title: RCW 52.02.080

text:
The election on the formation of the district and to elect the initial fire commissioners shall be conducted by the election officials of the county or counties in which the proposed district is located in accordance with the general election laws of the state. This election shall be held at the next general election date according to RCW 29A.04.321 and 29A.04.330, that occurs after the date of the action by the boundary review board, or county legislative authority or authorities, approving the proposal.
[ 2006 c 344 s 32; 1989 c 63 s 6; 1984 c 230 s 7; 1939 c 34 s 7; RRS s 5654-107. Formerly RCW 52.04.080.]
Notes:
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Elections: Title 29A RCW.

catchline: Election.


doc_type: statute

jurisdiction: wa

title: RCW 52.02.110

text:
If three-fifths of all the votes cast at the election were cast in favor of the ballot proposition to create the proposed fire protection district, the county legislative authority of the county in which all, or the largest portion of, the proposed district is located shall by resolution declare the territory organized as a fire protection district under the name designated and shall declare the candidate for each fire commissioner position who receives the highest number of votes for that position to be an initial fire commissioner of the district.
[ 1989 c 63 s 7; 1984 c 230 s 10; 1941 c 70 s 2; 1939 c 34 s 10; Rem. Supp. 1941 s 5654-110. Formerly RCW 52.04.110.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Declaration of election results—Resolution.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 52.02.140

text:
Any person or entity having a substantial interest and feeling aggrieved by any finding, determination, or resolution of the county legislative authority in the proceedings for the organization of a fire protection district under this title, may appeal within five days after the action of the county legislative authority to the superior court of the county, in the same manner as provided by law for appeals from the orders and determinations of the county legislative authority.
[ 1984 c 230 s 13; 1939 c 34 s 13; RRS s 5654-113. Formerly RCW 52.04.140.]
Notes:
Appeal from board's action: RCW 36.32.330.

catchline: Appeal.


title: RCW 52.02.150

text:
After the expiration of five days from the approval of the resolution of the county legislative authority declaring the district to be organized, and the filing of the certified copies of the resolution of the county legislative authority with the county auditor and the county assessor, the creation of the district is complete and its legal existence cannot thereafter be questioned by any person by reason of a defect in the proceedings for the organization of the district.
[ 1984 c 230 s 14; 1939 c 34 s 14; RRS s 5654-114. Formerly RCW 52.04.150.]

catchline: Organization conclusive.


title: RCW 52.02.160

text:
(1) As an alternative to the petition method of formation for fire protection districts provided in this chapter, the legislative authority of a city or town may by resolution, subject to the approval of the voters, establish a fire protection district with boundaries that are the same as the corporate boundaries of the city or town for the provision of fire prevention services, fire suppression services, and emergency medical services, and for the protection of life and property within the city or town.
(a) Any resolution adopted by a city or town under this section to establish a fire protection district must, at a minimum:
(i) Contain a financing plan for the fire protection district. As part of the financing plan, the city or town may propose the imposition of revenue sources authorized by this title for fire protection districts, such as property taxes, as provided in chapter 52.16 RCW, or benefit charges, as provided in chapter 52.18 RCW; and
(ii) Set a date for a public hearing on the resolution.
(b) The financing plan in the resolution adopted by the city or town must contain the following information regarding property taxes that will be imposed by the fire protection district and city or town subsequent to the formation of the district:
(i) The dollar amount the fire protection district will levy in the first year in which the fire protection district imposes any of the regular property taxes in RCW 52.16.130, 52.16.140, or 52.16.160;
(ii) If the fire protection district is formed prior to July 1, 2026, the city's or town's highest lawful levy for the purposes of RCW 84.55.092, reduced by the fire protection district's levy amount from (b)(i) of this subsection. This reduced highest lawful levy becomes the city's or town's highest lawful levy since 1986 for subsequent levy limit calculations under chapter 84.55 RCW; and
(iii) The estimated aggregate net dollar amount impact on property owners within the city or town based on the levy rate including, if the fire protection district is formed prior to July 1, 2026, the city's or town's levy reduction described in (b)(ii) of this subsection.
(c) If a city or town proposes the initial imposition of a benefit charge as a revenue source for the fire protection district under (a) of this subsection, the resolution adopted by the city or town must comply with the requirements of RCW 52.18.030.
(d) Notice of public hearing on a resolution adopted by a city or town must be published on a city website or local newspaper for three consecutive weeks, and must be posted for at least fifteen days prior to the date of the hearing in three public places within the boundaries of the proposed fire protection district. Additional notice of the hearing may be given by mail, or in any manner the city legislative authorities deem necessary to notify affected persons. All notices must contain the time, date, and place of the public hearing.
(e) Prior to adopting a resolution under this section, the legislative authority of the city or town must:
(i) Include labor organizations representing employees who perform fire prevention, fire suppression, and emergency medical services within the city or town, to consult on development of the proposed financing plan, governance structure, and anticipated impacts on service delivery and employment conditions; and
(ii) If the city or town is located within the boundaries of a public hospital district, the city or town must consult with the public hospital district on any impact of the financing plan on the public hospital district property tax levy.
(2)(a) A resolution adopted under this section is not effective unless approved by the voters of the city or town at a general election. The resolution must be approved:
(i) By a simple majority of the voters of the city or town; or
(ii) If the resolution proposes the initial imposition of a benefit charge, by sixty percent of the voters of the city or town.
(b) An election to approve or reject a resolution forming a fire protection district, including the proposed financial plan and any imposition of revenue sources for the fire protection district, must be conducted by the election officials of the county or counties in which the proposed district is located in accordance with the general election laws of the state. If a resolution forming a fire protection district provides that the fire protection district will be governed by a board of independently elected fire commissioners, as permitted under RCW 52.14.140, then the initial independently elected fire commissioners must be elected at the same election where the resolution is submitted to the voters authorizing the creation of the fire protection district. The election must be held at the next general election date, according to RCW 29A.04.321 and 29A.04.330, occurring after the date of the public hearing on the resolution adopted by the city or town legislative authority. The ballot title must include the information regarding property taxes that is required to be in the financing plan of the resolution under subsection (1)(b) of this section.
(c) If a ballot proposition on the resolution is approved by voters, as provided in (a) of this subsection, the county legislative authority shall by resolution declare the fire protection district organized under the name designated in the ballot proposition.
(d) Nothing contained in this chapter may be construed to alter a municipal airport fire department or affect any powers authorized under RCW 14.08.120. If a question arises as to whether this chapter modifies the affairs of municipal airports in any way, the answer is no.
(3)(a) For any fire protection district formed under this section prior to July 1, 2026, a city or town must reduce its general fund regular property tax levy by the total combined levy of the fire protection district as proposed by the district in accordance with subsection (1)(b)(i) of this section. The reduced levy amount of the city or town must occur in the first year in which the fire protection district imposes any of the property taxes in RCW 52.16.130, 52.16.140, or 52.16.160 and must be specified in the financing plan and ballot proposition as provided in this section. If the fire protection district does not impose all three levies under RCW 52.16.130, 52.16.140, and 52.16.160 when it begins operations, the city must further reduce its general fund regular property tax levy if the district initially imposes any of the levies in subsequent years, by the amount of such levy or levies initially imposed in a subsequent year.
(b) For any fire protection district formed under this section on or after July 1, 2026, for the city or town participating in the fire protection district, with the exception of cities over 500,000 in population as of 2025, the regular levies of the city or town may not exceed the applicable rates provided in RCW 27.12.390, 52.04.081, and 84.52.043(1) less the aggregate rates of any regular levies made by the district under RCW 52.16.130, 52.16.140, or 52.16.160.
[ 2026 c 221 s 1001; 2017 c 328 s 1.]
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: Petition alternative, resolution—Adoption requirements—Public hearing—Voter approval—General fund reduction.


title: RCW 52.02.170

text:
(1) A fire protection district may establish an ambulance service to be operated as a public utility. However, the fire protection district may not provide for the establishment of an ambulance service utility that would compete with any existing private ambulance service unless the fire protection district determines that the area served by the fire protection district, or a substantial portion of that area, is not adequately served by an existing private ambulance service.
(2) In determining the adequacy of an existing private ambulance service, the fire protection district must take into consideration objective generally accepted medical standards and reasonable levels of service, which must be published by the fire protection district. If a fire protection district makes a preliminary conclusion that an existing private ambulance service is inadequate, the fire protection district must allow a minimum of sixty days for the private ambulance service to meet the generally accepted medical standards and accepted levels of service. If the fire protection district makes a second preliminary conclusion of inadequacy within a twenty-four month period, the fire protection district may immediately issue a call for bids or establish its own ambulance service utility 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.
(3) A private ambulance service that is not licensed by the department of health, or has had its license denied, suspended, or revoked, is not entitled to a sixty-day period to demonstrate adequacy, and the fire protection district may immediately issue a call for bids or establish an ambulance service utility.
(4) A private ambulance service that abandons service in the area served by the fire protection district, or a substantial portion of the area served by the fire protection district, is not entitled to a sixty-day period to demonstrate adequacy, and the fire protection district may immediately issue a call for bids or establish an ambulance service utility. If a fire protection district becomes aware of an intent to abandon service at a future date, the fire protection district may immediately issue a call for bids or establish an ambulance service utility to avoid an interruption in service.
(5) For purposes of this section, "fire protection district" means a fire protection district established by the legislative authority of a city or town pursuant to RCW 52.02.160.
[ 2017 c 328 s 2.]

