of at least a 5 B C rating; however two-wheeled, three-wheeled, and four-wheeled motorcycles shall only be required to have an approved exhaust system.

(6) Tractor or mobile machine:

(a) One fire extinguisher of at least a 5 B C rating;

(b) An approved exhaust system;

(c) An appropriately mounted shovel.

(7) Truck or vehicle used for hauling:

(a) One fire extinguisher of at least a 5 B C rating;

(b) An approved exhaust system;

(c) An appropriately mounted shovel.

(8) During yarding, loading, milling, land clearing and right of way clearing, there must be kept at each landing, yarding tree, mill or other suitable place designated by the department, two serviceable five gallon backpack pump cans filled with water; however such operations in other areas of the state as may be designated by the department, in writing, must comply with the following additional requirements:

(a) A pump truck or pump trailer to be kept on the landing or within five minutes round-trip of the operation;

(b) A firewatch;

(c) Adequate facilities to report a fire to the responsible protection agency within fifteen minutes of detection.

(9) Balloon, skyline and other similar long-line or aerial logging systems with greater than a twelve hundred foot distance between the yarder and tailhold or tailblock unless complying with the following requirements:

(a) Two serviceable five gallon backpack pump cans filled with water at each landing, yarding tree or other suitable place designated by the department;

(b) Portable water supply available and equipped in order to supply water to the furthermost extremity of the operation within a maximum of ten minutes from the time of detection. The portable water supply shall contain a minimum of three hundred gallons of water and the complement of accessories and equipment identified in the definition of the pump truck or pump trailer. The portable water supply shall be equipped with a pump capable of delivering twenty gallons per minute, at sufficient pressure, using a one-quarter inch nozzle tip through a fifty foot length of one inch or one and one-half inch rubber-lined hose. The pump shall be plumbed with a bypass or pressure relief valve. The water supply shall be located and outfitted for immediate use at the landing, and so that it may also be readily lifted and transported by use of the rigging system or cargo hook. Logging systems which are not capable of lifting the portable water supply and the fire tool kit in one lift must accomplish this in no more than three separate lifts. The fire tool kit shall be packaged and located for ready attachment to the rigging for delivery to the portable water supply while it is in operation. The fire tool kit shall contain:

(i) Three axes or pulaskis;

(ii) Six shovels;

(iii) Six adze eye hoes.

(c) Firewatch;

(d) Adequate facilities to report a fire to the responsible protection agency within fifteen minutes of detection.

(10) Each helicopter used for yarding, loading and land clearing or slash burning unless equipped and complying with the following:

(a) A VHF radio, maintained in operational use, at frequency 122.9 MHg;

(b) A portable water bucket of the following capacities, with necessary cargo hooks and tripping mechanism for dropping water on a fire, shall be located at the heliport serving the operation;

(c) A water source of sufficient capacity readily accessible to allow the bucket to be filled three times without refilling the source. The water source must be located within five minutes round-trip flying time of every part of the operation;

(d) The following sized fire tool kit packaged for ready attachment to the cargo hook and located at the heliport serving the operation:

(i) Two axes or pulaskis;

(ii) Three shovels;

(iii) Three adze eye hoes.

(e) Two fire extinguishers of at least 20 B C rating shall be kept with refueling equipment. They shall be appropriately mounted, suitably marked and available for immediate use.

(11) Railroad track installation and maintenance:

(a) Crews - ten people or less:

(i) A pump truck or pump trailer as defined in WAC 332-24-005(24); however the water capacity of the pump truck or pump trailer may be less than three hundred gallons, but greater than one hundred fifty gallons when the unit is capable of producing department-approved high expansion foam;

(ii) One serviceable five gallon backpack pump can;

(iii) Communications between the crew and dispatcher for reporting fires to the responsible protection agency.

(b) Crews - greater than ten people:

(i) A pump truck or pump trailer as defined in WAC 332-24-005(24) that is also capable of producing department-approved high expansion foam;

(ii) A fire tool box containing a minimum of:

(A) Six pulaskis;

(B) Six adze eye hoes;

(C) Six shovels.

(iii) Communications between the crew and dispatchers for reporting fires to the responsible protection agency.

(c) Track welding, cutting and grinding shall be curtained by not less than a four foot high canvas type curtain, which completely encloses the operation and prevents the escapement of sparks from welding, cutting or grinding.

(12) Prior to beginning operations, all snags, stubs and dead trees over fifteen feet in height shall be cut within fifty feet of each fixed-position machine which will operate for two consecutive days or more in one position.

The ground shall be initially cleared of all flammable debris under four inches in diameter beneath and within ten feet of each fixed-position machine which will operate for two consecutive days or more in one position.

