Chapter 8.28
HAZARDOUS MATERIALS INCIDENTS
Sections:
8.28.010 Command agency designated.
8.28.020 Assistance agreements--Authorized--Nonliability.
8.28.030 Assistance agreements--Terms and conditions.
8.28.040 Emergency assistance agreements.
8.28.010 Command agency designated.
The city council designates the fire department as the hazardous materials incident command agency for all hazardous materials incidents within the corporate limits of the city. (Ord. 760 §1, 1983).
8.28.020 Assistance agreements--Authorized--Nonliability.
The chief of the fire department, with the approval of the mayor, 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 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 omissions constituting gross negligence or wilful or wanton misconduct, provided:
A. The chief of the 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 Section 8.28.030, except as specified in Section 8.28.040;
B. The request for assistance comes from the chief of the fire department, or his designee. (Ord. 760 §2, 1983).
8.28.030 Assistance agreements--Terms and conditions.
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 Section 8.28.020.
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 fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 760 §3, 1983).
8.28.040 Emergency assistance agreements.
A. The chief of the 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 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 directions 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. 760 §4, 1983).