catchline: Ambulance service as public utility—Limitations—Definition.


title: RCW 52.02.180

text:
(1) Except as provided otherwise in the resolution adopted by the legislative authority of a city or town establishing a fire protection district under RCW 52.02.160, all powers, duties, and functions of the city or town fire department pertaining to fire protection and emergency services of the city or town are transferred to the fire protection district on its creation date.
(2)(a) The city or town fire department must transfer or deliver to the fire protection district:
(i) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the city or town fire department pertaining to fire protection and emergency services powers, functions, and duties;
(ii) All real property and personal property including cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the city or town fire department in carrying out the fire protection and emergency services powers, functions, and duties; and
(iii) All funds, credits, or other assets held by the city or town fire department in connection with fire protection and emergency services powers, functions, and duties.
(b) Any appropriations made to the city or town fire department for carrying out the fire protection and emergency services powers, functions, and duties of the city or town must be transferred and credited to the fire protection district.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred to the fire protection district, the legislative authority of the city or town must make a determination as to the proper allocation.
(3) All rules and all pending business before the city or town fire department pertaining to the fire protection and emergency services powers, functions, and duties transferred must be continued and acted upon by the fire protection district, and all existing contracts and obligations remain in full force and must be performed by the fire protection district.
(4) The transfer of powers, duties, functions, and personnel of the city or town fire department do not affect the validity of any act performed before creation of the fire protection district.
(5) If apportionments of budgeted funds are required because of the transfers, the treasurer for the city or town fire department must certify the apportionments.
(6)(a) Subject to (c) of this subsection, all employees of the city or town fire department are transferred to the fire protection district on its creation date. Upon transfer, unless an agreement for different terms of transfer is reached between the collective bargaining representatives of the transferring employees and the fire protection district, an employee is entitled to the employee rights, benefits, and privileges to which he or she would have been entitled as an employee of the city or town fire department, including rights to:
(i) Compensation at least equal to the level at the time of transfer;
(ii) Retirement, vacation, sick leave, and any other accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if one had been completed before the transfer date.
(b) If a city or town provides for civil service in its fire department, the collective bargaining representatives of the transferring employees and the fire protection district must negotiate regarding the establishment of a civil service system within the fire protection district.
(c) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law.
(7) A fire protection district formed under RCW 52.02.160 may contract with the city or town for services including but not limited to administrative services such as information technology, financial, and human resources functions.
[ 2026 c 221 s 1002; 2017 c 328 s 5.]
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: Transfer of fire protection and emergency services from fire department to fire protection district—Procedure.


title: RCW 52.04.001

text:
Actions taken under chapter 52.04 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 42.]

catchline: Actions subject to review by boundary review board.


title: RCW 52.04.011

text:
(1) A territory located within reasonable proximity to a fire protection district and not within the boundaries of a city, town, or other fire protection district may be annexed to the fire protection district by petition of fifteen percent of the qualified registered electors residing within the territory proposed to be annexed. Such territory may be located in a county or counties other than the county or counties within which the fire protection district is located. The petition shall be filed with the fire commissioners of the fire protection district and if the fire commissioners concur in the petition they shall file the petition with the county auditor of the county within which the territory is located. If this territory is located in more than one county, the original petition shall be filed with the auditor of the county within which the largest portion of the territory is located, who shall be designated as the lead auditor, and a copy shall be filed with the auditor of each other county within which such territory is located. Within thirty days after the date of the filing of the petition the auditor shall examine the signatures on the petition and certify to the sufficiency or insufficiency of the signatures. If this territory is located in more than one county, the auditor of each other county who receives a copy of the petition shall examine the signatures and certify to the lead auditor the number of valid signatures and the number of registered voters residing in that portion of the territory that is located within the county. The lead auditor shall certify the sufficiency or insufficiency of the signatures.
After the county auditor has certified the sufficiency of the petition, the county legislative authority or authorities, or the boundary review board or boards, of the county or counties in which such territory is located shall consider the proposal under the same basis that a proposed incorporation of a fire protection district is considered, with the same authority to act on the proposal as in a proposed incorporation, as provided under chapter 52.02 RCW. If the proposed annexation is approved by the county legislative authority or boundary review board, the board of fire commissioners shall adopt a resolution requesting the county auditor to call a special election, as specified under RCW 29A.04.330, at which the ballot proposition is to be submitted. No annexation shall occur when the territory proposed to be annexed is located in more than one county unless the county legislative authority or boundary review board of each county approves the proposed annexation.
(2) The county legislative authority or authorities of the county or counties within which such territory is located have the authority and duty to determine on an equitable basis, the amount of any obligation which the territory to be annexed to the district shall assume to place the property owners of the existing district on a fair and equitable relationship with the property owners of the territory to be annexed as a result of the benefits of annexing to a district previously supported by the property owners of the existing district. If a boundary review board has had its jurisdiction invoked on the proposal and approves the proposal, the county legislative authority of the county within which such territory is located may exercise the authority granted in this subsection and require such an assumption of indebtedness. This obligation may be paid to the district in yearly benefit charge installments to be fixed by the county legislative authority. This benefit charge shall be collected with the annual tax levies against the property in the annexed territory until fully paid. The amount of the obligation and the plan of payment established by the county legislative authority shall be described in general terms in the notice of election for annexation and shall be described in the ballot proposition on the proposed annexation that is presented to the voters for their approval or rejection. Such benefit charge shall be limited to an amount not to exceed a total of fifty cents per thousand dollars of assessed valuation: PROVIDED, HOWEVER, That the special election on the proposed annexation shall be held only within the boundaries of the territory proposed to be annexed to the fire protection district.
(3) On the entry of the order of the county legislative authority incorporating the territory into the existing fire protection district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing district. If the petition is signed by sixty percent of the qualified registered electors residing within the territory proposed to be annexed, and if the board of fire commissioners concur, an election in the territory and a hearing on the petition shall be dispensed with and the county legislative authority shall enter its order incorporating the territory into the existing fire protection district.
[ 2018 c 28 s 1; 2015 c 53 s 73; 1999 c 105 s 1; 1989 c 63 s 8; 1984 c 230 s 22; 1973 1st ex.s. c 195 s 49; 1965 ex.s. c 18 s 1; 1959 c 237 s 3; 1947 c 254 s 5; 1945 c 162 s 2; 1941 c 70 s 3; Rem. Supp. 1947 s 5654-116a. Formerly RCW 52.08.060.]
Notes:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Annexation of territory by election method—Procedure—Indebtedness—Election dispensed with, when.


title: RCW 52.04.021

text:
The method of annexation provided for in RCW 52.04.031, 52.04.041, and 52.04.051 shall be an alternate method to that specified in RCW 52.04.011.
[ 1984 c 230 s 23; 1965 c 59 s 1. Formerly RCW 52.08.065.]

catchline: Annexation by petition method—Alternative to election method.


title: RCW 52.04.031

text:
A petition for annexation of an area located within reasonable proximity to a fire district shall be in writing, addressed to and filed with the board of fire commissioners of the district to which annexation is desired. Such territory may be located in a county or counties other than the county or counties within which the fire protection district is located. It must be signed by the owners, according to the records of the county auditor or auditors, of not less than sixty percent of the area of land included in the annexation petition, shall set forth a legal description of the property and shall be accompanied by a plat which outlines the boundaries of the property to be annexed. The petition shall state the financial obligation, if any, to be assumed by the area to be annexed.
For the purposes of this section, "reasonable proximity" has the same meaning as in RCW 52.26.020.
[ 2018 c 28 s 4; 1999 c 105 s 2; 1989 c 63 s 9; 1984 c 230 s 24; 1965 c 59 s 2. Formerly RCW 52.08.066.]

catchline: Annexation by petition method—Petition—Signers—Content.