(13) The area around the tail, corner and haul back blocks must be kept clean of all flammable debris under four inches in diameter for a distance of six feet in all directions. Suitable flame-resistant blanket devices may be substituted for the clearing requirement when the six foot diameter area is covered. Each block must be equipped with one serviceable five gallon backpack pump can filled with water, one shovel and one pulaski. Operations with multiple blocks must have this complement of tools and water within one hundred feet of each block.

(14) It shall be the operator's responsibility to identify points of line rub on cable logging operations during the closed season. If line rub occurs, the operator shall do what is necessary to stop, alleviate or control the line rub in order to prevent fires at these points. Satisfactory means include, but are not limited to:

(a) Removal of the object which the line is rubbing on;

(b) Changing the logging system;

(c) Moving the cable location.

(15) The department may designate certain areas which are known to have rapid fluctuations of extreme fire weather and/or concentrations of additional hazards. Operators in such areas may be required to monitor the humidity and/or wind speed and maintain a daily log of such readings. Relative humidity readings and wind speed must be determined and recorded by instruments and methods approved by the department.

The department may further require the operator in such areas to restrict operations when, in the opinion of the department, the recorded readings or current conditions are such that if a fire starts in that area it would probably spread to conflagration proportions regardless of personnel and equipment available for initial fire suppression.

Electrically caused fires present a hazard to the health and safety of the people of Washington, therefore:

(1) No person shall use or energize any uncertified electrical fence controller on any forest land in the state of Washington except during the months of November, December, January, February, and March: Provided, That this section shall not be construed to mean that the person may not have, establish, install, or erect such an uncertified electrical fence controller which does not contain a current of electricity during the prohibited months.

(2) No person shall sell, offer for sale, or dispose of by gift or otherwise to any consumer or user in the state of Washington, any uncertified electrical fence controller without informing that consumer or user that the electrical fence controller is uncertified.

(3) Certified electrical fence controllers may be maintained, used, sold, offered for sale, disposed of by gift or otherwise without restriction.

(4) The responsibility of presenting sufficient evidence of certification such as the Underwriters Laboratories label, brand name, model number, etc., shall be upon the user.

(5) Failure to present sufficient evidence of certification such as Underwriters Laboratories label, brand name, model number, etc., at an inspection of the usage of electrical fence controllers during the months prohibited by subsection (1) of this section, shall be prima facie evidence of noncompliance with the provision of this regulation.

(1) The department may accept serviceable equivalents to any of the requirements in WAC 332-24-405. Such substitutions must be made in writing by the department.

(2) The department may, by written permission, reduce the requirements set forth in WAC 332-24-405 whenever, in the opinion of the department, the operation is of such type or location and/or weather is such that all the requirements are not needed for the protection of life and property.

(3) The department may, in writing, require additional equipment, above the requirements of WAC 332-24-405 for fire protection in those areas known to have had rapid fluctuations of extreme fire weather and/or concentrations of additional hazards.

This section implements the provisions of RCW 76.04.610, which provides that an owner of forest land owning two or more parcels, each containing less than fifty acres in a county, may obtain a refund of the assessments paid on all such parcels over one.

(1) The forest landowner must:

(a) Obtain a forest fire protection assessment refund form from any department or county treasurer office;

(b) Complete refund form per instructions on form;

(c) Pay taxes and assessments to county treasurer and obtain treasurer's signature on refund form to verify assessments have been paid in full;

(d) Mail refund form before December 31 of the year the assessments are due to: Department of Natural Resources, Wildfire Division, Olympia, WA 98504.

(2) The department's wildfire division will complete the refund due the landowner and process for payment through the department's office of finance. The office of finance will prepare the refund check and send the check and a copy of the refund form to the landowner.

A forest landowner shall be absolutely liable for fire suppression costs for any fire that occurs and abatement is required under the following conditions:

(1) Any additional fire hazard within a distance of one hundred feet from the closest edge of the running surface of any state or federal highway, county road or railroad;

(2) Any additional fire hazard within a distance of one hundred feet from the closest edge of the running surface of any other road, as hereinafter defined, that is generally open to and frequently used by the public during periods of fire danger. For the purpose of these rules and regulations, the term "other road" shall be defined as those roads owned or controlled by private individuals, partnerships or corporations, or by public agencies, including, without limitation, the department or the United States Forest Service, and which provide the principal access during periods of fire danger where normal use is seventy-five vehicles or more per week to geographic features of significant public interest and use such as lakes, streams, established viewpoints, lava tubes, ice caves, features of unique geological interest, recreational parks and developments or other facilities intended for frequent public use;

(3) Any additional fire hazard within a distance of two hundred feet, if required in writing by the department, and up to a maximum of five hundred feet, adjacent to public campgrounds, school grounds, other areas of frequent concentrated public use, buildings in use as residences (furnished and being occupied or available for immediate occupancy) and other buildings or structures valued at one thousand dollars or more, which are not owned by the owner of the land upon which such additional fire hazard exists;

(4) The department may identify other specific areas of additional fire hazard, with comparable high risk of ignition and/or a threat to life and property and, upon written notification, require abatement.

