title: RCW 52.12.160

text:
(1) The definitions in this section apply throughout this section and RCW 4.24.780 unless the context clearly requires otherwise.
(a) "Fire protection service agency" or "agency" means any local, state, or federal governmental entity responsible for the provision of firefighting services, including fire protection districts, regional fire protection service authorities, cities, towns, port districts, the department of natural resources, and federal reservations.
(b) "Fire protection jurisdiction" means an area or property located within a fire protection district, a regional fire protection service authority, a city, a town, a port district, lands protected by the department of natural resources under chapter 76.04 RCW, or on federal lands.
(c) "Firefighting services" means the provision of fire prevention services, fire suppression services, emergency medical services, and other services related to the protection of life and property.
(d) "Improved property" means property upon which a structure is located, including bridges and agricultural structures as defined in RCW 19.27.015.
(e) "Property" means land, structures, or land and structures.
(f) "Unimproved property" has the same meaning as "unimproved lands" in RCW 76.04.005.
(g) "Unprotected land" means improved property located outside a fire protection jurisdiction.
(2)(a) In order to facilitate the provision of firefighting services to unprotected lands, property owners of unprotected lands are encouraged, to the extent practicable, to form or annex into a fire protection jurisdiction or to enter into a written contractual agreement with a fire protection service agency or agencies for the provision of firefighting services. Any written contractual agreement between a property owner and a fire protection service agency must include, at minimum, a risk assessment of the property as well as a capabilities assessment for the district.
(b) Property owners of unprotected land who choose not to form or annex into a fire protection jurisdiction or to enter into a written contractual agreement with a fire protection agency or agencies for the provision of firefighting services, do so willingly and with full knowledge that a fire protection service agency is not obligated to provide firefighting services to unprotected land.
(3) In the absence of a written contractual agreement, a fire protection service agency may initiate firefighting services on unprotected land outside its fire protection jurisdiction in the following instances: (a) Service was specifically requested by a landowner or other fire service protection agency; (b) service could reasonably be believed to prevent the spread of a fire onto lands protected by the agency; or (c) service could reasonably be believed to substantially mitigate the risk of harm to life or property by preventing the spread of a fire onto other unprotected lands.
(4)(a) The property owner or owners shall reimburse an agency initiating firefighting services on unprotected land outside its fire protection jurisdiction for actual costs that are incurred that are proportionate to the fire itself. Cost recovery is based upon the Washington fire chiefs standardized fire service fee schedule.
(b) If a property owner fails to pay or defaults in payment to an agency for services rendered, the agency is entitled to pursue payment through the collections process outlined in RCW 19.16.500 or through initiation of court action.
[ 2012 c 14 s 1; 2011 c 200 s 1.]

catchline: Firefighting services for unprotected lands.


doc_type: statute

jurisdiction: wa

title: RCW 52.14.010

text:
(1) The affairs of the district shall be managed by a board of fire commissioners composed initially of three registered voters residing in the district, except as provided otherwise in RCW 52.14.015, 52.14.020, and 52.14.140.
(2)(a) Each member of an elected board of fire commissioners shall each receive one hundred four dollars per day or portion thereof, not to exceed nine thousand nine hundred eighty-four dollars per year, for time spent in actual attendance at official meetings of the board or in performance of other services or duties on behalf of the district, except that a commissioner of a district which has an operating budget of $10,000,000 or more may receive not more than 144 per diem payments at the per diem rate specified by the office of financial management, adjusted for inflation per subsection (4) of this section. Members serving in an ex officio capacity on a board of fire commissioners may not receive compensation, but shall receive necessary expenses in accordance with (b) of this subsection.
(b) Each member of a board of fire commissioners shall receive necessary expenses incurred in attending meetings of the board or when otherwise engaged in district business, and shall be entitled to receive the same insurance available to all firefighters of the district: PROVIDED, That the premiums for such insurance, except liability insurance, shall be paid by the individual commissioners who elect to receive it.
(c) Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the secretary as provided in this section. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
(3) The board shall fix the compensation to be paid the secretary and all other agents and employees of the district. The board may, by resolution adopted by unanimous vote, authorize any of its members to serve as volunteer firefighters without compensation. A commissioner actually serving as a volunteer firefighter may enjoy the rights and benefits of a volunteer firefighter.
(4) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning January 1, 2019, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
(5) A person holding office as commissioner for two or more special purpose districts or serving ex officio as commissioner as a member of the legislative authority of a city or town shall receive only that per diem compensation authorized for one of his or her official positions as compensation for attending an official meeting or conducting official services or duties while representing more than one district or representing a municipality and a district. However, such commissioner may receive additional per diem compensation if approved by resolution of the boards of an affected commission, city, or town.
[ 2024 c 35 s 1. Prior: 2017 c 328 s 7; 2017 c 58 s 1; 2012 c 174 s 1; 2007 c 469 s 2; 1998 c 121 s 2; 1994 c 223 s 48; 1985 c 330 s 2; 1980 c 27 s 1; 1979 ex.s. c 126 s 31; 1973 c 86 s 1; 1971 ex.s. c 242 s 2; 1969 ex.s. c 67 s 1; 1967 c 51 s 1; 1965 c 112 s 1; 1959 c 237 s 4; 1957 c 238 s 1; 1945 c 162 s 3; 1939 c 34 s 22; Rem. Supp. 1945 s 5654-122. Formerly RCW 52.12.010.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
Terms of commissioners: RCW 52.14.060.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Number—Qualifications—Insurance—Compensation and expenses—Service as volunteer firefighter.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 52.14.013

text:
The board of fire commissioners of a fire protection district may adopt a resolution by unanimous vote causing a ballot proposition to be submitted to voters of the district authorizing the creation of commissioner districts. The board of fire commissioners shall create commissioner districts if the ballot proposition authorizing the creation of commissioner districts is approved by a simple majority vote of the voters of the fire protection district voting on the proposition. Three commissioner districts shall be created for a fire protection district with three commissioners, five commissioner districts shall be created for a fire protection district with five commissioners, and seven commissioner districts shall be created for a fire protection district with seven commissioners. No two commissioners may reside in the same commissioner district.
No change in the boundaries of any commissioner district shall be made within one hundred twenty days next before the date of a general district election, nor within twenty months after the commissioner districts have been established or altered unless pursuant to RCW 29A.92.040 or 29A.92.110. However, if a boundary change results in one commissioner district being represented by two or more commissioners, those commissioners having the shortest unexpired terms shall be assigned by the commission to commissioner districts where there is a vacancy, and the commissioners so assigned shall be deemed to be residents of the commissioner districts to which they are assigned for purposes of determining whether those positions are vacant.
The population of each commissioner district shall include approximately equal population. Commissioner districts shall be redrawn as provided in chapter 29A.76 RCW. Commissioner districts shall be used as follows: (1) Only a registered voter who resides in a commissioner district may be a candidate for, or serve as, a commissioner of the commissioner district; and (2) only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire fire protection district may vote at a general election to elect a person as a commissioner of the commissioner district.
When a board of fire commissioners that has commissioner districts has been increased to five or seven members under RCW 52.14.015, the board of fire commissioners shall divide the fire protection district into five or seven commissioner districts before it appoints the two or four additional fire commissioners. The two or four additional fire commissioners who are appointed shall reside in separate commissioner districts in which no other fire commissioner resides.
[ 2019 c 454 s 8; 2012 c 174 s 3; 1994 c 223 s 49; 1992 c 74 s 2.]
Notes:
Retroactive application—Effective date—2019 c 454: See notes following RCW 29A.92.050.
Creation of commissioner districts upon merger: RCW 52.06.085.


title: RCW 52.14.015

text:
In the event a board of commissioners of any fire protection district determines by resolution that it would be in the best interest of the district to increase the number of commissioners to five or seven, or in the event the board is presented with a petition signed by 10 percent of the registered voters resident within the district who voted in the last general municipal election calling for such an increase in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . county fire protection district no. . . . . . be increased from (three or five) members to (five or seven) members?
Yes . . . . .
No . . . . .
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be increased to five or seven members. The additional members shall be appointed in the same manner as provided in RCW 52.14.020.
[ 2021 c 34 s 1; 2012 c 174 s 4; 1994 c 223 s 50; 1990 c 259 s 14; 1989 c 63 s 20; 1984 c 230 s 85.]

catchline: Increase in the number of commissioners—Election.