title: RCW 52.04.041

text:
If the petition for annexation filed with the board of commissioners complies with the requirements of law, the board may accept the petition, fix a date for public hearing, and publish notice of the hearing in a newspaper of general circulation in the area proposed to be annexed and also post the notice in three public places within the area proposed for annexation. The notice shall specify the time and place of the hearing and invite interested persons to attend. The expense of publication of the notice shall be paid by the district.
[ 1984 c 230 s 25; 1965 c 59 s 3. Formerly RCW 52.08.067.]

catchline: Annexation by petition method—Hearing—Notice.


title: RCW 52.04.051

text:
After the hearing, the board of fire commissioners shall determine by resolution whether the area shall be annexed. It may annex all or any portion of the proposed area but may not include in the annexation property not described in the petition. The proposed annexation shall be subject to action by the county legislative authority, as provided under RCW 52.04.011, to the same extent as if the annexation were done under the election method of annexation. If the area proposed to be annexed under this procedure is reduced, the annexation shall occur only if the owners of not less than sixty percent of the remaining area have signed the petition. After adoption of the resolution a copy shall be filed with the county legislative authority or authorities within which the territory is located.
[ 1989 c 63 s 10; 1984 c 230 s 26; 1965 c 59 s 4. Formerly RCW 52.08.068.]

catchline: Annexation by petition method—Resolution providing for annexation.


title: RCW 52.04.056

text:
(1) As provided in this section, a fire protection district may withdraw areas from its boundaries, or reannex areas into the fire protection district that previously had been withdrawn from the fire protection district under this section.
(2) The withdrawal of an area shall be authorized upon: (a) Adoption of a resolution by the board of fire commissioners requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the fire protection district will result in a reduction of the district's tax levy rate under the provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or authorities of the county or counties within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.
The authority of an area to be withdrawn from a fire protection district as provided under this section is in addition, and not subject, to the provisions of RCW 52.04.101.
The withdrawal of an area from the boundaries of a fire protection district shall not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the fire protection district existing at the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries of a fire protection district under this section may be reannexed into the fire protection district upon: (a) Adoption of a resolution by the board of fire commissioners proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or town, or adoption of a resolution by the county legislative authority or authorities of the county or counties within which the area is located approving the reannexation, if the area is located outside of a city or town. The reannexation shall be effective at the end of the day on the thirty-first day of December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution. Referendum action on the proposed reannexation may be taken by the voters of the area proposed to be reannexed if a petition calling for a referendum is filed with the city or town council, or county legislative authority or authorities, within a thirty-day period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to ten percent of the total number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to authorize the reannexation shall be submitted to the voters of the area at the next special election date according to RCW 29A.04.330. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation.
[ 2006 c 344 s 33; 1989 c 63 s 11; 1987 c 138 s 3.]
Notes:
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.

catchline: Withdrawal or reannexation of areas.


title: RCW 52.04.061

text:
(1) A city or town located within reasonable proximity to a fire protection district may be annexed to such district if at the time of the initiation of annexation the population of the city or town is 300,000 or less. The legislative authority of the city or town may initiate annexation by the adoption of an ordinance stating an intent to join the fire protection district and finding that the public interest will be served thereby. If the board of fire commissioners of the fire protection district shall concur in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town and the district are situated.
(2) For the purposes of this section, "reasonable proximity" means geographical areas near enough to each other so that governance, management, and services can be delivered effectively.
[ 2017 c 326 s 1; 2010 c 136 s 2; 2009 c 115 s 1; 1999 c 105 s 3; 1985 c 313 s 1; 1979 ex.s. c 179 s 1. Formerly RCW 52.04.170.]

catchline: Annexation of proximate city or town—Procedure—Definition.


title: RCW 52.04.071

text:
The county legislative authority or authorities shall by resolution call a special election to be held in the city or town and in the fire protection district at the next date according to RCW 29A.04.321, and shall cause notice of the election to be given as provided for in RCW 29A.52.355.
The election on the annexation of the city or town into the fire protection district shall be conducted by the auditor of the county or counties in which the city or town and the fire protection district are located in accordance with the general election laws of the state. The results thereof shall be canvassed by the canvassing board of the county or counties. No person is entitled to vote at the election unless he or she is a qualified elector in the city or town or unless he or she is a qualified elector within the boundaries of the fire protection district. The ballot proposition shall be in substantially the following form:
"Shall the city or town of . . . . . . be annexed to and be a part of . . . . . . fire protection district?
YES . . . . . . . . . .
NO . . . . . . . . . . "
If a majority of the persons voting on the proposition in the city or town and a majority of the persons voting on the proposition in the fire protection district vote in favor thereof, the city or town shall be annexed and shall be a part of the fire protection district.
[ 2017 c 326 s 2; 2011 c 10 s 82; 2009 c 115 s 2; 2006 c 344 s 34; 1984 c 230 s 16; 1979 ex.s. c 179 s 2. Formerly RCW 52.04.180.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Elections: Title 29A RCW.

catchline: Annexation of proximate city or town—Election.


title: RCW 52.04.081

text:
The annual tax levies authorized by chapter 52.16 RCW shall be imposed throughout the fire protection district, including any city or town annexed thereto. Any city or town annexed to a fire protection district is entitled to levy up to three dollars and sixty cents per thousand dollars of assessed valuation less any regular levy made by the fire protection district or by a library district under RCW 27.12.390 in the incorporated area: PROVIDED, That the limitations upon regular property taxes imposed by chapter 84.55 RCW apply.
[ 2017 c 326 s 3; 2009 c 115 s 3; 1984 c 230 s 17; 1979 ex.s. c 179 s 4. Formerly RCW 52.04.190.]

catchline: Annexation of proximate city or town—Annual tax levies—Limitations.


title: RCW 52.04.091

text:
When any city, code city, or town is annexed to a fire protection district under RCW 52.04.061 and 52.04.071, thereafter, any territory annexed by the city shall also be annexed and be a part of the fire protection district.
[ 2017 c 326 s 4; 2009 c 115 s 4; 1989 c 76 s 1.]

catchline: Additional territory annexed by city to be part of district.


title: RCW 52.04.101

text:
The legislative body of such a city or town which has annexed to such a fire protection district may, by resolution, present to the voters of such city or town a proposition to withdraw from said fire protection district at any general election held at least three years following the annexation to the fire protection district. If the voters approve such a proposition to withdraw from said fire protection district, the city or town shall have a vested right in the capital assets of the district proportionate to the taxes levied within the corporate boundaries of the city or town and utilized by the fire protection district to acquire such assets.
[ 2017 c 326 s 5; 2009 c 115 s 5; 1979 ex.s. c 179 s 3. Formerly RCW 52.04.200.]

catchline: Withdrawal by annexed city or town—Election.


title: RCW 52.04.111

text:
(1) When any city, code city, or town is annexed to a fire protection district under RCW 52.04.061 and 52.04.071, any employee of the fire department of such city, code city, or town who: (a) Was at the time of annexation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the fire protection district; (b) will, as a direct consequence of annexation, be separated from the employ of the city, code city, or town; and (c) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer his or her employment to the fire protection district as provided in this section and RCW 52.04.121 and 52.04.131.
(2) For purposes of this section and RCW 52.04.121 and 52.04.131, employee means an individual whose employment with a city, code city, or town has been terminated because the city, code city, or town was annexed by a fire protection district for purposes of fire protection.
[ 2017 c 326 s 6; 2010 c 8 s 15001; 2009 c 115 s 6; 1986 c 254 s 10.]

catchline: Annexation of city, code city, or town—Transfer of employees.


title: RCW 52.04.121

text:
(1) An eligible employee may transfer into the fire protection district civil service system, if any, or if none, then may request transfer of employment under this section by filing a written request with the board of fire commissioners of the fire protection district and by giving written notice to the legislative authority of the city, code city, or town. Upon receipt of such request by the board of fire commissioners the transfer of employment shall be made. The employee so transferring will: (a) Be on probation for the same period as are new employees of the fire protection district in the position filled, but if the transferring employee has already completed a probationary period as a firefighter prior to the transfer, then the employee may only be terminated during the probationary period for failure to adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would otherwise be subject to disciplinary action; (b) be eligible for promotion no later than after completion of the probationary period; (c) receive a salary at least equal to that of other new employees of the fire protection district in the position filled; and (d) in all other matters, such as retirement, vacation, and sick leave, have all the rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district from the beginning of employment with the city, code city, or town fire department: PROVIDED, That for purposes of layoffs by the annexing fire agency, only the time of service accrued with the annexing agency shall apply unless an agreement is reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies. The city, code city, or town shall, upon receipt of such notice, transmit to the board of fire commissioners a record of the employee's service with the city, code city, or town which shall be credited to such employee as a part of the period of employment in the fire protection district. All accrued benefits are transferable provided that the recipient agency provides comparable benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be placed upon the payroll of the fire protection district as the district determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 52.04.111 and 52.04.131 shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the fire protection district when appropriate positions become available: PROVIDED, That employees who are not immediately hired by the fire protection district shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire agencies and the annexing and annexed fire agencies.
[ 2017 c 326 s 7; 2009 c 115 s 7; 1994 c 73 s 4; 1986 c 254 s 11.]
Notes:
Effective date—1994 c 73: See note following RCW 35.10.365.