(1) A forest landowner shall be absolutely liable for fire suppression costs for any fire that occurs within an extreme fire hazard created by eight hundred or more contiguous acres of additional fire hazard when:

(a) The additional fire hazard's origin is less than five years, except when:

(i) The material is fifty percent or more Douglas fir by volume, the time of origin shall be less than eight years; or

(ii) The material is fifty percent or more cedar by volume, the time of origin shall be less than twenty years.

(b) Its unisolated compartments comprise eight hundred acres or more regardless of ownership or logging pattern;

(c) Its composition comprises an average tonnage greater than nine tons per acre of material, three inches or less in diameter.

(2) The department may identify additional acres comprising eight hundred acres or more of additional fire hazard extending beyond these limitations of time, with comparable high hazard and/or a threat to life or property and, upon written notification, place absolute liability for fires with the forest landowner(s).

(3) Areas of additional fire hazard will be considered as one contiguous area, unless one of the following conditions are satisfied:

(a) The areas are separated by natural barriers of at least three hundred feet in width at their narrowest point. Natural barriers can include streams, ridge tops and/or areas not comprising an additional fire hazard;

(b) The areas are separated by a constructed barrier as provided in the definition of isolation;

(c) A combination of (a) and (b) of this subsection.

(1) Liability for the existence of an extreme hazard arises upon creation of the extreme hazard. No written notification by the department of its existence is required. Liability shall include any department suppression costs incurred during the act(s) of isolating, reducing or abating the extreme hazard.

(2) The owner(s) and/or person(s) responsible for the existence of an extreme fire hazard requiring abatement, as defined in WAC 332-24-650, shall abate the extreme fire hazard. The obligation to abate shall extend equally to all acreages of the extreme fire hazard, regardless of the number of owner(s) and/or person(s) responsible for its existence. The liability for the existence of the extreme fire hazard continues until the extreme fire hazard is abated.

(3) The owner(s) and/or person(s) responsible for the existence of an extreme fire hazard, as defined in WAC 332-24-652, may isolate and/or reduce the extreme fire hazard to remove the absolute liability associated with its existence. The liability assumed for the existence of the extreme fire hazard shall extend equally to all acreages involved, regardless of owner(s) and/or person(s) responsible for its existence. Isolation, when used, must be maintained for a period of eight years from creation of the extreme fire hazard, unless the extreme fire hazard is otherwise eliminated prior to that time. Isolation and/or reduction may be performed in any manner consistent with existing statutes, these regulations or as approved in writing by the department.

The department may, following ten days' notice to the owner(s) and/or person(s) responsible for an extreme fire hazard that must be abated, summarily cause it to be abated, except that broadcast burning shall not be used by the department as an abatement procedure without prior written consent of all the owner(s) and/or person(s) responsible. This summary action may be taken ten days after notice as required by RCW 76.04.660. Obligations for recovery of costs incurred by the department shall be in accordance with RCW 76.04.660 and shall be prorated by the department to the owner(s) and/or person(s) responsible for the extreme fire hazard on the ratio of their acres of involvement to the total acres involved.

The owner(s) and/or person(s) responsible for an extreme fire hazard may identify, in writing, the procedures, or the natural or other processes which were taken to abate, isolate or reduce the extreme fire hazard and request the department to declare, in writing, whether the area does or does not constitute an extreme hazard. Absence of such a request on the part of the owner(s) and/or person(s) responsible for an extreme fire hazard will not prejudice their defense in the event of a fire.

As an alternative, the owner(s) and/or person(s) responsible may implement a plan of increased protection, which has received prior written approval of the department, for the specific location.

