Chapter 3.28
HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY

Sections:

3.28.010    Fire department as agency.

3.28.020    Agreements – Fire chief authority.

3.28.030    Agreements – Terms and conditions.

3.28.040    Verbal agreements at scene of incident.

3.28.010 Fire department as agency.

The governing body of the city designates the Wenatchee fire department as the hazardous materials incident command agency for all hazardous materials incidents within the corporate limits of the city of Wenatchee. (Ord. 2496, 1982)

3.28.020 Agreements – Fire chief authority.

The fire chief is authorized to enter into agreements with persons, agencies, and/or corporations who may provide assistance with respect to hazardous materials incident. In accordance with the provisions of Chapter 4.24 RCW 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 willful or wanton misconduct, provided:

(1) The Wenatchee 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 WCC 3.28.030, except as specified in WCC 3.28.040;

(2) The request for assistance comes from the Wenatchee fire department. (Ord. 2496, 1982)

3.28.030 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 WCC 3.28.020. (Ord. 2496, 1982)

3.28.040 Verbal agreements at scene of incident.

The chief of the fire department or incident commander 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, indicating the date and time of signature. The incident commander shall be the senior fire department officer present at the incident unless otherwise designated by the fire chief. (Ord. 2496, 1982)