catchline: Annexation of city, code city, or town—Transfer of employees—Rights and benefits.


title: RCW 52.04.131

text:
When a city, code city, or town is annexed to a fire protection district and as a result any employee is laid off who is eligible to transfer to the fire protection district pursuant to this section and RCW 52.04.111 and 52.04.121, the city, code city, or town shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the fire protection district.
[ 2017 c 326 s 8; 2009 c 115 s 8; 1986 c 254 s 12.]

catchline: Annexation of city, code city, or town—Transfer of employees—Notice—Time limitation.


title: RCW 52.04.141

text:
Any attempted annexation in 1987 and thereafter by a fire protection district of contiguous territory, that is located in a county other than the county in which the fire protection district was located, is validated where the annexation would have occurred if the territory had been located in the same county as the fire protection district. The effective date of such annexations occurring in 1987 shall be February 1, 1988, for purposes of establishing the boundaries of taxing districts for purposes of imposing property taxes as provided in RCW 84.09.030.
Any reference to a county official of the county in which a fire protection district is located or proposed to be located shall be deemed to refer to the appropriate county official of each county in which the fire protection district is located or proposed to be located.
[ 1988 c 274 s 12.]
Notes:
Purpose—Severability—1988 c 274: See notes following RCW 84.52.010.

catchline: Annexation of contiguous territory not in same county.


title: RCW 52.04.151

text:
Any fire protection district located in a single county that annexes territory in another county shall be identified by the name of each county in which the fire protection district is located, listed alphabetically, followed by a number that is the next highest number available for a fire protection district in the one of these counties that has the greatest number of fire protection districts.
[ 1989 c 63 s 12.]

catchline: Annexation of territory not in same county—District name.


title: RCW 52.04.161

text:
If the area of a newly incorporated city or town is located in one or more fire protection districts, the city or town is deemed to have been annexed by the fire protection district or districts effective immediately on the city's or town's official date of incorporation, unless the city or town council adopts a resolution during the interim transition period precluding the annexation of the newly incorporated city or town by the fire protection district or districts. The newly incorporated city or town shall remain annexed to the fire protection district or districts for the remainder of the year of the city's or town's official date of incorporation, or through the following year if such extension is approved by resolution adopted by the city or town council and by the board or boards of fire commissioners, and shall be withdrawn from the fire protection district or districts at the end of this period, unless a ballot proposition is adopted by the voters providing for annexation of the city or town to one fire protection district or providing for the fire protection district or districts to annex only that area of the city or town located within the district. Such election shall be held pursuant to RCW 52.04.071 where possible, provided that in annexations to more than one fire protection district, the qualified elector shall reside within the boundaries of the appropriate fire protection district or in that area of the city located within the district.
If the city or town is withdrawn from the fire protection district or districts, the maximum rate of the first property tax levy that is imposed by the city or town after the withdrawal is calculated as if the city or town never had been annexed by the fire protection district or districts.
[ 2003 c 253 s 1; 1993 c 262 s 1.]

catchline: Newly incorporated city or town deemed annexed by district—Withdrawal.


title: RCW 52.04.171

text:
All property located within the boundaries of a city, or town annexing into a fire protection district, which property is subject to an excess levy by the city or town for the repayment of voter-approved indebtedness for fire protection related capital improvements incurred prior to the effective date of the annexation, is exempt from voter-approved excess property taxes levied by the annexing fire protection district for the repayment of indebtedness issued prior to the effective date of the annexation.
[ 2017 c 326 s 9; 2010 c 63 s 1.]
Notes:
Effective date—2010 c 63: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 15, 2010]." [ 2010 c 63 s 2.]

catchline: Annexation of property subject to excess levy—Repayment of voter-approved indebtedness.


title: RCW 52.04.181

text:
(1) On September 13, 2017, the joint legislative audit and review committee distributed the 17-06 final report: Fees assessed for forest fire protection. The report identified more than twenty thousand parcels of land that do not pay the forest fire protection assessment or a local fire district levy but are likely still protected by the department of natural resources or a local fire district.
The legislature finds that fire protection services at the state and local level are vital to the preservation of public and personal property throughout the state. The legislature further finds that fire protection resources are very limited in carrying out the substantial duties that fire protection services are asked to perform. Therefore, properties that benefit from fire protection should be required to contribute to the operation and maintenance of such essential services.
(2)(a) A local fire district may propose to annex any parcel or parcels having all boundaries of the property wholly within the external boundary of the requesting local fire district if such parcel or parcels are not presently being assessed a local fire district levy.
(b) Prior to annexing a parcel or parcels under this section the local fire district must:
(i) Verify with the county assessor that the parcel or parcels have all boundaries of the property wholly within the external boundary of the requesting local fire district and are not presently assessed a local fire district levy;
(ii) Notify the owner of record of each parcel in writing no less than sixty days prior to conducting a public hearing that the local fire district is seeking to annex the parcel; and
(iii) Hold at least one public hearing on the proposed annexation.
(3) Following the hearing, the local fire district must determine by resolution whether any parcel will be annexed. After adoption of the resolution, the local fire district must send a copy to the county legislative authority, the county assessor, and the owner of record of any parcel proposed to be annexed. The resolution must include a list of all parcels proposed to be annexed.
(4) Within thirty days of notification of the resolution, the owner of record of a parcel proposed to be annexed may appeal the proposed annexation to the county legislative authority. Issues raised under appeal may include compliance with the process established under this section, whether the parcel is presently being assessed a local fire district levy, whether the levied amount is consistent with local fire district levy amounts, whether the local fire district actually has the resources to provide the parcel or parcels with timely service. The county legislative authority may address multiple appeals at the same hearing. The decision of the county legislative authority or its designee is not appealable.
(5) If the proposed annexation is upheld or no appeal is made within thirty days of notification of the resolution, the county legislative authority must approve the proposed annexation of any parcel or parcels of land submitted under subsection (3) of this section into the local fire district. The order must include a description of the property to be annexed and the effective date of the annexation. The order is not subject to referendum.
(6) A notice of intention must be filed with the boundary review board created under RCW 36.93.030. However, the jurisdiction of the board may not be invoked as described in RCW 36.93.100 for annexations under this section.
(7) Any local fire district levy to be imposed on a parcel annexed in accordance with this section may not be assessed until the next tax assessment cycle following the annexation.
(8) Annexations of a parcel or parcels of land under this section must be initiated by January 1, 2021.
(9) For the purposes of this section, "local fire district" means a fire district, regional fire protection service authority, city, or town.
(10) The annexation process established under this section is not exclusive and does not limit annexation through other statutory authorities.
[ 2019 c 178 s 1.]

catchline: Final report—Fees assessed for fire protection—Findings—Annexation of parcels by local fire districts—Authority—Procedure.


title: RCW 52.06.001

text:
Actions taken under chapter 52.06 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 43.]

catchline: Actions subject to review by boundary review board.


title: RCW 52.06.010

text:
(1) A fire protection district may merge with another fire protection district located within a reasonable proximity, on such terms and conditions as they agree upon, in the manner provided in this title. The fire protection districts may be located in different counties. The district desiring to merge with another district, or the district from which it is proposed that a portion of the district be merged with another district, shall be called the "merging district." The district into which the merger is to be made shall be called the "merger district." The merger of any districts under chapter 52.06 RCW is subject to potential review by the boundary review board or boards of the county in which the merging district, or the portion of the merging district that is proposed to be merged with another district, is located.
(2) For the purposes of this section, "reasonable proximity" means geographical areas near enough to each other so that governance, management, and services can be delivered effectively.
[ 2017 c 326 s 10; 1989 c 63 s 13; 1984 c 230 s 57; 1947 c 254 s 12; Rem. Supp. 1947 s 5654-151a. Formerly RCW 52.24.010.]

catchline: Merger of districts authorized—Review—Definition.


title: RCW 52.06.020

text:
To effect such a merger, a petition to merge shall be filed with the board of the merger district by the commissioners of the merging district. The commissioners of the merging district may sign and file the petition on their own initiative, and they shall file a petition when it is signed by ten percent of the registered voters resident in the merging district who voted in the last general municipal election and presented to the board of commissioners. The petition shall state the reasons for the merger, state the terms and conditions under which the merger is proposed, and request the merger.
[ 1990 c 259 s 13; 1984 c 230 s 58; 1947 c 254 s 13; Rem. Supp. 1947 s 5654-151b. Formerly RCW 52.24.020.]

