Chapter 2.48
EMERGENCY MANAGEMENT AND SERVICES
Sections:
2.48.030 Emergency management organization.
2.48.040 Comprehensive emergency management plan (CEMP) required.
2.48.050 Disaster and emergency powers of the mayor.
2.48.060 Duties and powers of the director of emergency management.
2.48.070 National Incident Management System.
2.48.080 Emergency management advisory commission.
2.48.090 Violations and penalties.
2.48.010 Purpose.
The purpose of this chapter is to create an emergency management organization to carry out emergency management functions, and to provide for the preparation and implementation of emergency management plans to prevent, mitigate, prepare for, respond to and recover from an emergency or disaster that causes harm to persons, property, and natural resources, resulting from emergencies or disasters, whether natural or human caused, and to provide for the coordination of the emergency management and disaster functions of this city with all other public agencies and affected private persons, corporations, and organizations. (Ord. 1189 § 1, 2017; Ord. 759 § 2, 1996).
2.48.020 Definitions.
A. The term “emergency management” or “comprehensive emergency management” means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or human caused, and to provide support for search and rescue operations for persons and property in distress.
B. The terms “emergency” and “disaster” shall mean an event or set of circumstances which: (1) demands immediate action to preserve public health, protect life, protect property, protect natural resources or to provide relief to any stricken community overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the Governor proclaiming a state of emergency pursuant to RCW 43.06.010.
C. The term “hazard vulnerability analysis” means the comprehensive examination and reporting of all potential technological or natural hazards that this city may be exposed to and/or suffer loss from. This analysis is used as a basis for developing the city’s hazard mitigation plan.
D. The term “preparation” means the active planning, writing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, county, state and federal agencies to ensure cohesive working relationships and compatible emergency plans.
E. The term “mitigation” includes risk analysis, review and identification of hazards both technological and natural, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. Mitigation strategies may be developed in conjunction with the hazard vulnerability analysis.
F. The term “response” includes the initiation of warnings to potential disaster, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, planning and finance activities during a disaster, and documentation of actions taken during a disaster.
G. The term “recovery” includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain federal, state and local assistance after disasters.
H. The term “National Incident Management System (NIMS)” refers to a systematic, proactive approach to guide departments and agencies at all levels of government, nongovernmental organizations, and the private sector to work together seamlessly and manage incidents involving all threats and hazards – regardless of cause, size, location, or complexity – in order to reduce loss of life, property and harm to the environment.
I. The term “whole community engagement” refers to a process to regularly engage the whole of community of the local or joint local organization to seek and obtain continued and coordinated stakeholder involvement and input regarding the emergency management program, including but not limited to policies, plans, ordinances, training, exercises, budget, public education, strategies, and other emergency management issues. (Ord. 1189 § 3, 2017).
2.48.030 Emergency management organization.
A. There is hereby created within the city an organization to perform local emergency management functions, as defined in RCW 38.52.010, as it now exists or may hereafter be amended. The organization shall be referred to as “the Snoqualmie emergency management organization.”
B. The Snoqualmie emergency management organization provides a critical public safety function within city government in partnership with community partners. This function creates a framework to help communities reduce vulnerabilities to threats and hazards and cope with disasters.
C. The Snoqualmie emergency management organization shall not be a new department of the city but shall consist of such officers and employees of the city as shall be specified in the comprehensive emergency management plan promulgated under this chapter, and shall represent only the city.
D. The Snoqualmie emergency management organization shall be headed by the chief of the fire department as director of emergency management. The director of emergency management shall be directly responsible for the organization, administration, and operation of the organization.
E. The emergency management function shall be in conformity with the requirements of Chapters 118-04 through 118-30 WAC, as they now exist or may hereafter be amended, or any other administrative rules and regulations of the state of Washington promulgated under authority of Chapter 38.52 RCW governing the emergency management function of subdivisions of the state. (Ord. 1189 § 2, 2017; Ord. 961 § 1, 2004; Ord. 759 § 2, 1996. Formerly 2.48.020).