title: RCW 52.14.017

text:
Except as provided in RCW 52.14.020, in the event a five-member or seven-member board of commissioners of any fire protection district determines by resolution that it would be in the best interest of the fire protection district to decrease the number of commissioners from five to three or from seven to five, or in the event the board is presented with a petition signed by ten percent of the registered voters resident within the district who voted in the last general municipal election calling for such a decrease in the number of commissioners of the district, the board shall submit a resolution to the county legislative authority or authorities of the county or counties in which the district is located requesting that an election be held. Upon receipt of the resolution, the legislative authority or authorities of the county or counties shall call a special election to be held within the fire protection district at which election the following proposition shall be submitted to the voters substantially as follows:
Shall the board of commissioners of . . . . . . county fire protection district no. . . . be decreased from five (seven) members to three (five) members?
Yes . . . .
No . . . .
If the fire protection district has commissioner districts, the commissioners of the district must pass a resolution, before the submission of the proposition to the voters, to either redistrict from five or seven commissioner districts to three or five commissioner districts or eliminate the commissioner districts. The resolution takes effect upon approval of the proposition by the voters.
If the fire protection district is located in more than a single county, this proposition shall indicate the name of the district.
If the proposition receives a majority approval at the election, the board of commissioners of the fire protection district shall be decreased to five or three members. The two members shall be decreased in accordance with RCW 52.06.085.
[ 2012 c 174 s 5; 1997 c 43 s 1.]

catchline: Decrease in the number of commissioners—Election—Disposition of commissioner districts.


title: RCW 52.14.020

text:
(1) In a fire protection district with elected commissioners that maintains a fire department consisting wholly of personnel employed on a full-time, fully-paid basis, there shall be five fire commissioners. A fire protection district with an annual budget of ten million dollars or more may have seven fire commissioners.
(2)(a) If two positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, one appointee to serve until the next general fire district election after the appointment, at which two commissioners shall be elected for six-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.
(b) If four positions are created on boards of fire commissioners by this section, such positions shall be filled initially as for a vacancy, except that the appointees shall draw lots, three appointees to serve until the next general fire district election after the appointment, at which three commissioners shall be elected for six-year terms and two commissioners shall be elected for four-year terms, and the other appointee to serve until the second general fire district election after the appointment, at which two commissioners shall be elected for six-year terms.
[ 2017 c 328 s 8; 2012 c 174 s 2; 1984 c 230 s 29; 1971 ex.s. c 242 s 3. Formerly RCW 52.12.015.]

catchline: Number of commissioners in district—Terms of first appointees.


title: RCW 52.14.030

text:
The polling places for a fire protection district election may be located inside or outside the boundaries of the district, as determined by the auditor of the county in which the fire protection district is located, and the elections of the fire protection district shall not be held to be irregular or void on that account.
[ 1994 c 223 s 51; 1984 c 230 s 31; 1939 c 34 s 24; RRS s 5654-124. Formerly RCW 52.12.030.]

catchline: Polling places.


title: RCW 52.14.050

text:
Vacancies on a board of fire commissioners shall occur as provided in chapter 42.12 RCW. In addition, if a fire commissioner is absent from the district for three consecutive regularly scheduled meetings unless by permission of the board, the office shall be declared vacant by the board of commissioners. However, such an action shall not be taken unless the commissioner is notified by mail after two consecutive unexcused absences that the position will be declared vacant if the commissioner is absent without being excused from the next regularly scheduled meeting. Vacancies on a board of fire commissioners shall be filled as provided in chapter 42.12 RCW.
[ 1994 c 223 s 52; 1989 c 63 s 21; 1984 c 238 s 2; 1977 c 64 s 1; 1974 ex.s. c 17 s 1; 1971 ex.s. c 153 s 1; 1939 c 34 s 26; RRS s 5654-126. Formerly RCW 52.12.050.]

catchline: Vacancies.


title: RCW 52.14.060

text:
The initial three members of the board of fire commissioners shall be elected at the same election as when the ballot proposition is submitted to the voters authorizing the creation of the fire protection district. If the district is not authorized to be created, the election of the initial fire commissioners shall be null and void. If the district is authorized to be created, the initial fire commissioners shall take office immediately when qualified. Candidates shall file for each of the three separate fire commissioner positions. Elections shall be held as provided in chapter 29A.52 RCW, with the county auditor opening up a special filing period as provided in RCW 29A.24.171 and 29A.24.181, as if there were a vacancy. The person who receives the greatest number of votes for each position shall be elected to that position. The terms of office of the initial fire commissioners shall be staggered as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (2) the person who is elected receiving the next greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (3) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when elected and qualified and their terms of office shall be calculated from the first day of January in the year following their election.
The term of office of each subsequent commissioner shall be six years. Each commissioner shall serve until a successor is elected and qualified and assumes office in accordance with RCW 29A.60.280.
[ 2015 c 53 s 75; 1994 c 223 s 53; 1989 c 63 s 22; 1984 c 230 s 33; 1979 ex.s. c 126 s 33; 1939 c 34 s 27; RRS s 5654-127. Formerly RCW 52.12.060.]
Notes:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Commissioner's terms.


title: RCW 52.14.065

text:
The board of fire commissioners of a fire protection district may authorize a change to its electoral system pursuant to RCW 29A.92.040 by majority vote.
[ 2018 c 113 s 208.]
Notes:
Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.

catchline: Voluntary change to electoral system.


title: RCW 52.14.070

text:
Before beginning the duties of office, each fire commissioner shall take and subscribe the official oath for the faithful discharge of the duties of office as required by RCW 29A.04.133, which oath shall be filed in the office of the auditor of the county in which all, or the largest portion of, the district is located.
[ 2015 c 53 s 76; 1989 c 63 s 23; 1986 c 167 s 22; 1984 c 230 s 34; 1939 c 34 s 29; RRS s 5654-129. Formerly RCW 52.12.070.]
Notes:
Severability—1986 c 167: See note following RCW 29A.16.040.

catchline: Oath of office.


title: RCW 52.14.080

text:
The fire commissioners shall elect a chair from their number and shall appoint a secretary of the district, who may or may not be a member of the board, for such term as they shall by resolution determine. The secretary, if a member of the board, shall not receive additional compensation for serving as secretary.
The secretary of the district shall keep a record of the proceedings of the board, shall perform other duties as prescribed by the board or by law, and shall take and subscribe an official oath similar to that of the fire commissioners which oath shall be filed in the same office as that of the commissioners.
[ 2010 c 8 s 15003; 1984 c 230 s 35; 1965 c 112 s 2; 1939 c 34 s 30; RRS s 5654-130. Formerly RCW 52.12.080.]

catchline: Chair—Secretary—Duties and oath.


title: RCW 52.14.090

text:
(1) The office of the fire commissioners and principal place of business of the district shall be at some place within the county in which the district is situated, to be designated by the board of fire commissioners.
(2) The board shall hold regular monthly meetings at a place and date as it determines by resolution, and may adjourn its meetings as required for the proper transaction of business. Special meetings of the board shall be called at any time under the provisions of RCW 42.30.080.
[ 1984 c 230 s 36; 1947 c 254 s 8; 1939 c 34 s 31; Rem. Supp. 1947 s 5654-131. Formerly RCW 52.12.090.]

catchline: Office—Meetings.


title: RCW 52.14.100

text:
All meetings of the board of fire commissioners shall be conducted in accordance with chapter 42.30 RCW and a majority constitutes a quorum for the transaction of business. All records of the board shall be open to inspection in accordance with chapter 42.56 RCW. The board has the power and duty to adopt a seal of the district, to manage and conduct the business affairs of the district, to make and execute all necessary contracts, to employ any necessary services, and to adopt reasonable rules to govern the district and to perform its functions, and generally to perform all such acts as may be necessary to carry out the objects of the creation of the district.
[ 2005 c 274 s 326; 1984 c 230 s 37; 1939 c 34 s 32; RRS s 5654-132. Formerly RCW 52.12.100.]
Notes:
Open public meetings: Chapter 42.30 RCW.

catchline: Meetings—Powers and duties of board.


title: RCW 52.14.110

text:
(1) Insofar as practicable, purchases and any public works by the district shall be based on competitive bids. A formal sealed bid procedure shall be used as standard procedure for purchases and contracts for purchases executed by the board of commissioners. Formal sealed bidding shall not be required for:
(a) The purchase of any materials, supplies, or equipment if the cost will not exceed the sum of $75,500. However, whenever the estimated cost does not exceed $150,000, the commissioners may by resolution use the process provided in RCW 39.04.190 to award contracts;
(b) Contracting for work to be done involving the construction or improvement of a fire station or other buildings where the estimated cost will not exceed the sum of $150,000 if more than a single craft or trade is involved with the public works project, or a public works project in excess of $75,500 if only a single craft or trade is involved with the public works project;
(c) Contracts using the small works roster process under RCW 39.04.151 through 39.04.154; and
(d) Any contract for purchases or public work pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.
(2) A fire protection district may have its own regularly employed personnel perform work which is an accepted industry practice under prudent utility management without a contract. For purposes of this section, "prudent utility management" means performing work with regularly employed personnel utilizing material of a worth not exceeding $300,000 in value without a contract. This limit on the value of material being utilized in work being performed by regularly employed personnel shall not include the value of individual items of equipment. For the purposes of this section, the term "equipment" includes but is not limited to conductor, cabling, wire, pipe, or lines used for electrical, water, fiber optic, or telecommunications.
(3) For the purposes of this section, "lowest responsible bidder" means a bid that meets the criteria under RCW 39.04.350 and has the lowest bid; provided, that if the district issues a written finding that the lowest bidder has delivered a project to the district within the last three years which was late, over budget, or did not meet specifications, and the district does not find in writing that such bidder has shown how they would improve performance to be likely to meet project specifications then the district may choose the second lowest bidder whose bid is within five percent of the lowest bid and meets the same criteria as the lowest bidder.
[ 2023 c 395 s 30; 2023 c 255 s 5; 2019 c 434 s 12; 2009 c 229 s 9; 2001 c 79 s 1; 2000 c 138 s 209; 1998 c 278 s 5; 1993 c 198 s 11; 1984 c 238 s 3.]
Notes:
Reviser's note: This section was amended by 2023 c 255 s 5 and by 2023 c 395 s 30, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Effective date—2023 c 255 ss 1-5: See note following RCW 54.04.070.
Finding—Intent—2019 c 434: See note following RCW 35.23.352.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.010.