(1) It is determined that some forest lands within Kitsap County are best protected by fire protection districts. Therefore, the forest lands, situated within the following fire districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Central Kitsap Fire and Rescue Formerly Fire Protection District 1. All forest lands, except state and federal owned forest lands within the legal description as follows: Township 25 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36; Township 25 North Range 1 West, W.M., Sections 1, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, the N 1/2 of Section 25, the N 1/2 of Section 26, the N 1/2 of Section 27, the N 1/2 of Section 28, the NW 1/4 and the N 1/2 NE 1/4 of Section 29, the N 1/2 of Section 30; Township 25 North, Range 2 West, W.M., Sections 25, 26, 27, 34, 35, 36; Township 26 North Range 1 West, W.M., Sections 25, 36; Township 25 North, Range 2 East, W.M., Sections 19, 30, 31; Township 24 North, Range 2 East, W.M., Sections 6, 7, 18; Township 24 North, Range 1 East, W.M., Sections 1, 2, 3, 8, 10, 11, 12, 17, 20.

(b) Fire Protection District 2. All forest lands except state and federal owned forest lands within the legal description as follows: Township 24 North, Range 2 East W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15; Township 25 North, Range 2 East W.M., Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36; Township 26 North, Range 2 East W.M., Sections 26, 27, 28, 33, 34, 35.

(c) North Kitsap Fire and Rescue Formerly Fire Protection District 4. All forest lands, except state, tribal and federal owned forest land within the legal description as follows: Township 26 North, Range 2 East, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 28, 29, 32; Township 26 North, Range 3 East, W.M., Sections 6, 7, 18.

(d) Fire Protection District 7. All forest lands, except state and federal owned forest lands within the legal description as follows: Township 24 North, Range 1 East, W.M., Sections 3, 10, 15, 16, 21, 22, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36; Township 24 North, Range 1 West, W.M., Sections 31, 32, 33, the S 1/2 of Section 29; the S 1/4 of Section 34, the SW 1/4 of Section 35; Township 24 North, Range 2 East, W.M., Sections 8, 9, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35; Township 23 North, Range 2 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33, 34; Township 23 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36; Township 22 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12; Township 22 North, Range 2 East, W.M., Sections 3, 4, 5, 6, 7, 8, 9, 10; Township 23 North, Range 1 West, W.M., Sections 1, 2, 3, 10, 11, 14, 15, 22, the W 1/2 of Section 12, the W 1/2 of Section 13.

(e) North Kitsap Fire and Rescue Formerly Fire Protection District 10. All forest lands, except state and federal owned lands within the legal description as follows: Township 27 North, Range 2 East, W.M., Sections 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36.

(f) Central Kitsap Fire and Rescue Formerly Fire Protection District 12. All forest lands except state and federal owned forest land within the legal description as follows: Township 25 North, Range 1 West, W.M., Sections 25, 26, 27, 34, 35, 36; Township 25 North, Range 1 East, W.M., Sections 29, 32, 33, the SE 1/4 SE 1/4 of Section 30, the E 1/2 and the E 1/2 SW 1/4 of Section 31; Township 24 North, Range 1 West, W.M., Sections 1, 2, 3; Township 24 North, Range 1 East, W.M., Sections 4, 5, 8, the S 1/2 and the NE 1/4 and the E 1/2 NW 1/4 of Section 6, the N 1/2 and the N 1/2 SE 1/4 and the SE 1/4 SE 1/4 and the E 1/2 NW 1/4 SW 1/4 of Section 7, the SW 1/4 of Section 17, the NW 1/4 and the N 1/2 SW 1/4 and the SW 1/4 SW 1/4 of Section 20.

(g) North Kitsap Fire and Rescue Formerly Fire Protection District 14. All forest lands, except state, tribal and federal owned forest lands within the legal description as follows: Township 28 North, Range 1 East, W.M., Sections 12, 13; Township 28 North, Range 2 East, W.M., Sections 7, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 34, 35, the E 1/4 of Section 28, the W 1/2 of Section 29, the W 3/4 of Section 32, the E 1/4 of Section 33; Township 27 North, Range 2 East, W.M., Sections 2, 3, 4, 9, 10, 11.

(h) Fire Protection District 18. All forest lands except state, tribal and federal owned forest lands within the legal description as follows: Township 27 North, Range 2 East, W.M., Sections 5, 6, 8, the S 1/2 and E 1/2 NE 1/4 of Section 31; Township 27 North, Range 1 East, W.M., Sections 1, 12, 14, 22, 23, 26, 27, 28, 33, 34, 35, the W 1/2 of Section 13, the SE 1/4 and the W 1/2 NW 1/4 and the NW 1/4 SW 1/4 and the SE 1/4 SW 1/4 of Section 36; Township 26 North, Range 2 East, W.M., Sections 6, 7, 18, 19, 30, 31; Township 26 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36; Township 25 North, Range 2 East, W.M., Section 6.

(2) Forest lands removed from the forest protection zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The transfer of fire protection responsibility is effective January 1, 2006.