2.48.040 Comprehensive emergency management plan (CEMP) required.
A comprehensive emergency management plan (“CEMP”) for the city shall be prepared by, or under the direction of, the director of emergency management, and shall be promulgated by the mayor, with the approval of the city council. Such plan shall be in conformity with the requirements of Chapters 118-06 through 118-30 WAC, as they now exist or may hereafter be amended, or any other administrative rules and regulations of the state of Washington promulgated under authority of Chapter 38.52 RCW governing emergency management and services plans of subdivisions of the state. (Ord. 1189 § 4, 2017; Ord. 759 § 2, 1996. Formerly 2.48.030).
2.48.050 Disaster and emergency powers of the mayor.
A. In the event of an emergency or disaster, as herein defined, the mayor is hereby empowered as follows:
1. To make and issue emergency rules, regulations, and orders on matters reasonably related to the protection of life, property, persons, businesses and natural resources affected by such emergency or disaster, including, but not limited to, orders relating to closure or restriction of access to and evacuation of areas of the city affected by the emergency or disaster and/or orders temporarily suspending, extending or deferring otherwise applicable obligations or requirements imposed by any provision of this code, provided the mayor shall obtain the ratification or confirmation of such emergency rules, regulations and orders by city council as soon as may be practicable following their issuance;
2. Issue and transmit to federal, state, regional and local agencies a proclamation of local emergency authorizing the mayor and city staff to, inter alia, take all necessary actions and measures to combat a disaster; protect persons, property, and natural resources; and provide emergency assistance to victims of the disaster and exercise powers authorized in RCW 38.52.070. Actions and measures that may be authorized by a proclamation of local emergency include, but are not limited to, rationing, curfew, budget law limitations, competitive bidding processes or the waiver thereof, publication of notices, provisions related to the performance of public work, entering into contracts, incurring obligations, making expenditures, employment of temporary workers, rental of equipment, and purchase of supplies and materials and to bind the city for the cost thereof all without regard to time-consuming procedures and formalities (excepting mandatory constitutional requirements). Following its issuance, such a proclamation must be approved by the city council when practical;
3. To control and direct the efforts of the Snoqualmie emergency management organization;
4. To requisition necessary personnel or material of any city department or agency;
5. To require the emergency services of any city officer or employee and, in the event of a proclamation of emergency in the city or of a proclamation of emergency or disaster by the Governor affecting the city, to command the service and equipment of as many citizens of the city as may be deemed necessary in light of the emergency or disaster proclaimed;
6. To execute all of the special powers conferred upon the mayor by any other county, state or federal statute or rule, or by any agreement or other lawful authority;
7. To establish and maintain continuity of government, by ensuring proper provisions for succession of authority consistent with state law are included in the city’s CEMP or in a separately published continuity of government/continuity of operations plan;
8. To make expenditures from the city general fund or other appropriate operating fund as reasonably necessary to respond to the disaster or emergency, including without limitation expenditures for necessary goods, supplies, material, equipment and/or services or to facilitate provision by third parties of services necessary for fundamental purposes of government or the care of the poor and infirm; and to transfer from the city of Snoqualmie contingency reserve fund (Fund No. 002) such amounts corresponding to said expenditures; and
9. To sign, on behalf of the city, mutual aid agreements with other municipalities, the county, and other governmental subdivisions, which have been approved by the city council. (Ord. 1230 § 1, 2020; Ord. 1189 § 5, 2017; Ord. 759 § 2, 1996. Formerly 2.48.040).
2.48.060 Duties and powers of the director of emergency management.
A. It shall be the duty of the fire chief, as the director of emergency management, or his or her designee, to prepare, present to mayor and city council for approval, and to file with the state of Washington all plans, annexes, attachments, program papers, and other documents required by Chapters 118-04 through 118-30 WAC, as amended, or any other administrative rules and regulations of the state of Washington promulgated under authority of Chapter 38.52 RCW governing emergency management plans of subdivisions of the state; to review and update such documents within the prescribed time frames; to represent the city in all interjurisdictional matters relating to emergency management; to conduct such emergency operation exercises as may be required by law; to conduct periodic inspections of the city’s emergency facilities and systems, including but not limited to an emergency operations center and communication system, to determine their state of readiness; and to monitor the city’s compliance with the requirements of state law; to prepare and implement the mandates of the National Incident Management System; and to facilitate operation of the city of Snoqualmie’s emergency management advisory commission.