catchline: Purchases and public works—Competitive bids required—Exceptions.


title: RCW 52.14.120

text:
(1) Notice of the call for bids shall be given by publishing the notice in a newspaper of general circulation within the district at least thirteen days before the last date upon which bids will be received. If no bid is received on the first call, the commissioners may readvertise and make a second call, or may enter into a contract without a further call.
(2) A public work involving three or more specialty contractors requires that the district retain the services of a general contractor as defined in RCW 18.27.010.
[ 1993 c 198 s 12; 1984 c 238 s 4.]

catchline: Purchases and public works—Competitive bidding procedures.


title: RCW 52.14.130

text:
A low bidder who claims error and fails to enter into a contract with a fire protection district for a public works project is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
[ 1996 c 18 s 10.]

catchline: Low bidder claiming error—Prohibition on later bid for same project.


title: RCW 52.14.140

text:
(1) Except as otherwise provided under this section, the members of the legislative authority of a city or town shall serve ex officio, by virtue of their office, as the fire commissioners of a fire protection district created under RCW 52.02.160.
(2) The legislative authority of a city or town may, within the initial resolution establishing the district's formation, relinquish governance authority of a fire protection district created under chapter 328, Laws of 2017 to an independently elected board of commissioners to be elected in accordance with RCW 52.14.060.
(3)(a) The legislative authority of a city or town may, by a majority vote of its members in an open public meeting, relinquish governance authority of a fire protection district created under chapter 328, Laws of 2017 to an appointed board of three fire commissioners at any time after formation. Each appointed commissioner serves until successors are elected at the next qualified election.
At the next qualified election, the person who receives the greatest number of votes for each commissioner position is elected to that position. The terms of office for the initial elected fire commissioners are staggered as follows:
(i) The person who is elected receiving the greatest number of votes is elected to a six-year term of office if the election is held in an odd-numbered year, or a five-year term of office if the election is held in an even-numbered year;
(ii) The person who is elected receiving the next greatest number of votes is elected to a four-year term of office if the election is held in an odd-numbered year, or a three-year term of office if the election is held in an even-numbered year; and
(iii) The other person who is elected is elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year. The term of office for each subsequent commissioner is six years.
(b) If the legislative authority of a city or town relinquishes governance authority of a fire protection district after formation under this section, and that fire protection district maintains a fire department consisting wholly of personnel employed on a full-time, fully paid basis, that district shall have five fire commissioners. The terms of office for the initial elected fire commissioners are staggered as follows:
(i) The two people elected receiving the two greatest number of votes are elected to six-year terms of office if the election is held in an odd-numbered year, or five-year terms of office if the election is held in an even-numbered year;
(ii) The two people who are elected receiving the next two greatest number of votes are elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year; and
(iii) The other person who is elected is elected to a two-year term of office if the election is held in an odd-numbered year, or a one-year term of office if the election is held in an even-numbered year. The term of office for each subsequent commissioner is six years.
(c) If the legislative authority of a city or town relinquishes governance authority of a fire protection district after formation under this section, and that fire protection district has an annual budget of ten million dollars or more, that district must have seven fire commissioners. The terms of office for the initial elected fire commissioners are staggered as follows:
(i) The three people who are elected receiving the three greatest number of votes are elected to six-year terms of office if the election is held in an odd-numbered year, or five-year terms of office if the election is held in an even-numbered year;
(ii) The two people who are elected receiving the next two greatest number of votes are elected to four-year terms of office if the election is held in an odd-numbered year, or three-year terms of office if the election is held in an even-numbered year; and
(iii) The other two people who are elected are elected to two-year terms of office if the election is held in an odd-numbered year, or one-year terms of office if the election is held in an even-numbered year. The term of office for each subsequent commissioner is six years.
(4) Except for a city with a population exceeding 500,000, a city or town creating a fire protection district under RCW 52.02.160 after July 1, 2026, must provide for the election of an independently elected board of commissioners within two years of the creation of the fire protection district.
[ 2026 c 221 s 1005; 2017 c 328 s 6.]
Notes:
Findings—2026 c 221: See note following RCW 82.14.542.
Effective date—2026 c 221: See note following RCW 82.46.035.

catchline: Governance authority of fire protection district.


title: RCW 52.16.010

text:
(1) It is the duty of the county treasurer of the county in which all, or the largest portion of, any fire protection district created under this title is located to receive and disburse district revenues, to collect taxes and assessments authorized and levied under this title, and to credit district revenues to the proper fund. However, where a fire protection district is located in more than one county, the county treasurer of each other county in which the district is located shall collect the fire protection district's taxes and assessments that are imposed on property located within the county and transfer these funds to the county treasurer of the county in which the largest portion of the district is located.
(2) The board of commissioners of a district with more than $10,000,000 in annual revenues for the preceding three consecutive years may designate by resolution some other person having experience in financial or fiscal matters as the treasurer of the district. Such a treasurer shall possess all of the powers, responsibilities, and duties of, and shall be subject to the same restrictions as provided by law for, the county treasurer with regard to a district and the county auditor with regard to district financial matters.
[ 2022 c 90 s 1; 1989 c 63 s 24; 1984 c 230 s 38; 1939 c 34 s 33; RRS s 5654-133.]

catchline: County treasurer as financial agent—Designation of some other person as treasurer, when authorized.


title: RCW 52.16.020

text:
In each county in which a fire protection district is situated, there shall be in the county treasurer's office of each district the following funds: (1) Expense fund; (2) reserve fund; (3) local improvement district No. . . . . fund; (4) general obligation bond fund; and (5) such other funds as the board of commissioners of the district may establish. Taxes levied for administrative, operative, and maintenance purposes and for the purchase of firefighting and emergency medical equipment and apparatus and for the purchase of real property, when collected, and proceeds from the sale of general obligation bonds shall be placed by the treasurer in the proper fund. Taxes levied for the payment of general obligation bonds and interest thereon, when collected, shall be placed by the treasurer in the general obligation bond fund. The board of fire commissioners may include in its annual budget items of possible outlay to be provided for and held in reserve for any district purpose, and taxes shall be levied therefor. Such taxes, when collected, shall be placed by the treasurer in the reserve fund. The reserve fund, or any part of it, may be transferred by the treasurer to other funds of the district at any time by order of the board of fire commissioners. Special assessments levied against the lands in any improvement district within the district, when collected, shall be placed by the treasurer in the local improvement district fund for the local improvement district.
[ 2022 c 90 s 2; 1984 c 230 s 39; 1983 c 167 s 120; 1959 c 221 s 1; 1955 c 134 s 1; 1953 c 176 s 2; 1951 2nd ex.s. c 24 s 1; 1949 c 22 s 1; 1947 c 254 s 9; 1939 c 34 s 34; Rem. Supp. 1949 s 5654-134.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Funds.


title: RCW 52.16.030

text:
(1) Annually after the county board or boards of equalization of the county or counties in which the district is located have equalized the assessments for general tax purposes in that year, the secretary of the district shall prepare and certify a budget of the requirements of each district fund, and deliver it to the county legislative authority or authorities of the county or counties in which the district is located in ample time for the tax levies to be made for district purposes.
(2) In lieu of adopting an annual budget, a fire protection district may adopt a biennial budget with a mid-biennium review and modification for the second year of the biennium.
[ 2015 c 40 s 1; 1989 c 63 s 25; 1984 c 230 s 40; 1939 c 34 s 35; RRS s 5654-135.]

catchline: Budget for each fund—Biennial budget authority.


title: RCW 52.16.040

text:
At the time of making general tax levies in each year the county legislative authority or authorities of the county or counties in which a fire protection district is located shall make the required levies for district purposes against the real and personal property in the district in accordance with the equalized valuations of the property for general tax purposes and as a part of the general taxes. The tax levies shall be a part of the general tax roll and shall be collected as a part of the general taxes against the property in the district.
[ 1989 c 63 s 26; 1984 c 230 s 41; 1939 c 34 s 36; RRS s 5654-136.]
Notes:
Levy of taxes: Chapter 84.52 RCW.

