Local Government Fire Services - Authority and Requirements

Contents

Constitutional Authority

• Article XI, §11, Washington State Constitution - General police powers of counties, cities, and towns.

Statutory Authority

Counties

• RCW 36.01.105 - Financial and other assistance authorized.
• RCW 36.32.470 - Financial and other assistance authorized.
• Title 52 RCW - Provides for formation of fire protection districts.

Special Districts

• RCW 52.02.020 - Authorizes formation of fire protection districts for provision of fire protection services, fire suppression services, emergency medical services, and for the protection of life and property in areas outside cities and towns, except where cities and towns have annexed to a fire protection district, or where such existing district is continuing service pursuant to RCW 35.02.202.
• Ch 52.26 RCW - Authorizes the formation of regional fire protection authorities whose boundaries are coextensive with two or more adjacent fire protection jurisdictions
  • Regional Fire Authority:  Implementation Guide for Fire Departments in Washington State ( 545 KB), jointly developed by the Washington Fire Chiefs (WFC) and the Washington State Council of Fire Fighters (WSCF), September 2008.
• RCW 53.25.100 - Port districts wherein  industrial development districts have been established are authorized and empowered to to provide, maintain, and operate ... fire protection facilities and services

All Cities and Towns

• RCW 35.02.190 through RCW 35.02.220 - Provide for and outline procedures for annexation/incorporation of fire protection district areas, assets, and activities upon incorporation of a new city or town.
• RCW 35.13.215 through RCW 35.13.249 - Provide for transfer of employees and assets in cases of annexation/incorporation of all or a portion of fire protection district into a city or town.
• RCW 35.21.030 - Authority to provide for protection from fire and for auxiliary water systems.
• RCW 35.21.770 - Provides that upon adoption by a two-thirds vote of the full legislative body, the legislative body of any city or town may authorize any of its members to serve as volunteer fire fighters, volunteer ambulance personnel, or reserve law enforcement officers, or any two such positions, and may receive the same compensation, insurance, and other benefits received by others.
• RCW 35.21.775 - Authorizes fire protection to state owned facilities.
• RCW 35.21.778 - Provides that existing contracts (prior to 1992) for fire protection services and equipment are not abrogated.
• RCW 35.84.040 - Authorizes use of fire equipment and personnel outside the city's or town's jurisdiction under such conditions as are determined by the governing body.
• RCW 35.84.050 - Injury sustained by fire personnel outside the city or town when such injury occurs during an authorized function is deemed an injury sustained during a municipal function.

First Class Cities

• RCW 35.22.195 - General authorization of functions.
• RCW 35.22.280 (22) - Authority to provide for the prevention and extinguishment of fires.
• RCW 35.22.280 (23) - Authority to set fire limits and establish building regulations.

Second Class Cities

• RCW 35.23.440 (1) - General power and authority.
• RCW 35.23.440 (19) - Authority to control combustibles.
• RCW 35.23.440 (21) - Authority to establish a fire department.
• RCW 35.23.440 (22) - Authority to establish a water supply system.
• RCW 35.23.440 (50) - Authority to establish safety and sanitary measures, including fire escapes.

Towns

• RCW 35.27.370 (3) - Authority to establish water system.
• RCW 35.27.370 (6) - Authority to provide fire engines and means for prevention and extinguishment of fires.
• RCW 35.27.370 (16) - General authority, to organize services.
• RCW 35.27.400 - Authority to establish fire limits.

Code Cities

• RCW 35A.01.010 - Authorizes broadest powers possible and provides that grant of authority is to be liberally construed.
• RCW 35A.11.020 - Authorizes the city or town legislative body to have all powers possible under the state constitution and not specifically denied.
• RCW 35A.11.110 - Authorizes the legislative body, by resolution and a two-thirds vote of the full legislative body, to allow its members to serve as volunteer firefighters, reserve law enforcement officers, or both.
• RCW 35A.12.020 - Authority, duties and qualifications of all appointive officers to be provided by charter or ordinance.
• RCW 35A.12.190 - Authorizes the legislative body to have all powers possible and refers to Chapter 35A.11 RCW.
• RCW 35A.21.030 - Mandatory duties of code city officers.

Unclassified Cities

• RCW 35.30.010 (8) - General grant of authority (additional powers).

Commission Form Cities

• RCW 35.17.010 (1) - Provides for a department of public safety of which the mayor shall be the superintendent.

Council-Manager Plan Cities

• RCW 35.18.080 - Authorizes the creation of departments as may be found necessary.

Other Statutes

• RCW 14.08.120(2) - Municipalities Operating Airports -Any county, city, town, airport district, or port district operating airports are authorized to provide fire protection for the airport, including the acquisition and operation of fire protection equipment and facilities
• RCW 43.43.930 - State fire protection services  - Requirements
• RCW 43.43.960- .964 - State Fire Mobilization  - Regional Fire Service Plans

Requirements

Levels of Service - State law does not contain specific requirements regarding the level of fire services to be provided by Washington counties, special districts, cities, or towns. Provision of such services and the level of service is a policy decision for the particular legislative body to determine.

Performance Measures - In 2005 legislation was enacted that certain governmental entities (cities and towns, fire
protection districts and regional fire protection service authorities, and port districts) set standards for addressing the reporting and accountability of substantially career fire departments, and specify performance measures applicable to response time objectives. These  performance measures are comparable to research relating to substantially career fire  department organization and deployment. The authority of these governmental entities to set  levels of service is not modified or limited.

• Chapter 35.103 RCW - Cities and Towns - Fire departments — performance measures
• Ch 35A.92 RCW - Code City - Fire departments — performance measures
• Ch 52.33 RCW - Fire Protection Districts and Regional Fire Service Authorities - Fire departments -- Performance measures
• Ch 53.56 RCW - Port District Fire Department - Performance Measures

Civil Service

Cities and Towns -  If a city or town has one full-time fire employee, including the fire chief, it is required by state law to establish a fire civil service system, unless it has provided for civil service in the fire department by a system to substantially accomplish the purposes of the state civil service provisions contained in Chapter 41.08 RCW. This includes a requirement to establish a fire civil service commission. Pursuant to RCW 41.08.050, by specific action of the governing body, a city or town may exclude a fire chief from civil service coverage provided they do so prior to that person's appointment to the position.

Regional Fire Service Authority  - If a Regional Fire Service Authority is created, and if any or all of the participating fire protection jurisdictions provide for civil service in their fire departments, the collective bargaining representatives of the transferring employees and the participating fire protection jurisdictions must negotiate regarding the establishment of a civil service system within the authority. This does not apply if none of the participating fire protection districts provide for civil service ( RCW 52.26.100 (6)(b))

Mutual Aid - Cooperation Agreements - Contracts

• The Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes any two or more public agencies to enter into agreements with one another for joint or cooperative action.
• RCW 35.21.775  - Cities and Towns - Provision of fire protection services to state-owned facilities.
• RCW 52.30.020  - Fire Districts  - Property of public agency included within district -- Contracts for services
• RCW 76.04.135 - Department of Natural Resources - Cooperative agreements  - Public Agencies -  Provides  the department may enter into a contract or agreement with a municipality, county, state, or federal agency to provide fire detection, prevention, presuppression, or suppression services on property which they are responsible to protect.

Fire Services Mobilization

• RCW 43.43.960 - 43.43.975
  • RCW 43.43.963 - Provides for regional defense boards.  The boards shall develop regional fire service plans that include provisions for organized fire agencies to respond across municipal, county, or regional boundaries.
• Washington State Fire Services Resource Mobilization Plan - Washington State Fire Marshal’s Office