(1) It is determined that some forest lands within Pierce County are best protected by fire protection districts. Therefore, the forest lands, situated in the following fire protection districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Fire Protection District 1. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 4 East, W.M., Sections 22, 23, 25, 26, 27, 35, 36; Township 20 North, Range 5 East, W.M., Sections 19, 20, 29, 30, 31, 32; Township 19 North, Range 5 East, W.M., Sections 5, 6; Township 19 North, Range 4 East, W.M., Section 1.

(b) Fire Protection District 5. All forest lands, except state and federal forest lands within the legal description as follows: Township 22 North, Range 1 East, W.M., Sections 13, 24, 25, 26, 34, 35, 36; Township 22 North, Range 2 East, W.M., Sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33; Township 21 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34, 35, 36; Township 21 North, Range 2 East, W.M., Sections 4, 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33; Township 20 North, Range 1 East, W.M., Sections 1, 2, 11, 12, 13; Township 20 North, Range 2 East, W.M., Sections 5, 6, 7, 18.

(c) Fire Protection District 6. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 3 East W.M., Sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 23, 24, 45; Township 19 North, Range 3 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53; Township 19 North, Range 4 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 35, the N 1/2 SW 1/4 of Section 36, Section 38; Township 20 North, Range 3 East W.M., Sections 11, 13, 14, 23, 24, 25, 26, 27, 31, 34, 35, 36, 39, 41; Township 20 North, Range 4 East W.M., Sections 19, 29, 30, 31, 32.

(d) Fire Protection District 10. All forest lands, except state and federal forest lands within the legal description as follows: Township 21 North, Range 4 East, W.M., Sections 30, 31; Township 20 North, Range 3 East, W.M., Sections 1, 2, 11, 12, 13; Township 20 North, Range 4 East, W.M., Sections 5, 6, 7, 8.

(e) Fire Protection District 12. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 5 East, W.M., Sections 25, 26, 27, 34, 35, 36; Township 20 North, Range 6 East, W.M., Sections 31, 32; Township 19 North, Range 5 East, W.M., Sections 1, 2, 11, 12; Township 19 North, Range 6 East, W.M., Sections 4, 5, 6, 7, 8, 9, 10, 16.

(f) Fire Protection District 13. All forest lands, except state and federal forest lands within the legal description as follows: Township 21 North, Range 3 East, W.M., Sections 16, 17, 20, 21.

(g) Fire Protection District 14. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 3 East, W.M., Sections 11, 12, 13, 14, 24; Township 20 North, Range 4 East, W.M., Sections 18, 19, 20, 29, 30.

(h) Fire Protection District 16. All forest lands except state and federal forest lands within the legal description as follows: Township 22 North, Range 1 West, W.M., Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36; Township 21 North, Range 1 West, W.M., Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36; Township 20 North, Range 1 West, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 35, 36; Township 20 North, Range 1 East, W.M., Sections 6, 7, 18, 19; Township 19 North, Range 1 West, W.M., Sections 1, 2; Township 22 North, Range 1 East, W.M., Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33; Township 21 North, Range 1 East, W.M., Sections 5, 6.

(i) Fire Protection District 18. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 4 East, W.M., the NE 1/4 and the S 1/2 of Section 1, 12; Township 18 North, Range 5 East, W.M., Sections 5, 6, 7, Section 8 west of Orville Road, Section 17 west of Orville Road; Township 19, Range 4 East, W.M., the S 1/2 SE 1/4 of Section 1, Sections 12, 13, 24, the NE 1/4 and the E 1/2 NW 1/4 and the NE 1/4 NW 1/4 and the SE 1/4 of Section 25, Section 26, the SE 1/4 NE 1/4 and the E 1/2 SE 1/4 of Section 36, Sections or Claim Numbers 37, 38; Township 19 North, Range 5 East, W.M., the S 1/2 S 1/2 of Section 6, the N 1/2 NE 1/4 and the SW 1/4 NE 1/4 and the W 1/2 of Section 7, the W 1/2 of Section 18, the W 1/2 SE 1/4 west of Carbon River in Section 19, south of Carbon River in Section 30, Sections 31, 32, Sections or Claim Numbers 37, 38, 40.

(j) Fire Protection District 21. All forest lands, except state and federal forest lands within the legal description as follows: Township 17 North, Range 3 East, W.M., Sections 1, 2, 11, 12; Township 17 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; Township 17 North, Range 5 East, W.M., Sections 4, 5, 6, 7; Township 18 North, Range 3 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, 35, 36; Township 18 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 18 North, Range 5, East W.M., Sections 18, 19, 20, 29, 30, 31, 32, 33; Township 19 North, Range 4 East, W.M., Sections 28, 29, 30, 31, 32, 33, 34.