catchline: Petition—Contents.


title: RCW 52.06.030

text:
The board of the merger district may, by resolution, reject or approve the petition as presented, or it may modify the terms and conditions of the proposed merger, and shall transmit the petition, together with a copy of its resolution to the merging district.
If the petition is approved as presented or as modified, the board of the merging district shall send an elector-signed petition, if there is one, to the auditor or auditors of the county or counties in which the merging district is located, who shall within thirty days examine the signatures and certify to the sufficiency or insufficiency of the signatures. If the merging district is located in more than one county, the auditor of the county within which the largest portion of the merging district is located shall be the lead auditor. Each other auditor shall certify to the lead auditor the number of valid signatures and the number of registered voters of the merging district who reside in the county. The lead auditor shall certify as to the sufficiency or insufficiency of the signatures. No signatures may be withdrawn from the petition after the filing. A certificate of sufficiency shall be provided to the board of the merging district, which shall adopt a resolution requesting the county auditor or auditors to call a special election, as provided in RCW 29A.04.330, for the purpose of presenting the question of merging the districts to the voters of the merging district.
If there is no elector-signed petition, the merging district board shall adopt a resolution requesting the county auditor or auditors to call a special election in the merging district, as specified under RCW 29A.04.330, for the purpose of presenting the question of the merger to the electors.
[ 2015 c 53 s 74; 1989 c 63 s 14; 1984 c 230 s 59; 1947 c 254 s 14; Rem. Supp. 1947 s 5654-151c. Formerly RCW 52.24.030.]

catchline: Action on petition—Special election.


title: RCW 52.06.050

text:
The board of the merging district shall notify the board of the merger district of the results of the election. If a majority of the votes cast at the election favor the merger, the respective district boards shall adopt concurrent resolutions, declaring the districts merged, under the name of the merger district. Thereupon the districts are merged into one district, under the name of the merger district; the merging district is dissolved without further proceedings; and the boundaries of the merger district are thereby extended to include all the area of the merging district. Thereafter the legal existence cannot be questioned by any person by reason of any defect in the proceedings had for the merger.
[ 1995 c 79 s 1; 1947 c 254 s 16; Rem. Supp. 1947 s 5654-151e. Formerly RCW 52.24.050.]

catchline: Vote required—Status after favorable vote.


title: RCW 52.06.060

text:
If three-fifths of all the qualified electors in the merging district sign the petition to merge, no election on the question of the merger is necessary and the auditor, or lead auditor if the merging district is located in more than a single county, shall return the petition, together with a certificate of sufficiency to the board of the merging district. The boards of the respective districts shall then adopt resolutions declaring the districts merged in the same manner and to the same effect as if the merger had been authorized by an election.
[ 1989 c 63 s 15; 1984 c 230 s 61; 1947 c 254 s 17; Rem. Supp. 1947 s 5654-151f. Formerly RCW 52.24.060.]

catchline: Merger by petition.


title: RCW 52.06.070

text:
None of the obligations of the merged districts or of a local improvement district located in the merged districts may be affected by the merger and dissolution, and all land liable to be assessed to pay any of the indebtedness shall remain liable to the same extent as if the districts had not been merged and any assessments previously levied against the land shall remain unimpaired and shall be collected in the same manner as if the districts had not merged. The commissioners of the merged district shall have all the powers of the two districts to levy, assess, and cause to be collected all assessments against any land in both districts that may be necessary to pay for the indebtedness thereof, and until the assessments are collected and all indebtedness of the districts paid, separate funds shall be maintained for each district as were maintained before the merger: PROVIDED, That the board of the merged district may, with the consent of the creditors of the districts merged, cancel any or all assessments previously levied, in accordance with the terms and conditions of the merger, so that the lands in the respective districts bear their fair and proportionate share of the indebtedness.
[ 1984 c 230 s 62; 1947 c 254 s 18; Rem. Supp. 1947 s 5654-151g. Formerly RCW 52.24.070.]

catchline: Obligations of merged districts.


title: RCW 52.06.080

text:
The commissioners of the merging district shall, upon completion of the merger, transfer, convey, and deliver to the merged district all property and funds of the merging district, together with all interest in and right to collect any assessments previously levied.
[ 1984 c 230 s 63; 1947 c 254 s 19; Rem. Supp. 1947 s 5654-151h. Formerly RCW 52.24.080.]

catchline: Delivery of property and funds.


title: RCW 52.06.085

text:
(1) Whenever two or more fire protection districts merge, the board of fire commissioners of the merged fire protection district shall consist of all of the fire commissioners of the districts that are merging, including a person who is elected as a fire commissioner of one of the merging districts at that same election that the ballot proposition was approved authorizing the merger, who shall retain the same terms of office they would possess as if the merger had not been approved. The number of members on the board of the merged district shall be reduced to either three or five members as provided in subsections (2) and (3) of this section, depending on whether the district has chosen to eventually have either a three-member or a five-member board under RCW 52.14.020.
(2) The number of members on the board of the merged district shall be reduced by one whenever a fire commissioner resigns from office or a vacancy otherwise occurs on the board, until the number of remaining members is reduced to the number of members that is chosen for the board eventually to have. The reduction of membership on the board shall not be considered to be a vacancy that is to be filled until the number of remaining members is less than the number of members on the board that is chosen for the board eventually to have.
(3) At the next three district general elections after the merger is approved, the number of fire commissioners for the merged district that are elected shall be as follows, notwithstanding the number of fire commissioners whose terms expire:
(a) In the first election after the merger, only one position shall be filled, whether the new fire protection district be a three-member district or a five-member district.
(b) In each of the two subsequent elections, one position shall be filled if the new fire protection district is a three-member district and two positions shall be filled if the new fire protection district is a five-member district.
Thereafter, the fire commissioners shall be elected in the same manner as prescribed for such fire protection districts of the state.
(4) A ballot proposition to create commissioner districts may be submitted to the voters of the fire protection districts proposed to be merged at the same election the ballot proposition is submitted authorizing the merging of the fire protection districts. The procedure to create commissioner districts shall conform with RCW 52.14.013, except that: (a) Resolutions proposing the creation of commissioner districts must be adopted by unanimous vote of the boards of fire commissioners of each of the fire protection districts that are proposed to be merged; and (b) commissioner districts will be authorized only if the ballot propositions to authorize the merger and to create commissioner districts are both approved. A ballot proposition authorizing the creation of commissioner districts is approved if it is approved by a simple majority vote of the combined voters of all the fire protection districts proposed to be merged. The commissioner districts shall not be drawn until the number of commissioners in the fire protection district has been reduced under subsections (1) through (3) of this section to either three or five commissioners. After this reduction of fire commissioners has occurred the commissioner districts shall be drawn and used for the election of the successor fire commissioners.
[ 1994 c 14 s 1; 1992 c 74 s 1; 1985 c 7 s 118; 1977 ex.s. c 121 s 1; 1971 c 55 s 1. Formerly RCW 52.24.085.]

catchline: Board membership upon merger of districts—Subsequent boards—Creation of commissioner districts.


title: RCW 52.06.090

text:
A part of one district may be transferred and merged with a district located within reasonable proximity if the area can be better served by the merged district. To effect such a merger, a petition, signed by a majority of the commissioners of the merging district or signed by not less than fifteen percent of the qualified electors residing in the area to be merged, shall be filed with the commissioners of the merging district, if signed by electors, or with the commissioners of the merger district if signed by commissioners of the merging district. If the commissioners of the merging district approve the petition, the petition shall be presented to the commissioners of the merger district. If the commissioners of the merger district approve the petition, an election shall be called in the area to be merged.
In the event that either board of fire district commissioners does not approve the petition, the partial merger must not proceed.
A majority of the votes cast is necessary to approve the transfer.
[ 2018 c 28 s 2; 2014 c 25 s 1; 1989 c 63 s 16; 1984 c 230 s 64; 1965 ex.s. c 18 s 2; 1963 c 42 s 1; 1953 c 176 s 5. Formerly RCW 52.24.090.]

catchline: Merger of part of district with a district within reasonable proximity.


title: RCW 52.06.100

text:
If the partial merger petition has been approved by the commissioners of the merging district and the merger district and if three-fifths of the qualified electors in the area to be merged sign a petition to merge the districts, no election on the question of the merger is necessary, in which case the auditor or lead auditor shall return the petition, together with a certificate of sufficiency, to the board of the merger district. The board of the merger district shall then adopt a resolution declaring the portion of the district merged in the same manner and to the same effect as if the same had been authorized by an election.
[ 2014 c 25 s 2; 1989 c 63 s 17; 1984 c 230 s 65; 1953 c 176 s 6. Formerly RCW 52.24.100.]