catchline: Tax levies—Assessment roll—Collection.


title: RCW 52.16.050

text:
(1) Except as provided in subsections (2), (3), and (4) of this section, the county treasurer shall pay out money received for the account of the district on warrants issued by the county auditor against the proper funds of the district. The warrants shall be issued on vouchers approved and signed by a majority of the district board and by the district secretary.
(2) The board of fire commissioners of a district that had an annual operating budget of five million or more dollars in each of the preceding three years may by resolution adopt a policy to issue its own warrants for payment of claims or other obligations of the fire district. The board of fire commissioners, after auditing all payrolls and bills, may authorize the issuing of one general certificate to the county treasurer, to be signed by the chair of the board of fire commissioners, authorizing the county treasurer to pay all the warrants specified by date, number, name, and amount, and the accounting funds on which the warrants shall be drawn; thereupon the district secretary may issue the warrants specified in the general certificate.
(3) The board of fire commissioners of a district that had an annual operating budget of greater than two hundred fifty thousand dollars and under five million dollars in each of the preceding three years may upon agreement between the county treasurer and the fire district commission, with approval of the fire district commission by resolution, adopt a policy to issue its own warrants for payment of claims or other obligations of the fire district. The board of fire commissioners, after auditing all payrolls and bills, may authorize the issuing of one general certificate to the county treasurer, to be signed by the chair of the board of fire commissioners, authorizing the county treasurer to pay all the warrants specified by date, number, name, and amount, and the accounting funds on which the warrants shall be drawn. The district secretary may then issue the warrants specified in the general certificate.
(4) Fire districts that have appointed a treasurer, other than the county treasurer under RCW 52.16.010(2), shall pay out money received for the account of the district on warrants issued by the district against the proper funds of the district. The warrants shall be issued on vouchers approved and signed by a majority of the district board and by the district secretary.
(5) The treasurer may also pay general obligation bonds and the accrued interest thereon in accordance with their terms from the general obligation bond fund when interest or principal payments become due. The treasurer shall report in writing monthly to the secretary of the district the amount of money held by the county in each fund and the amounts of receipts and disbursements for each fund during the preceding month.
[ 2022 c 90 s 3; 2002 c 165 s 1; 1998 c 5 s 1; 1984 c 230 s 42; 1983 c 167 s 121; 1939 c 34 s 37; RRS s 5654-137.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Disbursal of funds—Issuance of warrants—Monthly reports.


title: RCW 52.16.061

text:
The board of fire commissioners of the district shall have authority to contract indebtedness and to refund same for any general district purpose, including expenses of maintenance, operation and administration, and the acquisition of firefighting facilities, and evidence the same by the issuance and sale of general obligation bonds of the district payable at such time or times not longer than twenty years from the issuing date of the bonds. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. Such bonds shall not exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the fire protection district, as the term "value of the taxable property" is defined in RCW 39.36.015.
[ 1993 c 231 s 1; 1984 c 186 s 39; 1983 c 167 s 122; 1970 ex.s. c 56 s 66; 1969 ex.s. c 232 s 89; 1955 c 134 s 2; 1953 c 176 s 3.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.


title: RCW 52.16.070

text:
Except as authorized by the issuance and sale of general obligation bonds, the creation of local improvements districts, and the issuance of local improvement bonds and warrants of the fire protection district, the board of fire commissioners may not incur expenses or other financial obligations payable in any year in excess of the aggregate amount of taxes levied for that year, revenues derived from all other sources, and the cash balances on hand in the expense and reserve funds of the district on the first day of that year. In the event that there are any unpaid warrants drawn on any district funds for expenses and obligations incurred and outstanding at the end of any calendar year, the warrants may be paid from taxes collected in the subsequent year or years and from other income.
[ 1984 c 230 s 43; 1983 c 167 s 123; 1975 1st ex.s. c 130 s 1; 1972 ex.s. c 16 s 1; 1959 c 221 s 2; 1955 c 134 s 3; 1951 2nd ex.s. c 24 s 10; 1947 c 254 s 11; 1943 c 106 s 1; 1941 c 70 s 5; 1939 c 34 s 39; Rem. Supp. 1947 s 5654-139.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—Construction—1975 1st ex.s. c 130: "If any section, clause, or other provision of this 1975 amendatory act, or its application to any person or circumstance, is held invalid, the remainder of such 1975 amendatory act, or the application of such section, clause, or provision to other persons or circumstances, shall not be affected. The rule of strict construction shall have no application to this 1975 amendatory act, but the same shall be liberally construed, in order to carry out the purposes and objects for which this 1975 amendatory act is intended. When this 1975 amendatory act comes in conflict with any provision, limitation, or restriction in any other law, this 1975 amendatory act shall govern and control." [ 1975 1st ex.s. c 130 s 6.]

catchline: Obligations shall not exceed taxes, revenues, and cash balances—Exceptions.


title: RCW 52.16.080

text:
Fire protection districts additionally are authorized to incur general indebtedness for capital purposes and to issue general obligation bonds not to exceed an amount, together with any outstanding general obligation indebtedness, equal to three-fourths of one percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in RCW 39.36.015, and to provide for the retirement thereof by excess property tax levies, when the voters of the district have approved a proposition authorizing such indebtedness and levies by an affirmative vote of three-fifths of those voting on the proposition at such election, at which election the total number of persons voting shall constitute not less than forty percent of the voters in the fire protection district who voted at the last preceding general state election. The maximum term of such bonds may not exceed twenty years. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. Such elections shall be held as provided in RCW 39.36.050.
[ 1984 c 186 s 40; 1973 1st ex.s. c 195 s 50; 1970 ex.s. c 42 s 30; 1953 c 176 s 4; 1951 2nd ex.s. c 24 s 3.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Bonds may be issued for capital purposes—Excess property tax levies.


title: RCW 52.16.130

text:
To carry out the purposes for which fire protection districts are created, the board of fire commissioners of a district may levy each year, in addition to the levy or levies provided in RCW 52.16.080 for the payment of the principal and interest of any outstanding general obligation bonds, an ad valorem tax on all taxable property located in the district not to exceed fifty cents per thousand dollars of assessed value: PROVIDED, That in no case may the total general levy for all purposes, except the levy for the retirement of general obligation bonds, exceed one dollar per thousand dollars of assessed value. Levies in excess of one dollar per thousand dollars of assessed value or in excess of the aggregate dollar rate limitations or both may be made for any district purpose when so authorized at a special election under RCW 84.52.130. Any such tax when levied shall be certified to the proper county officials for the collection of the tax as for other general taxes. The taxes when collected shall be placed in the appropriate district fund or funds as provided by law, and shall be paid out on warrants of the auditor of the county in which all, or the largest portion of, the district is located, upon authorization of the board of fire commissioners of the district.
[ 2002 c 180 s 3; 1989 c 63 s 27; 1985 c 7 s 121; 1984 c 230 s 44; 1983 c 167 s 126; 1973 1st ex.s. c 195 s 52; 1971 ex.s. c 105 s 1; 1963 ex.s. c 13 s 2; 1951 2nd ex.s. c 24 s 8.]
Notes:
Contingent effective date—2002 c 180: See note following RCW 84.52.052.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: General levy authorized—Limit—Excess levy at special election.


title: RCW 52.16.140

text:
Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, the board of fire commissioners of any district may levy, in addition to any levy for the payment of the principal and interest of outstanding general obligation bonds, an ad valorem tax on all property located in the district of not to exceed fifty cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the constitutional or statutory limitations, and the additional levy, or any portion of the levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies.
[ 1984 c 230 s 45; 1983 c 167 s 127; 1973 1st ex.s. c 195 s 53; 1951 2nd ex.s. c 24 s 9.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Levy of taxes: Chapter 84.52 RCW.
Protection from levy prorationing: RCW 84.52.120.

catchline: General levy may exceed limit—When.


title: RCW 52.16.150

text:
A fire protection district may accept and receive in behalf of the district any money or property donated, devised, or bequeathed to the district, and may carry out the terms of the donation, devise, or bequest, if within the powers granted by law to fire protection districts. In the absence of such terms, a fire protection district may expend or use the money or property for district purposes as determined by the board.
[ 1984 c 230 s 46; 1951 2nd ex.s. c 24 s 11.]

catchline: Donations and bequests to district.


title: RCW 52.16.160

text:
Notwithstanding the limitation of dollar rates contained in RCW 52.16.130, and in addition to any levy for the payment of the principal and interest of any outstanding general obligation bonds and in addition to any levy authorized by RCW 52.16.130, 52.16.140 or any other statute, the board of fire commissioners of any fire protection district within such county is hereby authorized to levy each year an ad valorem tax on all taxable property within such district of not to exceed fifty cents per thousand dollars of assessed value, which levy may be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional and/or statutory limitations.
[ 2017 c 107 s 1; 2002 c 84 s 1; 1985 c 112 s 1; 1983 c 167 s 128; 1973 1st ex.s. c 195 s 54; 1969 ex.s. c 243 s 2; 1961 c 53 s 9.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1969 ex.s. c 243: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 243 s 8.]
Protection from levy prorationing: RCW 84.52.120.