(k) Fire Protection District 22. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 5 East, W.M., the S 1/2 S 1/2 SW 1/4 west of the top of the westerly bluff of the White River Gorge in Section 2, the SW 1/4 NE 1/4 and the NW 1/4 and the S 1/2 of Section 3, Sections 4, 5, the E 1/2 of Section 7, Sections 8, 9, 10, Section 11 west of the top of the westerly bluff of the White River Gorge, the SW 1/4 SW 1/4 of Section 13, Section 14 west of the top of the westerly bluff of the White River Gorge, Sections 15, 16, 17, the NE 1/4 and the N 1/2 SE 1/4 and the SE 1/4 SE 1/4 of Section 18, the N 1/2 and the SE 1/4 SW 1/4 and the SE 1/4 of Section 20, Sections 21, 22, 23, the NW 1/4 NW 1/4 and the S 1/2 NW 1/4 and the SW 1/4 of Section 24, the N 1/2 NE 1/4 and the N 1/2 NW 1/4 of Section 29.

(l) Fire Protection District 24. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 5 East, W.M., Sections 3, 4, the NE 1/4 and the E 1/2 SW 1/4 and the SW 1/4 SW 1/4 north of Rhodes Lake Road and the SE 1/4 of Section 5, Section 8 north of Rhodes Lake Road, the E 1/2 and the NW 1/4 north of Rhodes Lake Road in Section 9, Section 10, the S 1/2 of Section 11, the N 1/2 of Section 14.

(m) Fire Protection District 27. All forest lands, except state and federal forest lands on Anderson Island.

(2) Forest lands removed from the forest protections zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The exchange of fire protection responsibility involving Fire Protection District 21 will be effective January 1, 1994.

(4) The exchange of fire protection responsibility involving Fire Protection District 27 will be effective January 1, 1997.

(5) The exchange of fire protection responsibility involving Fire Protection Districts 6, 18, 22, and 24 will be effective January 1, 1998.

(6) The exchange of fire protection responsibility involving Fire Protection Districts 1, 5, 10, 12, 13, 14, and 16 will be effective January 1, 2006.

(1) It is determined that some forest lands within King County are best protected by fire protection districts. Therefore, the forest lands, situated within the following fire protection districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Fire Protection District 2. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 3 East, W.M., Sections 25, 36; Township 23 North, Range 4 East, W.M., Sections 30, 31, 32; Township 22 North, Range 4 East, W.M., Sections 5, 6, 7.

(b) Fire Protection District 4. All forest lands, except state and federal lands, within the legal description as follows: Township 26 North, Range 3 East, W.M., Sections 1, 2, 11, 12, 13, 14; Township 26 North, Range 4 East, W.M., Sections 4, 5, 6, 7, 8, 9, 16, 17, 18.

(c) Fire Protection District 10. All forest lands, except King County, state and federal forest lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., the NE 1/4 and the S 1/2 and the SW 1/4 and the NW 1/4 of Section 1, the NW 1/4 and the S 1/2 of Section 2, Section 3, 10, 11, 12, 13; Township 24 North, Range 5 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, the NW 1/4 NW 1/4 and the SW 1/4 SW 1/4 of Section 35; Township 23 North, Range 6 East, W.M., E 3/4 of Section 3, Sections 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 36; Township 24 North, Range 6 East, W.M., the S 1/2 NW 1/4 and the N 1/2 SW 1/4 of Section 1, the S 1/2 and the S 1/2 NW 1/4 of Section 2, Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Section 26 north of Interstate 90, Section 27 north of Interstate 90, Section 28, the SE 1/4 and the S 1/2 SW 1/4 and the NE 1/4 SW 1/4 of Section 29, the N 1/2 NE 1/4 and the NE 1/4 NW 1/4 of Section 30, the N 1/4 E 1/2 of Section 32, Sections 33, 34; Township 25 North, Range 6 East, W.M., Sections 26, 27, 28, 32, 33, 34, the N 1/2 NW 1/4 and the SW 1/4 NW 1/4 of Section 35; Township 26 North, Range 6 East, W.M., Sections 25, 26, 35, 36; Township 23 North, Range 7 East, W.M., Sections 2, 3, 4, 10; Township 24 North, Range 7 East, W.M., Sections 18, 19, 20, 21, 28, 29, 30, 32, the W 3/4 of Section 33; Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 25 North, Range 7 East, W.M., that portion of the SW 1/4 west of the Tolt River of Section 1, the W 1/2 SW 1/4 of Section 3, Sections 4, 5, 6, 7, 8, 9, the W 3/4 and the E 1/2 SE 1/4 of Section 10, the SE 1/4 SW 1/4 and that portion of the E 1/2 west of the Tolt River of Section 11, that portion of the NW 1/4 west of the Tolt River of Section 12, the N 3/4 W 1/2 E 1/2 and the E 1/2 W 1/2 and the SW 1/4 SW 1/4 of Section 14, the W 1/2 and the S 1/2 SE 1/4 of Section 15, Sections 16, 17, 20, 21, 22, the W 1/4 of Section 23, the SE 1/4 and the NW 1/4 and the NE 1/4 SW 1/4 of Section 26, the N 1/4 and the W 1/4 of Section 27, Sections 28, 29, 30, 32, 33, that portion west of Griffin Creek of Section 34; Township 26 North, Range 7 East, W.M., the SW 1/4 and the S 1/2 SE 1/4 of Section 26, Sections 27, 31, 32, 33, the W 1/4 and the N 3/4 E 1/2 W 1/2 of Section 34, the N 1/2 and the E 3/4 N 1/2 S 1/2 of Sections 35, Section 36.