B. In the event of an emergency or disaster, the director of emergency management and services is hereby empowered as follows:
1. To request the mayor to proclaim the existence of an emergency or disaster, and termination thereof;
2. To direct coordination and cooperation between departments and employees of the city, and to facilitate any necessary succession of authority consistent with state law and in accordance with the city’s CEMP or any separately published continuity of government/continuity of operations plan;
3. Activate and direct the emergency operations center, as needed for coordination;
4. To execute all of the special powers conferred upon the director of emergency management and services by any other county, state or federal statute or rule, or by any agreement or other lawful authority. (Ord. 1189 § 6, 2017; Ord. 759 § 2, 1996. Formerly 2.48.050).
2.48.070 National Incident Management System.
A. Homeland Security Presidential Directive 5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more efficiently and effectively to prevent, prepare for, respond to and recover from domestic incidents, regardless of the cause, size, or complexity.
B. Utilizing NIMS facilitates the most efficient and effective incident management as it is critical that the federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters.
C. NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the city of Snoqualmie’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes.
D. The National Incident Management System is established as the standard for incident management within the city of Snoqualmie. (Ord. 1189 § 9, 2017).
2.48.080 Emergency management advisory commission.
A. In emergency management planning process there is need to regularly engage the community to seek and obtain continued and coordinated stakeholder involvement and input regarding the emergency management program, including but not limited to policies, plans, ordinances, training, exercises, budget, public education, strategies, and other emergency management issues. This type of engagement is referred to as “whole community engagement.” To meet this need, the city of Snoqualmie hereby establishes the emergency management advisory commission (“EMA commission”).
B. The EMA commission will be comprised of no more than 13 representatives of city staff, city organizations and community partners, as follows:
1. The emergency management director, who shall act as chair;
2. The city administrator;
3. The city public works director;
4. The city police chief;
5. A representative of the Snoqualmie School District;
6. A representative of the hospital district;
7. A representative of each utility that serves the city of Snoqualmie;
8. A representative of the Snoqualmie emergency communications and support team (SECAST);
9. A representative of Snoqualmie’s community emergency response team (CERT);
10. Such other city officials (e.g., building official, fleet manager, communications coordinator), and such other members of community organizations (e.g., faith-based organizations, human services organizations, neighborhood associations, major employers, and small businesses) as the mayor determines in her or his discretion possess sufficient knowledge, subject matter expertise, and/or capabilities in related areas to merit their addition to the commission by appointment by the mayor.
C. Emergency Management Advisory Commission – Duties, Meeting Frequencies, and Vice-Chair. It shall be the duty of the EMA commission, and it is hereby empowered, to review and advise the mayor and the city council on the city’s emergency management function, its programs, mutual aid plans and agreements and such ordinances, resolutions, contracts, rules and regulations as may be necessary or advisable to implement such plans and agreements. The intent of this commission is to provide the “whole community engagement” as that term is defined in SMC 2.48.020. The commission shall report to the mayor and city council annually on the “state of emergency management” in the city of Snoqualmie, and more frequently if an incident warrants it; serve as potential members of a community-based recovery task force if established following an incident. The emergency management advisory commission shall meet at a frequency established by the commission, but at a minimum biannually. The commission shall choose a vice-chair to act in the absence of the director of emergency management. A majority of the then-sitting commission members (not including any vacant or unfilled commission positions) shall constitute a quorum for purposes of any meeting or transaction of any commission business. (Ord. 1189 § 10, 2017).
2.48.090 Violations and penalties.
A. Any person who willfully obstructs, hinders, or delays any city officer or employee in the carrying out of any lawful rule, regulation or order issued under the provisions of this chapter, or does any act forbidden by any lawful rule, regulation or order issued under this chapter, or wears, carries or displays, without authority, any means of identification specified by the emergency management agency of the state of Washington, shall be guilty of a misdemeanor.
B. The penalty for conviction of a violation of this chapter shall be imprisonment for a term not to exceed 90 days, or a fine not to exceed $1,000, or by both such imprisonment and fine. (Ord. 1189 § 7, 2017; Ord. 759 § 2, 1996. Formerly 2.48.070).