catchline: Tax levy authorized.


title: RCW 52.16.170

text:
In the event that lands lie within both a fire protection district and a forest protection assessment area they shall be taxed and assessed as follows:
(1) If the lands are wholly unimproved, they shall be subject to forest protection assessments but not to fire protection district levies;
(2) If the lands are wholly improved, they shall be subject to fire protection district levies but not to forest protection assessments;
(3) If the lands are partly improved and partly unimproved they shall be subject both to fire protection district levies and to forest protection assessments: PROVIDED, That upon request, accompanied by appropriate legal descriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres, and thereafter the unimproved portion or portions shall be subject only to forest protection assessments.
[ 1984 c 230 s 47; 1963 ex.s. c 13 s 3.]
Notes:
Forest protection assessments: RCW 76.04.610.

catchline: Taxation and assessment of lands lying both within a fire protection district and forest protection assessment area.


title: RCW 52.18.010

text:
(1) Pursuant to an approved initial or continued benefit charge authorized under RCW 52.18.050, the board of fire commissioners of a fire protection district may by resolution, for fire protection district purposes authorized by law, fix and impose a benefit charge on personal property and improvements to real property which are located within the fire protection district on the date specified and which have or will receive the benefits provided by the fire protection district, to be paid by the owners of the properties.
(2) A benefit charge does not apply to:
(a) Personal property and improvements to real property owned or used by any recognized religious denomination or religious organization as, or including, a sanctuary or for purposes related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational purposes or for institutions of higher education and all grounds and buildings related thereto, but not including personal property and improvements to real property owned or used by any recognized religious denomination or religious organization for business operations, profit-making enterprises, or activities not including use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for institutions of higher education; and
(b) Any of the following tax-exempt properties, provided such entity is not required to pay a fire protection charge under subsection (8) of this section:
(i) Property of housing authorities that is exempt from property taxes under RCW 35.82.210;
(ii) Property of nonprofit entities providing rental housing for very low-income households or providing space for the placement of a mobile home for a very low-income household that is exempt from property taxes under RCW 84.36.560;
(iii) Property of nonprofit homes for the aging that is exempt from property taxes under RCW 84.36.041;
(iv) Property of nonprofit organizations, corporations, or associations providing housing for eligible persons with developmental disabilities that is exempt from property taxes under RCW 84.36.042;
(v) Property of nonprofit organizations providing emergency or transitional housing for low-income homeless persons or victims of domestic violence who are homeless for personal safety reasons that is exempt from property taxes under RCW 84.36.043;
(vi) Property of the state housing finance commission that is exempt from property taxes under RCW 84.36.135; and
(vii) Property of nonprofit corporations operating sheltered workshops for persons with disabilities that is exempt from property taxes under RCW 84.36.350.
(3) A benefit charge may apply to a tax-exempt property included in subsection (2)(b) of this section if the tax-exempt property is located in a fire protection district that:
(a) Is less than four square miles in size;
(b) Has approved a benefit charge prior to May 5, 2017; and
(c) Has a population exceeding nineteen thousand people as of May 5, 2017, as determined by the office of financial management.
(4) A limited benefit charge may apply to property or improvements owned by a Christmas tree grower as defined in RCW 15.13.250(4) so long as the property or improvement is located on land that has been approved as farm and agricultural land with standing crops under chapter 84.34 RCW. For such property or improvement, a benefit charge may not exceed the reduction in property tax that results from the imposition of a benefit charge, as required under RCW 52.18.065.
(5) The aggregate amount of such benefit charges in any one year shall not exceed an amount equal to sixty percent of the operating budget for the year in which the benefit charge is to be collected: PROVIDED, That it shall be the duty of the county legislative authority or authorities of the county or counties in which the fire protection district is located to make any necessary adjustments to assure compliance with such limitation and to immediately notify the board of fire commissioners of any changes thereof.
(6) A benefit charge imposed shall be reasonably proportioned to the measurable benefits to property resulting from the services afforded by the district. It is acceptable to apportion the benefit charge to the values of the properties as found by the county assessor or assessors modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services. Any other method that reasonably apportions the benefit charges to the actual benefits resulting from the degree of protection, which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and shall be subject to contest on the ground of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the district. The board of fire commissioners may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution. A benefit charge authorized by this chapter shall not be applicable to the personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and whose fire protection and training system has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state, but such property may be protected by the fire protection district under a contractual agreement.
(7) For administrative purposes, the benefit charge imposed on any individual property may be compiled into a single charge, provided that the district, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge.
(8)(a) At the annual review of the fire benefit charge mandated by RCW 52.18.060(2), if a fire service agency has identified:
(i) A tax-exempt property under subsection (2)(b) of this section as having a substantial increase in requested emergency services over the previous year; or
(ii) A new tax-exempt property that is similar in size, population, and geographic location as another such tax-exempt property as having an increase in requested emergency services;
then the tax-exempt property and the fire service agency must work together, in good faith, to address the problem by implementing community risk reduction efforts. The community risk reduction plan may include but is not limited to wellness programs and community action plans.
(b) At the subsequent annual review, if the heightened service requirements have not been reasonably addressed by the joint mitigation efforts, and the tax-exempt property owner has not acted in good faith:
(i) The property is subject to assessment of the fire benefit charge in the subsequent year, subject to approval by the board of fire commissioners as outlined in RCW 52.18.060(2); or
(ii) The respective tax-exempt property shall pay the fire service agency a fire protection charge payment in lieu of a benefit charge. The fire protection charge shall be an amount equivalent to the benefit rates for similarly situated properties for that year.
(c) All tax-exempt properties identified under subsection (2)(b) of this section and all local fire service agencies are encouraged to work collaboratively to develop and implement programs to address proper usage of fire service resources for residents of the housing properties.
[ 2017 c 196 s 5; 1998 c 16 s 1; 1990 c 294 s 1; 1989 c 63 s 28; 1987 c 325 s 1; 1985 c 7 s 122; 1974 ex.s. c 126 s 1.]
Notes:
Application—2017 c 196 ss 5 and 6: "Sections 5 and 6 of this act apply to benefit charges approved after May 5, 2017." [ 2017 c 196 s 15.]
Effective date—2017 c 196 ss 1-9, 11, 13, and 14: See note following RCW 52.26.220.

catchline: Benefit charges authorized—Exemptions—Amounts—Limitations—Annual review.


title: RCW 52.18.020

text:
The term "personal property" for the purposes of this chapter shall include every form of tangible personal property, including but not limited to, all goods, chattels, stock in trade, estates, or crops: PROVIDED, That all personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract or for which the district is receiving payment for as authorized by RCW 52.30.020 and all property subject to the provisions of chapter 54.28 RCW, or all property that is subject to a contract for services with a fire protection district, shall be exempt from the benefit charge imposed under this chapter: PROVIDED FURTHER, That the term "personal property" shall not include any personal property used for farming, field crops, farm equipment or livestock: AND PROVIDED FURTHER, That the term "improvements to real property" shall not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other field improvements normally not subject to damage by fire.
[ 1990 c 294 s 2; 1987 c 325 s 2; 1985 c 7 s 123; 1974 ex.s. c 126 s 2.]

catchline: Personal property, improvements to real property—Defined.


title: RCW 52.18.030

text:
The resolution establishing benefit charges as specified in RCW 52.18.010 shall specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type, or other designation, or other information that is necessary to the proper computation of the benefit charge to be charged to each property owner subject to the resolution. The county assessor of each county in which the district is located shall determine and identify the personal properties and improvements to real property which are subject to a benefit charge in each fire protection district and shall furnish and deliver to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of benefit charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to apply to each. These benefit charges shall be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection charges for forestlands protected by the department of natural resources under RCW 76.04.610 and the same penalties and provisions for collection shall apply.
[ 1990 c 294 s 3; 1989 c 63 s 29; 1987 c 325 s 3; 1986 c 100 s 53; 1974 ex.s. c 126 s 3.]

catchline: Resolution establishing benefit charges—Contents—Listing—Collection.


title: RCW 52.18.040

text:
Each fire protection district shall contract, prior to the imposition of a benefit charge, for the administration and collection of the benefit charge by each county treasurer, who shall deduct a percent, as provided by contract to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of the resolution and this chapter. The county treasurer shall make distributions each year, as the charges are collected, in the amount of the benefit charges imposed on behalf of each district, less the deduction provided for in the contract.
[ 1990 c 294 s 4; 1989 c 63 s 30; 1987 c 325 s 4; 1974 ex.s. c 126 s 4.]

catchline: Reimbursement of county for administration and collection expenses.


