Chapter 8.30 HAZARDOUS MATERIALS INCIDENTS

Chapter 8.30
HAZARDOUS MATERIALS INCIDENTS

Sections:

8.30.040 Emergency assistance agreements – Terms and conditions.

8.30.010 Command agency designated.

In accordance with Chapter 4.24 RCW, and Chapter 172, Laws of 1982, of the state of Washington, the city council designates the fire department as the hazardous materials incident command agency within the boundaries of the city, except for state and interstate highway corridors. [In accordance with Section 4 of Chapter 172, Laws of 1982, the Washington State Patrol is the designated incident command agency along state and interstate highway corridors unless and until by mutual agreement that role is assumed by another designated incident command agency. Upon execution of any mutual agreement between the city and the Washington State Patrol designating the city as the incident command agency along state and interstate highway corridors, the city will thereby accept and the fire department will thereby become the designated command agency.] [Additionally, the fire department will become hazardous materials incident command agency for all hazardous materials incidents within the corporate limits of King County Fire District No. 38 area which is served by contract, upon being so designated by the board of commissioners of the fire district.] (Ord. 580 § 1, 1983).

8.30.020 Fire chief designated.

The fire chief is authorized to enter into agreements with persons, agencies and/or corporations who or which may provide assistance with respect to hazardous materials incidents. During a hazardous materials incident as defined in Section 2(4) of Chapter 172, Laws of 1982, any duly appointed member from the fire department may, in the absence of the fire chief, serve as the incident commander or his representative, in accordance with Section 7 of Chapter 172, Laws of 1982. (Ord. 580 § 2, 1983).

8.30.030 Limitation of liability.

In accordance with Chapter 4.24 RCW and Chapter 172, Laws of 1982, any person, individual, partnership, corporation, association, or agency which, in good faith, renders emergency care, assistance or advice with respect to a hazardous materials incident, to the full extent provided by law, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than for acts or omissions constituting gross negligence or wilful or wanton misconduct, if:

A. The fire department and the person or other whose assistance is requested have entered into a written hazardous materials assistance agreement prior to the incident which incorporates the terms and conditions of Section 6 of Chapter 172, Laws of 1982, except as specified in Section 7 of said act; and

B. The request for assistance comes from the fire department. (Ord. 580 § 3, 1983).

8.30.040 Emergency assistance agreements – Terms and conditions.

Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the terms and conditions set forth in Section 6 of Chapter of 172, Laws of 1982, and the fire department will undertake, along with other parties to such agreements, to insure that mutually agreeable procedures are established for identifying the designated incident command agency 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 years by the fire department. A copy of the official incident command agency designation shall be a part of any assistance agreement executed pursuant to this section. (Ord. 580 § 4, 1983).

8.30.050 Verbal emergency agreements.

In accordance with Section 7 of Chapter 172, Laws of 1982, the chief of the fire department or his representative may enter into verbal hazardous materials emergency assistance agreements at the scene of a hazardous materials incident where a written agreement has not been executed prior to the incident. A notification of the terms of Section 7 of Chapter 172, Laws of 1982, 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 as set forth in the subsection (2) of said Section 7, indicating the date and time of signature. The fire department members may not deliberately misrepresent individual or agency status in connection with the verbal emergency agreements. (Ord. 580 § 5, 1983).