2.48.100 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, or the application to other persons or circumstances, hereof which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1189 § 8, 2017; Ord. 759 § 2, 1996. Formerly 2.48.080).
2.48.110 Liability.
A. Pursuant to RCW 38.52.180(1), there shall be no liability on the part of the city of Snoqualmie or its elected officials, employees, agents, volunteers or anyone acting on their behalf, for any injuries sustained by any person while in or upon any building or premises designated by the Snoqualmie emergency management organization as a shelter from any conditions constituting any emergency including without limitation destructive operations or attacks by enemies of the United States, where injuries are sustained as a result of the condition of said building or premises or as a result of any act or omission, or in any way arising from the designation of such premises as a shelter, when such person has entered or gone upon or into said building or premises for the purpose of seeking refuge therein during conditions constituting an emergency including without limitation destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority, except for an act of willful negligence by such owner or occupant or their agents or employees.
B. Pursuant to RCW 38.52.180(2), all legal liability for damage to property or injury or death to persons (except an emergency worker, regularly enrolled and acting as such), caused by acts done, or attempted, under the color of this chapter in a bona fide attempt to comply therewith, and/or during or while traveling to or from an emergency or disaster, search and rescue, or training or exercise authorized by the Washington State Military Department in preparation for an emergency or disaster or search and rescue, except as provided in subsections C, D, and E of this section regarding covered volunteer emergency workers, shall be the obligation of the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability, or for the indemnification of persons appointed and regularly enrolled as emergency workers while actually engaged in emergency management duties, or as elected officials, officers, employees, agents or volunteers of the city of Snoqualmie engaged in emergency management activity, or their dependents, for damage done to their private property, or for any judgment against them for acts done in good faith in compliance with this chapter; provided, that the foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence or bad faith on the part of any agent of emergency management; provided further, that should the United States or any agency thereof, in accordance with any federal statute, rule or regulation, provide for the payment of damages to property and/or for death or injury as provided for in this section, then and in that event there shall be no liability or obligation whatsoever upon the part of the state of Washington for any such damage, death, or injury for which the United States government assumes liability.
C. Pursuant to RCW 38.52.180(3), no act or omission by a covered volunteer emergency worker while engaged in a covered activity shall impose any liability for civil damages resulting from such an act or omission upon:
1. The covered volunteer emergency worker;
2. The supervisor or supervisors of the covered volunteer emergency worker;
3. Any facility or their officers or employees;
4. The employer of the covered volunteer emergency worker;
5. The owner of the property or vehicle where the act or omission may have occurred during the covered activity;
6. Any local organization that registered the covered volunteer emergency worker; and
7. The state or any state or local governmental entity, including the city of Snoqualmie.
D. The immunity in subsection C of this section applies only when the covered volunteer emergency worker was engaged in a covered activity:
1. Within the scope of his or her assigned duties;
2. Under the direction of the Snoqualmie emergency management organization, the Washington Military Department, or the Snoqualmie police or Snoqualmie fire department for search and rescue; and
3. The act or omission does not constitute gross negligence or willful or wanton misconduct.
E. For purposes of this section:
1. “Covered volunteer emergency worker” means an emergency worker as defined in RCW 38.52.010 who (a) is not receiving or expecting compensation as an emergency worker from the state or local government, or (b) is not a state or local government employee unless on leave without pay status.
2. “Covered activity” means:
a. Providing assistance or transportation authorized by the department during an emergency or disaster or search and rescue as defined in RCW 38.52.010, whether such assistance or transportation is provided at the scene of the emergency or disaster or search and rescue, at an alternative care site, at a hospital, or while in route to or from such sites or between sites; or
b. Participating in training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue.
F. Any requirement for a license to practice any professional, mechanical or other skill shall not apply to any authorized emergency worker who shall, in the course of performing his duties as such, practice such professional, mechanical or other skill during an emergency described in this chapter.
G. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker’s compensation law, or under any pension or retirement law, nor the right of any such person to receive any benefits or compensation under any act of Congress. (Ord. 1189 § 11, 2017).