Chapter 2.24
FIRE DEPARTMENT*

Sections:

2.24.010    Creation.

2.24.030    Hazardous materials command agency.

2.24.040    Assistance agreements – Authorized – Liability.

2.24.050    Same – Terms.

2.24.060    Same – Notification at incident.

*Cross reference(s) – Civil service commission of the fire department, ch. 2.52; disability board, ch. 2.55; indemnification, ch. 2.96; personnel, title 2, subtitle IV; fireman’s relief and pension fund, § 3.40.900; fire prevention and protection, ch. 13.01 et seq.

State law reference(s) – Civil service commission, RCW 41.08.030.

2.24.010 Creation.

There is hereby created the city fire department. The department shall be supervised by the fire chief. With the exception of the incumbent chief, who shall remain subject to the city’s civil service system, the position of fire chief shall be exempt from and shall not be a classified position under the city’s civil service system. The fire chief shall be appointed by and serve at the pleasure of the mayor. All appointees to the position of fire chief are terminable at will by the mayor except for the incumbent chief who shall be subject to the city’s civil service rules and regulations relating to demotion and termination.

(Ord. No. 1009, § 1; Ord. No. 2372, § 1; Ord. No. 3150, § 4, 1-4-94. Formerly Code 1986, § 2.26.040)

2.24.030 Hazardous materials command agency.

The city fire department is designated as the hazardous materials incident command agency for all hazardous materials incidents within the corporate limits of the city.

(Ord. No. 2372, § 2. Formerly Code 1986, § 2.26.100)

Cross reference(s) – Uniform fire code, ch. 13.02.

2.24.040 Assistance agreements – Authorized – Liability.

The fire chief is authorized to enter into agreements with persons, agencies, and corporations who may provide assistance with respect to a hazardous materials incident. In accordance with the provisions of Chapter 4.24 RCW, such persons, agencies, and corporations are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct, provided:

1. The city fire department and the person whose assistance is requested have entered into a written hazardous materials assistance agreement prior to the incident which incorporates the terms of KCC 2.24.050, except as specified in KCC 2.24.060.

2. The request for assistance comes from the city fire department.

(Ord. No. 2372, § 2. Formerly Code 1986, § 2.26.110)

2.24.050 Same – Terms.

A. Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:

1. The person requested to assist shall not be obligated to assist;

2. The person requested to assist may act only under direction of the incident commander or his representative;

3. The person requested to assist may withdraw his assistance if he deems the actions or directions of the incident commander to be contrary to accepted hazardous materials response practices;

4. The person requested to assist shall not be a public employee acting in his official capacity within the boundaries of his political subdivision;

5. Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in KCC 2.24.040.

B. It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested for recording the name of the person whose assistance is requested and the time and date of the request, which records shall be retained for three (3) years by the city fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.

(Ord. No. 2372, § 2. Formerly Code 1986, § 2.26.120)

2.24.060 Same – Notification at incident.

A. The chief of the fire department or his representative may enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident commander or his representative to the person whose assistance is requested. The incident commander and the person whose assistance is requested shall both sign the notification which appears in subsection (B) of this section, indicating the date and time of signature. If a requesting agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.

B. The notification required by subsection (A) of this section shall be as follows:

NOTIFICATION OF
“GOOD SAMARITAN” LAW

You have been requested to provide emergency assistance by a representative of a hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed “good samaritan” legislation, RCW 70.136.050, to protect you from potential liability. The law reads, in part:

     “Any person who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.”

The law requires that you be advised of certain conditions to ensure your protection:

1. You are not obligated to assist and you may withdraw your assistance at any time.

2. You cannot profit from assisting.

3. You must agree to act under the direction of the incident commander.

4. You are not covered by this law if you caused the initial accident or if you are a public employee doing your official duty.

I have read and understand the above.

    (Name) ___________________________

    Date __________ Time _____________

     I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.

    (Name) ___________________________

    (Agency) __________________________

    Date __________ Time _____________

(Ord. No. 2372, § 2. Formerly Code 1986, § 2.26.130)

State law reference(s) – Special immunities, RCW 4.24.005 et seq.