title: RCW 52.18.050

text:
(1)(a) The initial imposition of a benefit charge authorized by this chapter must be approved by not less than sixty percent of the voters of the district voting at a general election or at a special election called by the district for that purpose.
(b) An election held for the initial imposition of a benefit charge must be held not more than twelve months prior to the date on which the first charge is to be assessed.
(c) A benefit charge approved at an election expires in six or fewer years as authorized by the voters unless subsequently reapproved by the voters.
(2) Ballot measures calling for the initial imposition of a benefit charge must be submitted so as to enable voters favoring the authorization of a benefit charge to vote "Yes" and those opposed to vote "No," and the ballot question must be as follows:
"Shall . . . . . . county fire protection district No. . . . . be authorized to impose benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.16.160?
YES
NO
□
□"
(3)(a) The continued imposition of a benefit charge authorized by this chapter may be approved for six consecutive years, ten consecutive years, or permanently.
A ballot measure calling for the continued imposition of a benefit charge for six consecutive years or ten consecutive years must be approved by a majority of the voters of the district voting at a general election or at a special election called by the district for that purpose.
A ballot measure calling for the continued imposition of a benefit charge as a permanent benefit charge must be approved by not less than sixty percent of the voters of the district voting at a general election or at a special election called by the district for that purpose.
(b) Ballot measures calling for the continued imposition of a benefit charge must be submitted so as to enable voters favoring the continued imposition of the benefit charge to vote "Yes" and those opposed to vote "No." The ballot question must be substantially in the following form:
"Shall . . . . . . county fire protection district No. . . . . be authorized to continue voter-authorized benefit charges. . . . . (insert "each year for six consecutive years," "each year for ten consecutive years," or "permanently"), not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW 52.16.160?
YES
NO
□
□"
[ 2020 c 99 s 1; 2017 c 196 s 4; 2013 c 49 s 1; 1998 c 16 s 2; 1990 c 294 s 5; 1989 c 27 s 1; 1987 c 325 s 5; 1974 ex.s. c 126 s 5.]
Notes:
Effective date—2017 c 196 ss 1-9, 11, 13, and 14: See note following RCW 52.26.220.

catchline: Voter approval of benefit charges required—Election—Ballot.


title: RCW 52.18.060

text:
(1) Not less than ten days nor more than six months before the election at which the proposition to impose the benefit charge is submitted as provided in this chapter, the board of fire commissioners of the district shall hold a public hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities which will maintain or improve the services afforded in the district. A report of the public hearing shall be filed with the county treasurer of each county in which the property is located and be available for public inspection.
(2) Prior to November 15 of each year the board of fire commissioners shall hold a public hearing to review and establish the fire district benefit charges for the subsequent year.
All resolutions imposing or changing the benefit charges shall be filed with the county treasurer or treasurers of each county in which the property is located, together with the record of each public hearing, before November 30 immediately preceding the year in which the benefit charges are to be collected on behalf of the district.
After the benefit charges have been established, the owners of the property subject to the charge shall be notified of the amount of the charge.
[ 1990 c 294 s 6; 1989 c 63 s 31; 1987 c 325 s 6; 1974 ex.s. c 126 s 6.]

catchline: Public hearing—Required—Report—Benefit charge resolution to be filed—Notification to property owners.


title: RCW 52.18.065

text:
A fire protection district that imposes a benefit charge under this chapter shall not impose all or part of the property tax authorized under RCW 52.16.160.
[ 1990 c 294 s 7; 1987 c 325 s 9.]

catchline: Property tax limited if benefit charge imposed.


title: RCW 52.18.070

text:
After notice has been given to the property owners of the amount of the charge, the board of fire commissioners of a fire protection district imposing a benefit charge under this chapter shall form a review board for at least a two-week period and shall, upon complaint in writing of a party aggrieved owning property in the district, reduce the charge of a person who, in their opinion, has been charged too large a sum, to a sum or amount as they believe to be the true, fair, and just amount.
[ 1990 c 294 s 8; 1987 c 325 s 7; 1974 ex.s. c 126 s 7.]

catchline: Review board.


title: RCW 52.18.080

text:
The Washington fire commissioners association, as soon as practicable, shall draft a model resolution to impose the fire protection district benefit charge authorized by this chapter and may provide assistance to fire protection districts in the establishment of a program to develop benefit charges.
[ 1990 c 294 s 9; 1987 c 325 s 8; 1974 ex.s. c 126 s 8.]

catchline: Model resolution.


title: RCW 52.18.090

text:
A person who is receiving the exemption contained in RCW 84.36.381 through 84.36.389 shall be exempt from any legal obligation to pay a portion of the charge imposed by this chapter according to the following.
(1) A person who meets the income limitation contained in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) shall be exempt from twenty-five percent of the charge.
(2) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(i) shall be exempt from fifty percent of the charge.
(3) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(ii) shall be exempt from seventy-five percent of the charge.
[ 1990 c 294 s 10.]

catchline: Exemptions.


title: RCW 52.20.010

text:
If, for fire protection or emergency medical purposes the acquisition, maintenance, and operation of real property, buildings, apparatus, and instrumentalities needed to provide such services are of special benefit to part or all of the lands in the fire protection district, the board of fire commissioners may include the lands in a local improvement district, and may levy special assessments under a mode of annual installments extending over a period not exceeding twenty years on all property specially benefited by any local improvement, on the basis of the special benefits to pay in whole or in part the damages or costs of improvements ordered in the local improvement district. Local improvement districts may be initiated either by resolution of the board of fire commissioners or by petition signed by the owners of a majority of the acreage of lands to be included within the local improvement district.
If the petition procedure is followed, the petition shall set forth generally the necessity for the creation of a local improvement district, outline the plan of fire or emergency medical protection to be accomplished, and the means by which the cost shall be financed. Upon receipt of a petition, the board of fire commissioners of the district shall at its next regular meeting review the petition. The owners of the lands as shown on the general tax roll in the county treasurer's office, last equalized, shall be used to determine the ownership of the lands to be included in the local improvement district. If the petition is sufficient, the district board shall consider the petition and determine whether the proposed local improvement appears feasible and of special benefit to the lands concerned.
If the board of fire commissioners desire[s] to initiate the formation of a local improvement district by resolution, it shall adopt a resolution declaring its intention to order the proposed improvement, set forth the nature and territorial extent of the proposed improvement, designate the number of the proposed district, describe the boundaries, state the estimated costs and expenses of the improvement and the proportionate amount of the costs which will be borne by the property within the proposed district, and fix a date, time, and place for a public hearing on the formation of the proposed district.
[ 1984 c 230 s 48; 1975 1st ex.s. c 130 s 2; 1961 c 161 s 1; 1939 c 34 s 40; RRS s 5654-140.]
Notes:
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.

catchline: L.I.D.'s authorized—Petition or resolution method.


title: RCW 52.20.020

text:
If the petition is found insufficient or if the district board determines that a local improvement district is not feasible or is of no special benefit to the lands concerned, it shall dismiss the petition. If the district board approves the petition or adopts a resolution of intention to order an improvement, it shall fix a date, hour, and place for hearing the matter and shall (1) mail notice of the hearing at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of each lot, tract, or parcel of land within the proposed local improvement district as shown on the tax rolls of the county treasurer at the address shown thereon, and (2) publish notice of the hearing in a newspaper of general circulation in the county, for three consecutive weeks prior to the day of the hearing. The cost of publication shall be paid by the fire protection district. The notices shall describe the boundaries of the proposed local improvement district and the plan of fire or emergency medical protection proposed, or may refer to the resolution of intention describing the nature and territorial extent of the proposed improvement. The notices shall state the means by which the cost shall be financed, shall state the date, hour, and place of the hearing on the petition and shall be signed by the secretary of the fire protection district. In addition, the notice given each owner or reputed owner by mail shall state the estimated cost and expense of the improvement to be borne by the particular lot, tract, or parcel.
[ 1984 c 230 s 49; 1975 1st ex.s. c 130 s 3; 1961 c 161 s 2; 1939 c 34 s 41; RRS s 5654-141.]
Notes:
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.

catchline: Dismissal, approval of petition or resolution of intention—Notice of hearing.


title: RCW 52.20.022

text:
Any notice given to the public or to the owners of specific lots, tracts, or parcels of land relating to the formation of a local improvement district shall contain a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to the increased true and fair value the improvement adds to the property.
[ 1989 c 243 s 7.]

catchline: Notice must contain statement that assessments may vary from estimates.