(d) Fire Protection District 11. All forest lands, except state and federal lands, within the legal description as follows: Township 24 North, Range 3 East, W.M., Sections 32, 33; Township 23 North, Range 3 East, W.M., Sections 4, 5, 6, 7, 8, 9; Township 23 North, Range 3 East, W.M., Sections 1, 2, 11, 12.

(e) Fire Protection District 13. All forest lands, except state and federal lands, located on Vashon or Maury Island.

(f) Fire Protection District 14. All forest lands, except state and federal lands, within the legal description as follows: Township 24 North, Range 5 East, W.M., Sections 10, 11, 14, 15, 22, 23.

(g) Fire Protection District 20. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 4 East, W.M., Sections 1, 11, 12, 13, 14; Township 23 North, Range 5 East, W.M., Sections 6, 7, 18.

(h) Fire Protection District 24. All forest lands, except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 2, 3; Township 23 North, Range 4 East, W.M., Sections 34, 35.

(i) Fire Protection District 25. All forest lands, except state and federal lands, within the legal description as follows: Township 24 North, Range 5 East, W.M., Sections 20, 27, 29, 32, 33, 34; Township 23 North, Range 5 East, W.M., Sections 3, 4, 5, 8, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 23 North, Range 6 East, W.M., Sections 18, 19.

(j) South King Fire and Rescue Formerly Fire Protection District 26. All forest lands except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 5, 8, 9, 16, 17, 20, 21, 28, 29, 32; Township 21 North, Range 4 East, W.M., Section 5.

(k) South King Fire and Rescue Formerly Fire Protection District 39. All forest lands, except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 23, 26, 34, 35; Township 21 North, Range 4 East, W.M., Sections 2, 3, 4, 9, 10, 11, 14, 15, 21, 22, 23, 26, 27, 28, 30, 32, 33, 34, 35; Township 21 North, Range 3 East, W.M., Sections 1, 10, 11, 12, 13, 14, 23, 24, 25.

(l) Fire Protection District 27. All forest lands, except state and federal forest lands, within the legal description as follows: Township 24 North, Range 6 East, W.M., Section 12; Township 24 North, Range 7 East, W.M., Sections 3, 4, the E 1/4 and the N 1/2 NW 1/4 of Section 5, the N 3/4 E 1/2 W 1/2 and the W 1/2 E 1/2 and the NE 1/4 NE 1/4 and the SE 1/4 SE 1/4 of Section 6, the N 1/2 of Section 7, Sections 8, 9, 10, 11, 13, 14, 15, 16, 17, the E 1/2 of Section 18, the NE 1/4 of Section 19, Sections 20, 21, 22, 23, 24, 25, 26, 27, 35; Township 25 North, Range 7 East, W.M., Section 30, the E 3/4 and the N 3/4 W 1/4 of Section 31, the SW 1/4 and the E 1/2 SE 1/4 of Section 32, Sections 33, 34; Township 24 North, Range 8 East, W.M., the W 1/2 NW 1/4 of Section 19.

(m) Fire Protection District 28. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 6 East, W.M., Section 1 north of the White River; Township 19 North, Range 7 East, W.M., Section 6 north of the White River; Township 20 North, Range 5 East, W.M., Section 13 east of the White River, and Section 24 east of the White River; Township 20 North, Range 6 East, W.M., Section 1, the E 1/2 of Section 8, Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, Section 19 north of the White River, Sections 20, 21, 22, 23, 24, 25, 26, 27, 28, Section 29 north of the White River, Section 30 north of the White River, Section 32 north of the White River, Section 33 north of the White River, Section 34 north of the White River, Section 35 north of the White River, Section 36 north of the White River, Section or Claim Number 37; Township 20 North, Range 7 East, W.M., Sections 6, 7, 18, 19, 30, 31.

