Chapter 2.28
Fire Department1
Sections:
Article I. Volunteer
2.28.010 Department created--Chapter 41.08 RCW adopted by reference.
2.28.070 Relief and pension fund.
2.28.075 Reimbursement or compensation.
Article II. Professional
2.28.085 Duties and authority of the chief.
Article III. Hazardous Materials Incident Command Agency
2.28.100 Agreements authorized--Liability.
2.28.110 Agreements--Terms and conditions.
2.28.120 Emergency assistance agreements.
Article I. VOLUNTEER
2.28.010 Department created--Chapter 41.08 RCW adopted by reference.
(a) A department to be known as the fire department, the primary purposes of which shall include the prevention of fire, the provision of emergency medical services, the suppression of fires, and protection of life and property within the corporate limits of the city, is created as set forth in this chapter. The department shall consist of both volunteer firefighters, whose membership shall be as provided in Section 2.28.080(a)(2)(A) of this chapter, and such full-time employees as the city council may from timeto-time authorize. A full-time employee shall be deemed to be any individual who is required to participate in the provisions of and be a member in the law enforcement and firefighters retirement system, currently codified in RCW 41.26, as now existing or hereafter amended or succeeded, as a result of his or her employment with the department.
The department's funding shall be as provided by action of the city council through the adoption of the city's annual budget or any amendment or supplement thereto.
(b) In recognition of other provisions of the municipal code, except as provided in this section, the system commonly known as civil service for city firemen, as set forth in Chapter 41.08 RCW, is adopted for the full-time members of the fire department, excluding the chief. As provided in Section 2.64.010 of this code, the civil service system shall be unified with the civil service system for city policemen created under Chapter 2.64 M.M.C. The civil service commission shall administer the system according to rules prescribed in or adopted pursuant to the applicable authority, as it exists or may be amended at or after the effective date of the ordinance codified in this section. This section shall in no manner effect any vested right of any member currently employed by the department. (Ord. 1494 § 1, 2006).
2.28.020 (Repealed).
(Ord. 1494 § 6(part), 2006: Ord. 1443, 2001).
2.28.030 (Repealed).
(Ord. 1494 § 6(part), 2006: Ord. 1443, 2001).
2.28.040 (Repealed).
(Ord. 1494 § 6(part), 2006).
2.28.050 (Repealed).
(Ord. 1494 § 6(part), 2006).
2.28.060 (Repealed).
(Ord. 1494 § 6(part), 2006).
2.28.070 Relief and pension fund.2
Chapter 261 of the session laws of 1945 of the state of Washington, being the volunteer firemen's relief and pension fund, is adopted as though fully set out herein. (Ord. 660 § 1, 1948).
2.28.075 Reimbursement or compensation.
(a) Volunteers. Each volunteer member shall be paid from the funds budgeted by the city upon such bases and at such rates as may be recommended to the council by the mayor, after consultation with the chief and a remuneration committee selected by volunteer members of the department; provided, that, in making its decision, the council may adopt, reject, or modify any such recommendation. Further, as originally provided by Section 1, Ordinance 660.
(1) Volunteer members shall be enrolled in any program of retirement, injury, or disability coverage provided by the state pursuant to the provisions of RCW 41.16, RCW 41.18, or RCW 41.24, as now existing or hereafter amended or succeeded, whichever shall be applicable; and
(2) The city shall take such steps as may be required to administer, implement, and fund the program.
(b) Full-time Employees. All full-time employees of the department shall be paid at such rate as may be authorized by the council, either by the action of the council or pursuant to any collective bargaining agreement which may be applicable. (Ord. 1494 4, 2006).
Article II. PROFESSIONAL
2.28.080 Personnel.
(a) General Provisions.
(1) Fire Chief. The fire chief shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the fire chief's employment agreement in the manner provided by Section 2.64.015 M.M.C. and any other applicable ordinance or law. The compensation of the fire chief shall be of such components and in such amount as is established by the city council through an employment agreement executed between the city and the fire chief and, thereafter, as set forth in the city budget or employment contract, as the case may be. The chief shall be under the supervision and control of the mayor.
(2) Fire and Emergency Medical Services Staff. In addition to the chief, the fire department shall consist of such full time and volunteer members in such numbers as shall be authorized by the city council.
(A) As to volunteer members, the following provisions shall apply:
(i) Unless otherwise set by action of the council, whether in the form of ordinance or resolution, the presumptive authorized level of volunteer members shall be forty volunteers. Volunteer members shall be chosen through such process as may be approved by the council. Such process shall be developed through consultation with the volunteer membership, the full-time employees, and the chief. The process shall include one or more interviews with a committee composed of the chief and volunteers selected by the volunteer members of the department. Any applicant shall meet such qualifications as may be established from time-to-time by the council, after consultation as provided above, and satisfactorily complete such probationary period as may be established. The presumptive probationary period, in the absence of any other period being established by action of the council, shall be twelve months.
(ii) A volunteer member who has completed the probationary period may be disciplined, removed, or suspended only for cause. Such action shall be taken by the chief, upon either the recommendation of a majority of the volunteer members then serving or as a result of the chief's own conclusion. The member being disciplined, removed, or suspended shall be provided notice in writing as to the reason or reasons for such discipline, removal, or suspension and the specific action being taken. That member shall have a right to appeal any such action resulting in removal or suspension in the manner provided by Section 2.28.085(b)(3)(8) of this chapter.