title: RCW 52.20.025

text:
The hearing and all subsequent proceedings in connection with the local improvement, including but not limited to the levying, collection, and enforcement of local improvement assessments, and the authorization, issuance, and payment of local improvement bonds and warrants shall be in accordance with the provisions of law applicable to cities and towns set forth in chapters 35.43, 35.44, 35.45, 35.49, 35.50, and 35.53 RCW. Fire protection districts may exercise the powers set forth in those chapters: PROVIDED, That no local improvement guaranty fund may be created: PROVIDED FURTHER, That for the purposes of RCW 52.16.070, 52.20.010, 52.20.020, and 52.20.025, with respect to the powers granted and the duties imposed in chapters 35.43, 35.44, 35.45, 35.50, and 35.53 RCW:
(1) The words "city or town" mean fire protection district.
(2) The secretary of a fire protection district shall perform the duties of the "clerk" or "city or town clerk."
(3) The board of fire commissioners of a fire protection district shall perform the duties of the "council" or "city or town council" or "legislative authority of a city or town."
(4) The board of fire commissioners of a fire protection district shall perform the duties of the "mayor."
(5) The word "ordinance" means a resolution of the board of fire commissioners of a fire protection district.
(6) The treasurer or treasurers of the county or counties in which a fire protection district is located shall perform the duties of the "treasurer" or "city or town treasurer."
[ 1989 c 63 s 32; 1984 c 230 s 50; 1975 1st ex.s. c 130 s 4; 1961 c 161 s 3.]
Notes:
Severability—Construction—1975 1st ex.s. c 130: See note following RCW 52.16.070.

catchline: Hearing and subsequent proceedings to be in accordance with laws applicable to cities and towns—Definitions.


title: RCW 52.20.027

text:
RCW 52.20.010, 52.20.020, and 52.20.025 shall not apply to any tracts or parcels of wholly forest-type lands within the district which are required to pay forest fire protection assessments, as required by RCW 76.04.610; however, both the tax levy or special assessments of the district and the forest fire protection assessment shall apply to the forestland portion of any tract or parcel which is in the district containing a combination of both forest-type lands and nonforest-type lands or improvements: PROVIDED, That an owner has the right to have forest-type lands of more than twenty acres in extent separated from land bearing improvements and from nonforest-type lands for taxation and assessment purposes upon furnishing to the assessor a written request containing the proper legal description.
[ 1986 c 100 s 54; 1984 c 230 s 51; 1961 c 161 s 5.]

catchline: Lands subject to forest fire protection assessments exempt—Separation of forest-type lands for tax and assessment purposes.


title: RCW 52.20.060

text:
(1) The district board may also, if in accordance with the adopted method of financing the local improvement district, issue and sell at par and accrued interest coupon or registered warrants payable within three years from the date thereof exclusively from the local improvement fund of the district. The coupon or registered warrants shall bear semiannual interest and shall be in such form as the board determines and shall state on their face that they are payable exclusively from the local improvement fund of the district. Interest shall be payable on the first day of January and of July. Such warrants may be registered as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such warrants may be issued and sold in accordance with chapter 39.46 RCW.
[ 1984 c 230 s 52; 1983 c 167 s 129; 1970 ex.s. c 56 s 68; 1969 ex.s. c 232 s 90; 1939 c 34 s 45; RRS s 5654-145.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Coupon or registered warrants—Payment—Interest—Registration.


title: RCW 52.20.070

text:
A fire protection district shall not be liable under any contract creating an obligation chargeable against the lands of any local improvement district therein, unless the liability and the extent thereof is specifically stated in the contract.
[ 1984 c 230 s 53; 1939 c 34 s 21; RRS s 5654-121.]

catchline: Contracts not general district obligations.


title: RCW 52.22.011

text:
The respective areas, organized and established or attempted to be organized and established under the authority granted in Title 52 RCW which since their organization and establishment or attempted organization and establishment have continuously maintained their organization as fire protection districts established under the authority of these statutes are declared to be properly organized fire protection districts existing under and by virtue of the statutes having in each case, the boundaries set forth in the respective organization proceedings of each of them as shown by the files and records in the offices of the legislative authority or authorities and auditor or auditors of the county or counties in which the particular area lies.
[ 1989 c 63 s 33; 1984 c 230 s 66; 1947 c 230 s 1; Rem. Supp. 1947 s 5654-151o. Formerly RCW 52.32.010.]

catchline: Legislative validation.


title: RCW 52.22.021

text:
The board of fire commissioners of a fire protection district now existing or which may be organized under the laws of this state may commence a special proceeding in the superior court of the state of Washington. These proceedings for the organization of the fire district, for the formation of any local improvement district therein, or proceedings for the authorization, issuance, and sale of coupon or registered warrants or general obligation bonds issued pursuant to RCW 52.16.061, either of the fire district or for a local improvement district therein, or both, whether the bonds or coupon or registered warrants have been sold, or proceedings for any contract of the district involving the fire district or any local improvement district therein, and any other proceedings that may affect the legality of the proceedings concerned or any or all of the proceedings above outlined, may be judicially examined, approved, and confirmed.
[ 1984 c 230 s 67; 1983 c 167 s 130; 1947 c 255 s 1; Rem. Supp. 1947 s 5654-153a. Formerly RCW 52.34.010 and 52.32.020.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1947 c 255: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or of any section, provision, or part thereof not adjudged to be invalid or unconstitutional." [ 1947 c 255 s 10.] This applies to RCW 52.22.021 through 52.22.101.

catchline: Special proceedings for judicial confirmation of organization, bonds, warrants, contracts, etc.


title: RCW 52.22.031

text:
The board of fire commissioners of the fire protection district shall file in the superior court of the county in which the fire protection district was organized, a petition requesting in effect that the proceedings be examined, approved, and confirmed by the court. The petition shall state the facts showing any of the proceedings that the petition asks the court to examine, approve, and confirm, but need allege only generally that the fire protection district was properly organized and that the first board of fire commissioners was properly elected.
[ 1984 c 230 s 68; 1947 c 255 s 2; Rem. Supp. 1947 s 5654-153b. Formerly RCW 52.34.020 and 52.32.030.]

catchline: Petition.


title: RCW 52.22.041

text:
The court shall fix the time for the hearing of the petition and direct the clerk of the court to give notice of the filing of the petition and of the time and place fixed for the hearing. The notice shall state the time and place of the hearing of the petition and that any person interested in the proceedings sought by the petition to be examined, approved, and confirmed by the court, may on or before the date of the hearing of the petition, answer the petition. The petition may be referred to and described in the notice as the petition of the board of fire commissioners of . . . . . . county fire protection district No. . . . . . . . . . (giving the county and its number or any other name by which it is officially designated), requesting that the proceedings (naming them as set out in the request of the petition), be examined, approved, and confirmed by the court, and shall be signed by the clerk.
The notice shall be given by posting and publishing for the same length of time that the notice of the hearing on the petition before the county legislative body to form the district was required by law to be posted and published, and it may be published in any legal newspaper designated in the order of the court fixing the time and place of the hearing of the petition and directing the clerk of the court to give notice thereof.
[ 1984 c 230 s 69; 1947 c 255 s 3; Rem. Supp. 1947 s 5654-153c. Formerly RCW 52.34.030 and 52.32.040.]
Notes:
Public hearing—Notice—Publication and posting: RCW 52.02.050.

catchline: Hearing date to be fixed—Notice.


title: RCW 52.22.051

text:
A person interested in the fire protection district, or in a local improvement district therein, involved in the petition or in any proceedings sought by the petition to be examined, approved, and confirmed by the court, may answer the petition. The statutes of this state respecting answers to verified complaints are applicable to answers to the petition. The person so answering the petition shall be the defendant in the special proceeding, and the board of fire commissioners shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer must, for purposes of the special proceedings, be taken as true, and each person failing to answer the petition is deemed to admit as true all the material statements of the petition.
[ 1984 c 230 s 70; 1947 c 255 s 4; Rem. Supp. 1947 s 5654-153d. Formerly RCW 52.34.040 and 52.32.050.]
Notes:
Pleadings: Chapters 4.32, 4.36 RCW.

catchline: Answer of petition.


title: RCW 52.22.061

text:
The rules of pleading and practice governing civil actions are applicable to the special proceedings provided for except where inconsistent with this chapter. A motion for a new trial must be made upon the minutes of the court and in case of an order granting a new trial, the order must specify the issue to be reexamined at the new trial. The findings of the court on the other issues shall not be affected by the order granting a new trial.
[ 1984 c 230 s 71; 1947 c 255 s 5; Rem. Supp. 1947 s 5654-153e. Formerly RCW 52.34.050 and 52.32.060.]
Notes:
New trials: Chapter 4.76 RCW.

catchline: Pleading and practice—Motion for new trial.


title: RCW 52.22.071

text:
At the hearing of the special proceedings, the court has power and jurisdiction to examine and determine the legality and validity of, and to approve and confirm, each and all of the proceedings for the organization of the fire protection district and for the formation of any local improvement district therein under the law relating to such districts from and including the petition for the organization of the fire district and for the formation of any local improvement district therein and all other proceedings which affect the legality of the districts, or the validity and legality of any coupon or registered warrants or bonds either of the fire district or for a local improvement district therein and all proceedings conducted by the fire district for a contract of the district involving the fire district or a local improvement district therein, and any other proceeding which may affect the legality of the proceedings concerned.
[ 1984 c 230 s 72; 1983 c 167 s 131; 1947 c 255 s 6; Rem. Supp. 1947 s 5654-153f. Formerly RCW 52.34.060 and 52.32.070.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Jurisdiction of court.