catchline: Merger of part of district with adjacent district—When election unnecessary.


title: RCW 52.06.110

text:
When any portion of a fire protection district merges with another fire protection district, any employee of the merging district who (1) was at the time of merger employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the merger district (2) will, as a direct consequence of the merger, be separated from the employ of the merging district, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the merger district as provided in this section and RCW 52.06.120 and 52.06.130.
For purposes of this section and RCW 52.06.120 and 52.06.130, employee means an individual whose employment with a fire protection district has been terminated because the fire protection district merged with another fire protection district for purposes of fire protection.
[ 1986 c 254 s 13.]

catchline: Transfer of employees.


title: RCW 52.06.120

text:
(1) An eligible employee may transfer into the merger district by filing a written request with the board of fire commissioners of the merger district and by giving written notice to the board of fire commissioners of the merging district. Upon receipt of such request by the board of the merger district the transfer of employment shall be made. The employee so transferring will (a) be on probation for the same period as are new employees of the merger district in the position filled, but if the transferring employee has already completed a probationary period as a firefighter prior to the transfer, then the employee may only be terminated during the probationary period for failure to adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would otherwise be subject to disciplinary action, (b) be eligible for promotion no later than after completion of the probationary period, (c) receive a salary at least equal to that of other new employees of the merger district in the position filled, and (d) in all other matters, such as retirement, vacation, and sick leave, have, all the rights, benefits, and privileges to which he or she would have been entitled to as an employee of the merger district from the beginning of employment with the merging district: PROVIDED, That for purposes of layoffs by the merger fire agency, only the time of service accrued with the merger agency shall apply unless an agreement is reached between the collective bargaining representatives of the employees of the merging and merger fire agencies and the merging and merger fire agencies. The board of the merging district shall, upon receipt of such notice, transmit to the board of the merger district a record of the employee's service with the merging district which shall be credited to such employee as a part of the period of employment in the merger district. All accrued benefits are transferable provided that the recipient agency provides comparable benefits. All benefits shall then accrue based on the combined seniority of each employee in the recipient agency.
(2) As many of the transferring employees shall be placed upon the payroll of the merger district as the merger district determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and RCW 52.06.110 and 52.06.130 shall head the list for employment in order of their seniority, to the end that they shall be the first to be reemployed in the merger district when appropriate positions become available: PROVIDED, That employees who are not immediately hired by the fire protection district shall be placed on a reemployment list for a period not to exceed thirty-six months unless a longer period is authorized by an agreement reached between the collective bargaining representatives of the employees of the merging and merged fire agencies and the merging and merged fire agencies.
[ 1994 c 73 s 5; 1986 c 254 s 14.]
Notes:
Effective date—1994 c 73: See note following RCW 35.10.365.

catchline: Transfer of employees—Rights and benefits.


title: RCW 52.06.130

text:
If, as a result of merging of districts any employee is laid off who is eligible to transfer to the merger district under this section and RCW 52.06.110 and 52.06.120, the merging district shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the merger district.
[ 1986 c 254 s 15.]

catchline: Transfer of employees—Notice—Time limitation.


title: RCW 52.06.140

text:
A merger fire protection district located in a single county, that merged with a merging fire protection district located in another county or counties, shall be identified by the name of each county in which the fire protection district is located, listed alphabetically, followed by a number that is the next highest number available for a fire protection district in the one of these counties that has the greatest number of fire protection districts.
This section does not apply to partial mergers under RCW 52.06.090.
[ 2014 c 25 s 3; 1989 c 63 s 18.]

catchline: Merger of districts located in different counties—District name.


title: RCW 52.06.150

text:
A fire protection district resulting from the merger of two or more fire protection districts located in the same county shall be identified by the name of the county and the number of the merger fire protection district. However, the fire protection district resulting from such a merger shall be identified by the number of the merging district or one of the merging districts if a resolution providing for this number change is adopted by the board of fire commissioners of the district resulting from the merger or if resolutions providing for this number change are adopted by each of the boards of fire commissioners of the districts proposed to be merged.
[ 1992 c 74 s 3.]

catchline: Merger of districts located in same county—District name.


title: RCW 52.08.001

text:
Actions taken under chapter 52.08 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 44.]


title: RCW 52.08.011

text:
Territory within a fire protection district may be withdrawn from the district in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW.
[ 1999 c 153 s 61; 1984 c 230 s 54; 1955 c 111 s 1. Formerly RCW 52.22.010.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
Withdrawal or reannexation of areas: RCW 52.04.056.

catchline: Withdrawal authorized.


title: RCW 52.08.021

text:
The incorporation of any previously unincorporated land lying within a fire protection district shall operate to automatically withdraw such lands from the fire protection district.
[ 1959 c 237 s 5; 1955 c 111 s 2. Formerly RCW 52.22.020.]

catchline: Withdrawal by incorporation of part of district.


title: RCW 52.08.025

text:
Effective January 1, 1960, every city or town, or portion thereof, which is situated within the boundaries of a fire protection district shall become automatically removed from such fire protection district, and no fire protection district shall thereafter include any city or town, or portion thereof, within its boundaries except as provided for in RCW 52.02.020, 52.04.061, 52.04.071, 52.04.081, 52.04.101, and 52.04.161.
However, if the area which incorporates or is annexed includes all of a fire protection district, the fire protection district, for purposes of imposing regular property taxes, shall continue in existence: (1)(a) Until the first day of January in the year in which the initial property tax collections of the newly incorporated city or town will be made, if a resolution is adopted under RCW 52.04.161 precluding annexation of the city or town to the district; (b) until the city or town is withdrawn from the fire protection district, if no such resolution is adopted and no ballot proposition under RCW 52.04.161 is approved; or (c) indefinitely, if such a ballot proposition is approved; or (2) until the first day of January in the year the annexing city or town will collect its property taxes imposed on the newly annexed area. The members of the city or town council or commission shall act as the board of commissioners to impose, receive, and expend these property taxes.
[ 1993 c 262 s 2; 1986 c 234 s 35; 1985 c 7 s 119; 1979 ex.s. c 179 s 6; 1959 c 237 s 6. Formerly RCW 52.22.030.]

catchline: City may not be included within district—Exceptions—Withdrawal of city.


title: RCW 52.08.035

text:
A city or town encompassing territory withdrawn under chapter 52.08 RCW shall determine the most effective and feasible fire protection and emergency medical protection for the withdrawn territory, or any part thereof, and the legislative authority of the city or town and the commissioners of the fire protection district may, without limitation of any other powers provided by law:
(1) Enter into contracts to the same extent as fire protection districts and cities and towns may enter into contracts under authority of *RCW 52.12.031(3), and
(2) Sell, purchase, rent, lease, or exchange property of every nature.
[ 1984 c 230 s 55; 1959 c 237 s 8. Formerly RCW 52.22.040.]
Notes:
*Reviser's note: RCW 52.12.031 was amended by 2019 c 402 s 1, changing subsection (3) to subsection (4).

catchline: City withdrawn to determine fire and emergency medical protection methods—Contracts—Joint operations—Sale, lease, etc., of property.


title: RCW 52.08.041

text:
The provisions of RCW 57.28.110 shall apply to territory withdrawn from a fire protection district under the provision of chapter 52.08 RCW.
[ 1985 c 7 s 120; 1959 c 237 s 7. Formerly RCW 52.22.050.]

catchline: Taxes and assessments unaffected.


title: RCW 52.08.051

text:
Fire protection district commissioners residing in territory withdrawn from a fire protection district shall be replaced in the manner provided for the filling of vacancies in RCW 52.14.050.
[ 1984 c 230 s 56; 1959 c 237 s 9. Formerly RCW 52.22.060.]

catchline: Commissioners residing in territory withdrawn—Vacancy created.


title: RCW 52.10.001

text:
Actions taken under chapter 52.10 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 45.]

catchline: Actions subject to review by boundary review board.


title: RCW 52.10.010

text:
Fire protection districts may be dissolved by a majority vote of the registered electors of the district at an election conducted by the election officials of the county or counties in which the district is located in accordance with the general election laws of the state. The proceedings for dissolution may be initiated by the adoption of a resolution by the board of commissioners of the district calling for the dissolution. The dissolution of the district shall not cancel outstanding obligations of the district or of a local improvement district within the district, and the county legislative authority or authorities of the county or counties in which the district was located may make annual levies against the lands within the district until the obligations of the districts are paid. When the obligations are fully paid, all moneys in district funds and all collections of unpaid district taxes shall be transferred to the expense fund of the county. Where the fire protection district that was dissolved was located in more than one county, the amount of money transferred to the expense fund of each county shall be in direct proportion to the amount of assessed valuation of the fire protection district that was located in each county at the time of its dissolution.
[ 1989 c 63 s 19; 1984 c 230 s 15; 1939 c 34 s 46; RRS s 5654-146. Formerly RCW 52.04.155.]
Notes:
Dissolution of special purpose districts: Chapters 36.96 and 53.48 RCW.