For purposes of removal, cause shall include, but is not limited to, wilful violation of orders, failure to fulfill training requirements or attend required drills and meetings, or such other bases which would constitute cause for discipline of a full-time employee of the department covered by the civil service system of the city.
(B) Full-time employees shall be subject to the provisions of any applicable collective bargaining agreement or Chapter 2.64 M.M.C., as the case may be, as to selection, promotion, discipline, or discharge.
(3) Clerical Staff. The department may be augmented by such clerical personnel as the mayor and city council may from time-to-time provide. To the extent allowed by law, such clerical personnel shall neither be subject to nor under any of the civil service rules and regulations in force or effect.
(b) Officers. The department shall have such officers as may be established by action of the city council, such establishment being undertaken upon the recommendation of the mayor and the chief, after consultation with members of the volunteer and full-time elements of the department. The method of selecting of such officers shall be established by the council. After such establishment, such officers shall be appointed by the fire chief; provided, if the position is to be filled by a full-time firefighter, the provisions of the civil service system shall apply. (Ord. 1494 § 2, 2006).
2.28.085 Duties and authority of the chief.
(a) General Provision. The fire chief shall have all of the powers granted, together with the duties imposed, by the laws of the state and ordinances of the city relating to fire departments of optional municipal code cities.
(b) Specific Duties. By way of example and not by way of limitation, the chief, as the individual responsible for the direction and control of the department, shall have the following duties, authority, and responsibilities:
(1) To formulate a set of rules and regulations to govern the department, subject to the approval of the council, and shall be responsible to the council and mayor for the personnel, morale, and general efficiency of the department.
(A) Any such rule or regulation shall be submitted in writing to the council no less than thirty calendar days prior to its proposed effective date. The thirty days shall be deemed to commence upon the later of: (i) the date of the meeting of the city council at which the proposed rule or regulation is noted on the council's printed agenda; or (ii) the Tuesday following the provision of the proposed rule or regulation to the president, or in his or her absence, an officer of any nonprofit association or corporation which has as its members the volunteer members of the department.
To assure an adequate opportunity for review by the volunteer members, a copy of any proposed rule or regulation shall be provided to the president, or in his or her absence, an officer of the nonprofit corporation no later than the Friday preceding the second Monday of the month, that day being the business meeting day for the corporation. Further, it shall be posted upon such bulletin board at the fire hall as may be maintained for purposes of providing for general distribution of information, including directives.
(B) The council may ratify, reject, or amend any proposed rule or regulation in its entirety or in part. If during the thirty-day period the council suspends the effective date to allow further consideration, the rule or regulation shall not go into effect until approval by the council. In the event of no action by the council, the rule or regulation shall go into effect upon the date set by the chief; provided, that, the chief may propose and the council may authorize an effective date earlier than the thirty days otherwise required upon a finding of the necessity of such an earlier effective date.
(2) Carry forth, either directly or through a designee, or to assist the proper authorities in suppressing crime or arson by investigating or causing to be investigated the cause, origin, and circumstances of all suspicious fires.
(3) Consider and impose disciplinary measures upon members of the department.
(A) In the case of any full-time member of the department, any such action shall be taken in compliance with any applicable provision of any existing collective bargaining agreement or the civil service rules and regulations of the city.
(B) As to any discipline imposed upon a volunteer member of the department, the affected member may appeal the chief's action to the mayor. The appeal shall be made within thirty days of the delivery of the chief's decision to the member, shall be in writing, filed with the office of the clerk-controller, and shall provide such information as may be reasonably available in relation to the matters at issue. The mayor shall then go forward with a review of the decision made and the issues presented and issue a decision in writing with a copy being provided to the member and the chief. The decision may affirm, reverse, or modify the chief's action. The mayor's decision shall be final.
(4) Insure that complete records are kept of all fires, inspections, apparatus, and minor equipment, personnel, and other information about the operations of the department.
(5) Insure that the staff members are provided full opportunity to participate in training programs and drill, that the equipment and property of the department is adequately maintained and protected, and recommend to the mayor and council such equipment as may be needed to adequately perform the tasks assigned to the department.
(6) Oversee and superintend the operation and administration of the emergency medical service element of the department.
(7) Either directly or through designees, conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the city, fire prevention, water supplies, and all other matters generally considered essential to adequate fire suppression and prevention and the safety of life and property.
(8) Submit an annual report to the city council after the close of the fiscal year, such report to include comparative data for previous years and recommendations for improving the effectiveness of the department. (Ord. 1494 § 3, 2006).
Article III. HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY
2.28.090 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. 1182 §1, 1982).
2.28.100 Agreements authorized--Liabilit .
The chief of the 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:
(1) The chief of the 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 2.28.110, except as specified in Section 2.28.120;
(2) The request for assistance comes from the chief of the department, or his designee. (Ord. 1182 §2, 1982).
2.28.110 Agreements--Terms and conditions.
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 2.28.100.
It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested, or 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 department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 1182 §3, 1982).
2.28.120 Emergency assistance agreements.
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 (2) 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.
(2) The notification required by subsection (1) 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 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 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. 1182 §4, 1982).
For statutory provisions authorizing third class cities, specifically, to provide fire engines and all other necessary or proper apparatus for the extinguishment of fires, see RCW 35.24.290(5).
For statutory provisions regarding volunteer firemen's relief and pensions generally, see RCW Chapter 43.24.