(n) Fire Protection District 34. All forest lands, except state and federal lands, within the legal description as follows: Township 25 North, Range 6 East, W.M., Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26, 29; Township 25 North, Range 7 East, W.M., Sections 18, 19, 30; Township 25 North, Range 5 East, W.M., Sections 3, 10, 11, 12, 13, 14; Township 26 North, Range 6 East, W.M., Sections 27, 28, 29, 30, 31, 32, 33, 34; Township 26 North, Range 5 East, W.M., Sections 25, 26, 27, 28, 34.

(o) Fire Protection District 36. All forest lands, except state and federal lands, within the legal description as follows: Township 26 North, Range 5 East, W.M., Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24; Township 26 North, Range 6 East, W.M., Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22.

(p) Fire Protection District 37. All forest lands except state and federal lands within the legal description as follows: Township 22 North, Range 5 East, W.M., Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 23, 24, 30, 31, 32, 33; Township 22 North, Range 6 East, W.M., Sections 18, 19, 29, 30, 31; Township 22 North, Range 4 East, W.M., Sections 25, 36.

(q) Fire Protection District 38. All forest lands, except state and federal forest lands, within the legal description as follows: Township 23 North, Range 7 East, W.M., Section 1; Township 24 North, Range 7 East, W.M., Section 36; Township 23 North, Range 8 East, W.M., Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 35; Township 24 North, Range 8 East, W.M., Sections 17, 18, 19, 20, 21, the S 3/4 of Section 26, that portion of the SE 1/4 of Section 27 as bounded by 428th Avenue SE on the west and north and section line on the east and south, the N 1/2 and the SW 1/4 of Sections 28, 29, 30, 31, 32, 33, the E 1/2 and the S 3/4 of the W 1/2 of Section 34, Section 35; Township 23 North, Range 9 East, W.M., Sections 7, 17, 18, 19, 30.

(r) Fire Protection District 40. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., Sections 22, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36.

(s) Fire Protection District 43. All forest lands, except state and federal forest lands, within the legal description as follows: Township 22 North, Range 5 East, W.M., Section 12; Township 23 North, Range 5 East, W.M., Section 24; Township 22 North, Range 6 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, that portion of the SE 1/4 of Section 25 as bounded by 268th Avenue SE on the west, SE 264th Street on the north and section line on the east and south, Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, that portion of the NE 1/4 of Section 36 as bounded by 268th Avenue SE on the west, SE Ravensdale Way on the south, Landsburg Road SE on the west and section line on the north; Township 23 North, Range 6 East, W.M., Sections 19, 29, 30, 31, 32, 33, 34, 35, 36; Township 22 North Range 7 East, W.M., Sections 5, 6, 7, 8, 18, 19, 32.

(t) Fire Protection District 44 portions of which were formerly Fire Protection District 46. All forest lands, except state and federal lands, within the legal description as follows: Township 21 North, Range 5 East, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 34, 35, 36; Township 21 North, Range 6 East, W.M., Sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 20 North, Range 6 East, W.M., Sections 2, 3, 4, 5, 6, 7, 8; Township 20 North, Range 5 East, W.M., Sections 1, 2, 11, 12.

(u) Fire Protection District 45. All forest lands within the legal description as follows: Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 26 North, Range 6 East, W.M., Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36; Township 26 North, Range 7 East, W.M., the N 3/4 of the W 1/2 of Section 3, Sections 4, 5, 6, 7, 8, 9, the S 1/2 and the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of Section 14, the SW 1/4 and the S 1/2 NW 1/4 and the NW 1/4 NW 1/4 of Section 15, Sections 16, 17, 18, 19, 20, 21, 22, the E 1/2 NE 1/4 and the N 3/4 W 1/2 W 1/2 and all remaining land north of Stossel Creek County Road in Section 23, Sections 28, 29, 30, 31, 32, 33.

(2) Forest lands removed from the protection zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The exchange of fire protection responsibility involving Fire Protection District 13 will be effective August 18, 1990.

(4) The exchange of fire protection responsibility involving Fire Protection Districts 38, 43, and 45 will be effective January 1, 1994.

(5) The exchange of fire protection responsibility involving Fire Protection Districts 2, 4, 10, 11, 14, 20, 24, 25, 27, 28, 31, 34, 36, 37, 40, 41, 42, 44, 46, and South King Fire and Rescue will be effective January 1, 2006.

As used in this chapter, subchapter and section captions constitute no part of the law.