Chapter 6.90
HAZARDOUS MATERIALS INCIDENTS
Sections:
6.90.020 Hazardous materials emergency assistance agreement—Authorized.
6.90.030 Hazardous materials emergency assistance agreement—Terms and conditions—Procedures.
6.90.040 Verbal hazardous material emergency assistance agreements authorized—Notification.
6.90.010 Designation of hazardous materials incident command agency—Hazardous materials incident defined.
A. The Yakima fire department is designated as the hazardous materials incident command agency for all hazardous materials incidents within the city of Yakima.
B. For the purpose of this chapter, a “hazardous materials incident” means an incident creating a danger to persons, property or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof. (Ord. 2636 § 1 (part), 1982).
6.90.020 Hazardous materials emergency assistance agreement—Authorized.
The chief of the Yakima fire department is authorized to enter into agreements with persons, agencies, and/or corporations who may provide assistance with respect to a hazardous materials incident. In accordance with the provisions of RCW Chapter 4.24, such persons, agencies, and/or 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 omission constituting gross negligence or willful or wanton misconduct, provided:
1. The Yakima fire department and the person whose assistance is requested have entered into a written hazardous materials assistant agreement prior to the incident which incorporates the terms of YMC 6.90.030, except as specified in YMC 6.90.040; and
2. The request for assistance comes from the Yakima fire department. (Ord. 2636 § 1 (part), 1982).
6.90.030 Hazardous materials emergency assistance agreement—Terms and conditions—Procedures.
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 profit from rendering the assistance;
5. The person requested to assist shall not be a public employee acting in his official capacity within the boundaries of his political subdivision;
6. Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in YMC 6.90.020.
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 years by the Yakima fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 2636 § 1 (part), 1982).
6.90.040 Verbal hazardous material emergency assistance agreements authorized—Notification.
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 willful 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 designated hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed “Good Samaritan” Legislation (Chapter 4.24 RCW, part) 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 willful 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)_____________________________
Date_____________ Time_____________
(Ord. 2636 § 1 (part), 1982).