catchline: Dissolution—Election method.


title: RCW 52.12.011

text:
Fire protection districts created under this title are political subdivisions of the state and shall be held to be municipal corporations within the laws and Constitution of the state of Washington. A fire protection district shall constitute a body corporate and possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by law.
[ 1984 c 230 s 18; 1967 c 164 s 5; 1939 c 34 s 15; RRS s 5654-115. Formerly RCW 52.08.010.]
Notes:
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Tortious conduct of political subdivisions, municipal corporations, and quasi municipal corporations, liability for damages: Chapter 4.96 RCW.

catchline: Status.


title: RCW 52.12.021

text:
Fire protection districts have full authority to carry out their purposes and to that end may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property, or any interest therein, to enter into and to perform any and all necessary contracts, to appoint and employ the necessary officers, agents, and employees, to sue and be sued, to exercise the right of eminent domain, to levy and enforce the collection of assessments and special taxes in the manner and subject to the limitations provided in this title against the lands within the district for district revenues, and to do any and all lawful acts required and expedient to carry out the purpose of this title.
[ 1984 c 230 s 19; 1939 c 34 s 16; RRS s 5654-116. Formerly RCW 52.08.020.]

catchline: General powers.


title: RCW 52.12.031

text:
Any fire protection district organized under this title may:
(1) Lease, acquire, own, maintain, operate, and provide fire and emergency medical apparatus and all other necessary or proper facilities, machinery, and equipment for the prevention and suppression of fires, the providing of emergency medical services and the protection of life and property;
(2) Enter into an interlocal agreement with any local jurisdiction to maintain and repair any vehicle or equipment owned and used exclusively by such county, city, town, school district, or other political subdivision of the state of Washington. As used in this subsection, "local jurisdiction" means any county, city, town, school district, or other political subdivision of the state of Washington;
(3) Lease, acquire, own, maintain, and operate real property, improvements, and fixtures for housing, repairing, and maintaining the apparatus, facilities, machinery, and equipment described in subsection (1) of this section;
(4) Contract with any governmental entity under chapter 39.34 RCW or private person or entity to consolidate, provide, or cooperate for fire prevention protection, fire suppression, investigation, and emergency medical purposes. In so contracting, the district or governmental entity is deemed for all purposes to be acting within its governmental capacity. This contracting authority includes the furnishing of fire prevention, fire suppression, investigation, emergency medical services, facilities, and equipment to or by the district, governmental entity, or private person or entity;
(5) Encourage uniformity and coordination of fire protection district operations. The fire commissioners of fire protection districts may form an association to secure information of value in suppressing and preventing fires and other district purposes, to hold and attend meetings, and to promote more economical and efficient operation of the associated fire protection districts. The commissioners of fire protection districts in the association shall adopt articles of association or articles of incorporation for a nonprofit corporation, select a chair, secretary, and other officers as they may determine, and may employ and discharge agents and employees as the officers deem convenient to carry out the purposes of the association. The expenses of the association may be paid from funds paid into the association by fire protection districts: PROVIDED, That the aggregate contributions made to the association by a district in a calendar year shall not exceed two and one-half cents per thousand dollars of assessed valuation;
(6) Enter into contracts to provide group life insurance for the benefit of the personnel of the fire districts;
(7) Perform building and property inspections that the district deems necessary to provide fire prevention services and pre-fire planning within the district and any area that the district serves by contract in accordance with RCW 19.27.110: PROVIDED, That codes used by the district for building and property inspections shall be limited to the applicable codes adopted by the state, county, city, or town that has jurisdiction over the area in which the property is located. A copy of inspection reports prepared by the district shall be furnished by the district to the appropriate state, county, city, or town that has jurisdiction over the area in which the property is located: PROVIDED, That nothing in this subsection shall be construed to grant code enforcement authority to a district. This subsection shall not be construed as imposing liability on any governmental jurisdiction;
(8) Determine the origin and cause of fires occurring within the district and any area the district serves by contract. In exercising the authority conferred by this subsection, the fire protection district and its authorized representatives shall comply with the provisions of RCW 43.44.050;
(9) Perform acts consistent with this title and not otherwise prohibited by law.
[ 2019 c 402 s 1; 2010 c 8 s 15002; 1995 c 369 s 65; 1986 c 311 s 1; 1984 c 238 s 1; 1973 1st ex.s. c 195 s 48; 1963 c 101 s 1; 1959 c 237 s 2; 1947 c 254 s 6; 1941 c 70 s 4; 1939 c 34 s 20; Rem. Supp. 1947 s 5654-120. Formerly RCW 52.08.030.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Hospitalization and medical insurance authorized: RCW 41.04.180.
Use of city fire apparatus beyond city limits: RCW 35.84.040.

catchline: Specific powers—Acquisition or lease of property or equipment—Contracts—Association of districts—Group life insurance—Building inspections—Fire investigations.


title: RCW 52.12.036

text:
In addition to other authority that a fire protection district possesses, a fire protection district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a fire protection district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 17.]

catchline: Community revitalization financing—Public improvements.


title: RCW 52.12.041

text:
The taking and damaging of property or property rights by a fire protection district to carry out the purposes of its organization are declared to be for a public use. A district organized under this title may exercise the power of eminent domain to acquire property or property rights either inside or outside the district, for the use of the district. A district exercising the power of eminent domain shall proceed in the name of the district in the manner provided by law for the appropriation of real property or of real property rights by private corporations.
[ 1984 c 230 s 20; 1939 c 34 s 18; RRS s 5654-118. Formerly RCW 52.08.040.]
Notes:
Eminent domain: State Constitution Art. 1 s 16 (Amendment 9); chapter 8.20 RCW.

catchline: Eminent domain.


title: RCW 52.12.051

text:
A fire protection district may unite in a single action, proceedings to condemn property which is held by separate owners. Two or more condemnation suits instituted separately may also, in the discretion of the court, upon a motion of an interested party, be consolidated into a single action. In these cases, the jury shall render separate verdicts for each tract of land in different ownership. A finding of the jury or decree of the court as to damages shall not in any manner be construed to abridge or destroy the right of the district to levy and collect taxes for district purposes against the uncondemned land situated within the district. The title acquired by a fire protection district in condemnation proceedings shall be the fee simple title or a lesser estate as designated in the decree of appropriation.
[ 1984 c 230 s 21; 1939 c 34 s 19; RRS s 5654-119. Formerly RCW 52.08.050.]

catchline: Condemnation proceedings.


title: RCW 52.12.061

text:
Fire protection districts may execute executory conditional sales contracts, installment promissory notes secured by a deed of trust, or mortgages with a governmental entity or a private party for the purchase or sale of any real or personal property, or property rights: PROVIDED, That the purchase price specified in a contract or promissory note to purchase property does not result in a total indebtedness in excess of three-eighths of one percent of the value of the taxable property in the fire protection district: PROVIDED FURTHER, That if a proposed purchase contract or promissory note would result in a total indebtedness in excess of that amount, a proposition to determine whether that contract or promissory note may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters: AND PROVIDED FURTHER, That a fire protection district may jointly execute contracts, promissory notes, deeds of trust, or mortgages authorized by this section with any governmental entity.
The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015.
[ 1984 c 230 s 27; 1970 ex.s. c 42 s 29; 1965 c 21 s 1. Formerly RCW 52.08.080.]
Notes:
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Contracts, promissory notes, deeds of trust, and mortgages for purchase of property—Limit on indebtedness—Election, when.


title: RCW 52.12.071

text:
The board of commissioners of each fire district may purchase liability insurance with limits it deems reasonable for the purpose of protecting its officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[ 1984 c 230 s 28; 1973 c 125 s 3. Formerly RCW 52.08.090.]

catchline: Liability insurance for officials and employees.


title: RCW 52.12.101

text:
In any district in which the commissioners have adopted and published a resolution assuming the authority of issuing burning permits, a person, firm, or corporation shall not start, permit, or cause to be started or permitted an open fire on any land within a fire protection district, without a written permit issued by the district under terms and conditions as the district establishes by resolution. A fire district shall not assume authority to issue a burning permit for a fire on any forest or cut over land, except as otherwise provided by law. A fire district shall have the authority to revoke a permit issued by the district for the protection of life or property or to prevent or abate the nuisances caused by such burning.
[ 1987 c 21 s 1; 1984 c 229 s 1; 1947 c 254 s 20; Rem. Supp. 1947 s 5654-151i. Formerly RCW 52.28.010.]