title: RCW 52.22.081

text:
The court has full authority and jurisdiction to consider any question of laches, estoppel, and other infirmities in the position and claims of the defendants, to question the legality of the proceedings sought by the plaintiff to be confirmed by the court, and to pass upon and determine them. The court, in inquiring into the regularity, legality, and correctness of the proceedings sought by the board of fire commissioners in its petition to be examined, approved, and confirmed by the court, must disregard any error, irregularity, or omission which does not affect the substantial rights of the parties to the special proceedings. The court may approve and confirm the proceedings in part, and disapprove and declare illegal or invalid other or subsequent parts of the proceedings, or it may approve and confirm all of the proceedings, and make and enter its decree accordingly.
[ 1984 c 230 s 73; 1947 c 255 s 7; Rem. Supp. 1947 s 5654-153g. Formerly RCW 52.34.070 and 52.32.080.]

catchline: Minor irregularities to be disregarded.


title: RCW 52.22.091

text:
The court shall find and determine, in these special proceedings, whether the notice of the filing of the petition and of the time and place of hearing on the petition has been properly posted and published for the time and in the manner prescribed in this chapter. The costs of the special proceedings may be allowed and apportioned between all the parties, in the court's discretion.
[ 1984 c 230 s 74; 1947 c 255 s 8; Rem. Supp. 1947 s 5654-153h. Formerly RCW 52.34.080 and 52.32.090.]

catchline: Costs.


title: RCW 52.22.101

text:
Appellate review of an order granting or refusing a new trial, or from the judgment, in the special proceedings must be taken by the party aggrieved within thirty days after the entry of the order or the judgment.
[ 1988 c 202 s 50; 1984 c 230 s 75; 1947 c 255 s 9; Rem. Supp. 1947 s 5654-153i. Formerly RCW 52.34.090 and 52.32.100.]
Notes:
Rules of court: Cf. RAP 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Appellate review.


title: RCW 52.22.111

text:
All fire protection districts are governed by Title 52 RCW.
[ 1984 c 230 s 86.]

catchline: Districts governed by Title 52 RCW.


title: RCW 52.26.010

text:
The legislature finds that:
(1) The ability to respond to emergency situations by many of Washington state's fire protection jurisdictions has not kept up with the state's needs, particularly in urban regions;
(2) Providing a fire protection service system requires a shared partnership and responsibility among the federal, state, local, and regional governments and the private sector;
(3) There are efficiencies to be gained by regional fire protection service delivery while retaining local control; and
(4) Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection service agencies, using already existing taxing authority to address fire protection emergency service needs and new authority to address critical fire protection projects and emergency services.
[ 2004 c 129 s 1.]

catchline: Findings.


title: RCW 52.26.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the governing body of a regional fire protection service authority.
(2) "Elected official" means an elected official of a participating fire protection jurisdiction or a regional fire protection district commissioner created under RCW 52.26.080.
(3) "Fire protection jurisdiction" means a fire district, regional fire protection service authority, city, town, port district, municipal airport, or Indian tribe.
(4) "Participating fire protection jurisdiction" means a fire protection jurisdiction participating in the formation or operation of a regional fire protection service authority.
(5) "Reasonable proximity" means geographical areas near enough to each other so that governance, management, and services can be delivered effectively.
(6) "Regional fire protection service authority" or "authority" means a municipal corporation, an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, whose boundaries are coextensive with two or more fire protection jurisdictions located within reasonable proximity and that has been created by a vote of the people under this chapter to implement a regional fire protection service authority plan.
(7) "Regional fire protection service authority plan" or "plan" means a plan to develop and finance a regional fire protection service authority project or projects including, but not limited to, specific capital projects, fire operations and emergency service operations pursuant to RCW 52.26.040(3)(b), and preservation and maintenance of existing or future facilities.
(8) "Regional fire protection service authority planning committee" or "planning committee" means the advisory committee created under RCW 52.26.030 to create and propose to fire protection jurisdictions a regional fire protection service authority plan to design, finance, and develop fire protection and emergency service projects.
(9) "Regular property taxes" has the same meaning as in RCW 84.04.140.
[ 2018 c 28 s 5; 2017 c 196 s 7. Prior: 2011 c 141 s 1; 2006 c 200 s 1; 2004 c 129 s 2.]
Notes:
Effective date—2017 c 196 ss 1-9, 11, 13, and 14: See note following RCW 52.26.220.

catchline: Definitions.


title: RCW 52.26.030

text:
Regional fire protection service authority planning committees are advisory entities that are created, convened, and empowered as follows:
(1) Any two or more fire protection jurisdictions located within reasonable proximity may create a regional fire protection service authority and convene a regional fire protection service authority planning committee. No fire protection jurisdiction may participate in more than one created authority.
(2) Each governing body of the fire protection jurisdictions participating in planning under this chapter shall appoint three elected officials to the authority planning committee. Members of the planning committee may receive compensation of seventy dollars per day, or portion thereof, not to exceed seven hundred dollars per year, for attendance at planning committee meetings and for performance of other services in behalf of the authority, and may be reimbursed for travel and incidental expenses at the discretion of their respective governing body.
(3) A regional fire protection service authority planning committee may receive state funding, as appropriated by the legislature, or county funding provided by the affected counties for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred. Upon creation of a regional fire protection service authority, the authority shall within one year reimburse the state or county for any sums advanced for these start-up costs from the state or county.
(4) The planning committee shall conduct its affairs and formulate a regional fire protection service authority plan as provided under RCW 52.26.040.
(5) At its first meeting, a regional fire protection service authority planning committee may elect officers and provide for the adoption of rules and other operating procedures.
(6) The planning committee may dissolve itself at any time by a majority vote of the total membership of the planning committee. Any participating fire protection jurisdiction may withdraw upon thirty calendar days' written notice to the other jurisdictions.
[ 2018 c 28 s 3; 2017 c 196 s 8; 2004 c 129 s 3.]
Notes:
Effective date—2017 c 196 ss 1-9, 11, 13, and 14: See note following RCW 52.26.220.

catchline: Planning committee—Formation—Powers.


title: RCW 52.26.040

text:
(1) A regional fire protection service authority planning committee shall adopt a regional fire protection service authority plan providing for the governance, design, financing, and development of fire protection and emergency services. The planning committee may consider the following factors in formulating its plan:
(a) Land use planning criteria; and
(b) The input of cities and counties located within, or partially within, a participating fire protection jurisdiction.
(2) The planning committee may coordinate its activities with neighboring cities, towns, and other local governments that engage in fire protection planning.
(3) The planning committee shall:
(a) Create opportunities for public input in the development of the plan;
(b) Adopt a plan proposing the creation of a regional fire protection service authority and recommending governance, design, financing, and development of fire protection and emergency service facilities and operations, including maintenance and preservation of facilities or systems. The plan may authorize the authority to establish a system of ambulance service to be operated by the authority or operated by contract after a call for bids. However, the authority shall not provide for the establishment of an ambulance service that would compete with any existing private ambulance service, unless the authority determines that the region served by the authority, or a substantial portion of the region served by the authority, is not adequately served by an existing private ambulance service. In determining the adequacy of an existing private ambulance service, the authority shall take into consideration objective generally accepted medical standards and reasonable levels of service which must be published by the authority. Following the preliminary conclusion by the authority that the existing private ambulance service is inadequate, and before establishing an ambulance service or issuing a call for bids, the authority shall allow a minimum of sixty days for the private ambulance service to meet the generally accepted medical standards and accepted levels of service. In the event of a second preliminary conclusion of inadequacy within a twenty-four-month period, the authority may immediately issue a call for bids or establish its own ambulance service and is not required to afford the private ambulance service another sixty-day period to meet the generally accepted medical standards and reasonable levels of service. A private ambulance service that is not licensed by the department of health or whose license is denied, suspended, or revoked is not entitled to a sixty-day period within which to demonstrate adequacy and the authority may immediately issue a call for bids or establish an ambulance service; and
(c) In the plan, recommend sources of revenue authorized by RCW 52.26.050, identify the portions of the plan that may be amended by the board of the authority without voter approval, consistent with RCW 52.26.050, and recommend a financing plan to fund selected fire protection and emergency services and projects.
(4) Once adopted, the plan must be forwarded to the participating fire protection jurisdictions' governing bodies to initiate the election process under RCW 52.26.060.
(5) If the ballot measure is not approved, the planning committee may redefine the selected regional fire protection service authority projects, financing plan, and the ballot measure. The fire protection jurisdictions' governing bodies may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at a subsequent election or a special election. If a ballot measure is not approved by the voters by the third vote, the planning committee is dissolved.
[ 2011 c 141 s 2; 2006 c 200 s 2; 2004 c 129 s 4.]

catchline: Planning committee—Formulation of service plan—Competition with private ambulance service.