catchline: Burning permits authorized—Resolution.


title: RCW 52.12.102

text:
The commissioners of a district may adopt a resolution authorizing the district to issue fire permits and establishing the terms and conditions under which the permit shall be issued. Notice of the resolution shall be published once a week for three consecutive weeks in a newspaper published in the county and of general circulation in the district and post it in three public places in the district. The affidavit of publication by the publisher and of the clerk of the district of the posting shall be filed in the records of the district. Ten days after the posting and the last publication, the resolution shall take effect.
[ 1984 c 229 s 2; 1947 c 254 s 21; Rem. Supp. 1947 s 5654-151j. Formerly RCW 52.28.020.]

catchline: Burning permits—Resolution to be published and posted.


title: RCW 52.12.103

text:
Burning permits may be issued upon request, by the persons authorized by the commissioners when the issuing officer deems it appropriate. The permit shall designate the premises and the exact location where the fire may be started and permitted, the nature of the material to be burned, the time limit of the permit, and may contain any special requirements and conditions pertaining to the fire and the control of the fire as the issuing officer deems appropriate.
[ 1984 c 229 s 3; 1947 c 254 s 22; Rem. Supp. 1947 s 5654-151k. Formerly RCW 52.28.030.]

catchline: Burning permits—Issuance—Contents.


title: RCW 52.12.104

text:
The permittee shall comply with the terms and conditions of the permit, and shall maintain a responsible person in charge of the fire at all times who shall maintain the fire under control, not permit it to spread to other property or structures, and extinguish the fire when the authorized burning is completed or when directed by district personnel. The possession of a permit shall not relieve the permittee from liability for damages resulting from the fire for which the permittee may otherwise be liable.
[ 1984 c 229 s 4; 1947 c 254 s 23; Rem. Supp. 1947 s 5654-151l. Formerly RCW 52.28.040.]
Notes:
Crimes relating to fires: Chapter 9A.48 RCW.
Liability for fire damage: RCW 4.24.040, 4.24.050, 4.24.060, 76.04.495, 76.04.750.

catchline: Burning permits—Duties of permittee.


title: RCW 52.12.105

text:
The violation of or failure to comply with any provision of this chapter pertaining to fire permits, or of any term or condition of the permit, is a misdemeanor.
[ 1947 c 254 s 24; Rem. Supp. 1947 s 5654-151m. Formerly RCW 52.28.050.]

catchline: Burning permits—Penalty.


title: RCW 52.12.106

text:
The violation of or failure to comply with any provision of this chapter pertaining to fire permits, or of any term or condition of the permit, is a misdemeanor.
[ 1984 c 229 s 5.]


title: RCW 52.12.108

text:
If a person starts a fire without a permit or if a permit holder fails to comply with any provision of this chapter pertaining to fire permits, or of any term or condition of the permit, and as a result of that failure the district is required to suppress a fire, the person or permit holder is liable to the district to reimburse it for the costs of the fire suppression services.
[ 1984 c 229 s 6.]

catchline: Burning permits—Liability for fire suppression costs.


title: RCW 52.12.111

text:
A fire protection district may permit, under conditions prescribed by the fire commissioners of the district, the use of its equipment and personnel beyond the boundaries of the district. Any use made of the equipment or personnel under this section shall be deemed an exercise of a governmental function of the district.
[ 1984 c 230 s 77; 1980 c 43 s 1; 1969 c 88 s 2. Formerly RCW 52.36.025.]

catchline: Use of equipment and personnel beyond district boundaries—Governmental function.


title: RCW 52.12.121

text:
If a firefighter engages in any duty outside the boundaries of the district the duty shall be considered as part of the duty as firefighter for the district, and a firefighter who is injured while engaged in duties outside the boundaries of the district shall be entitled to the same benefits that the firefighter or the firefighter's dependents would be entitled to receive if the injury occurred within the district.
[ 1984 c 230 s 78; 1969 c 88 s 3. Formerly RCW 52.36.027.]

catchline: Use of equipment and personnel outside district—Duty of firefighter deemed duty for district—Benefits not impaired.


title: RCW 52.12.125

text:
Fire protection districts in proximity to land protected by a state agency are encouraged to enter into mutually beneficial contracts covering reciprocal response arrangements. In the absence of such a contractual agreement, a fire protection district that takes immediate action on such land outside of its jurisdictional boundaries, if such immediate response could prevent the spread of the fire onto lands protected by the district, shall be reimbursed by the state agency for its reasonable fire suppression costs that are incurred until the responsible agency takes charge, but in no event shall the costs exceed a twenty-four hour period. A fire protection district suppressing a fire on such lands shall as soon as practicable notify the responsible agency. The state agency shall not be responsible to pay such reimbursement if it is not so notified.
Reasonable efforts shall be taken to protect evidence of the fire's origin. The state agency shall not be responsible to pay such reimbursement if reasonable efforts are not taken to protect such evidence.
Requests for reimbursement shall be submitted within thirty days of the complete suppression of the fire. Reasonable costs submitted for reimbursement include all salaries and expenses of personnel, equipment, and supplies and shall take into consideration the amount of compensation, if any, paid by the fire protection district to its firefighters.
[ 1986 c 311 s 2.]

catchline: Reimbursement for fire suppression costs on state lands—Limitations.


title: RCW 52.12.131

text:
Any fire protection district which provides emergency medical services, may by resolution establish and collect reasonable charges for these services in order to reimburse the district for its costs of providing emergency medical services.
[ 1984 c 230 s 81; 1975 c 64 s 1. Formerly RCW 52.36.090.]

catchline: Emergency medical services—Establishment and collection of charges.


title: RCW 52.12.135

text:
(1) A rural fire protection district organized under this title may enter into a contract pursuant to chapter 39.34 RCW with a contiguous city for the furnishing by the city to the fire protection district or districts of emergency medical services in the form of ambulance services, provided that the contract may not provide for the establishment of any ambulance service that would compete with any existing, private ambulance service. The fire protection district or districts may impose a monthly utility service charge on each developed residential property located in the portion of the fire protection district or districts served pursuant to the contract in an amount equal to the amount imposed by the city on similar city developed residential property. Developed residential property includes single-family residences, apartments, manufactured homes, mobile homes, and trailers available for occupancy for a continuous period greater than thirty days. A fire protection district or districts may contract with the contiguous city or with any other governmental entity pursuant to chapter 39.34 RCW for the billing and collection services related to the monthly utility service charge for ambulance service. A city providing ambulance services to a fire protection district or districts under a contract entered into pursuant to this subsection may charge individuals actually using the ambulance services reasonable rates and charges for the ambulance services.
(2) For purposes of this section, "rural" means a population density within the fire protection district or districts as a whole of ten or fewer persons per square mile.
[ 2003 c 209 s 1.]

catchline: Interlocal agreements for ambulance services.


title: RCW 52.12.140

text:
Fire protection districts may cooperate and participate with counties, cities, or towns in providing hazardous materials response teams under the county, city, or town emergency management plan provided for in RCW 38.52.070. The participation and cooperation shall be pursuant to an agreement or contract entered into under chapter 39.34 RCW.
[ 1986 c 278 s 49.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.

catchline: Hazardous materials response teams.


title: RCW 52.12.150

text:
Without obtaining a permit issued under RCW 70A.15.5090, fire protection district firefighters may set fire to structures located outside of urban growth areas in counties that plan under the requirements of RCW 36.70A.040, and outside of any city with a population of ten thousand or more in all other counties, for instruction in methods of firefighting, if all of the following conditions are met:
(1) In consideration of prevailing air patterns, the fire is unlikely to cause air pollution in areas of sensitivity downwind of the proposed fire location;
(2) The fire is not located in an area that is declared to be in an air pollution episode or any stage of an impaired air quality as defined in RCW 70A.15.6010 and 70A.15.3580;
(3) Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;
(4) Notice of the fire is provided to the owners of property adjoining the property on which the fire will occur, to other persons who potentially will be impacted by the fire, and to additional persons in a broader manner as specifically requested by the local air pollution control agency or the department of ecology;
(5) Each structure that is proposed to be set on fire must be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure not to be set on fire; and
(6) Before setting a structure on fire, a good-faith inspection is conducted by the fire agency or fire protection district conducting the training fire to determine if materials containing asbestos are present, the inspection is documented in writing and forwarded to the appropriate local air authority or the department of ecology if there is no local air authority, and asbestos that is found is removed as required by state and federal laws.
[ 2021 c 65 s 58; 2000 c 199 s 1; 1994 c 28 s 1.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Setting fires for firefighter instruction—When burning permit not required—Notice, inspection required.