HomeMy WebLinkAbout2372ORDINANCE NO.
AN ORDINANCE relating to the Fire
Department; renumbering sections, of Chapter
2.26 of the Kent City Code, adding sections to
Chapter 2.26 of the Kent City Code designating
the Kent Fire Department as the Hazardous
Materials Incident Command Agency within its
respective boundaries, and authorizing the Fire
Department to accept mutual assistance between
the City and persons with equipment, personnel
and expertise in the handling of hazardous
materials incidents; establishing limitations on
liability for those persons responding to
hazardous material incidents.
WHEREAS, The City of Kent is required by Chapter 4.24 RCW
to designate a Hazardous Materials Incident Command Agency; and
WHEREAS, designated Hazardous Materials Incident Command
Agencies are authorized and encouraged, prior to a hazardous
materials incident, to enter individually or jointly into written
hazardous materials emergency assistance agreements with any
person whose knowledge or expertise is deemed potentially useful.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2.26 of the Kent City Code is amended
as follows:
"2.26.040. EXISTENCE RECOGNIZED. The City of Kent
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recognizes the existence of the Kent Fire Department and declares
that it shall be maintained in perpetuity as a department of the
City Government of the City of Kent.
"2.26.080. L.E.O.F.F. RETIREMENT SYSTEM. The City of
Kent hereby recognizes the Washington Law Enforcement Officer's
and Fire Fighters' Retirement System, established in Chapter 41.26
of the Revised Code of Washington, as it applies to the Kent Fire
and Police Departments."
Section 2. New sections 2.26.100, 2.26.110, 2.26.120 and
'2.26.130 are added to the Kent City Code, as follows:
"2.26.100. HAZARDOUS MATERIALS COMMAND AGENCY. The Kent
Fire Department is designated as the Hazardous Materials Incident
Command Agency for all hazardous materials incidents within the
corporate limits of the City of Kent.
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112.26.110. ASSISTANCE AGREEMENTS AUTHORIZED
LIABILITY. The Fire Chief is authorized to enter into agreements
with persons, agencies, and/or corporations who, may provide
assistance with respect to a hazardous materials incident. In
accordance with the provisions Chapter 4.24 RCW such persons,
agencies, and/or corporations are not liable for civil damages
resulting from any act or omission in the rendering of such care,
assistance, or advice, other than acts or omissions constituting
gross negligence or wilful or wanton misconduct, provided:
(1) The Kent Fire Department and the person whose
assistance is requested have entered into a written
hazardous materials assistance agreement prior to
the incident which incorporates the terms of KCC
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2.26.120, except as specified in KCC 2.26.130.
(2) The request for assistance comes from the Kent Fire
Department.
"2.26.120. ASSISTANCE AGREEMENTS - TERMS.
(1) Hazardous materials emergency assistance agreements which
are executed prior to a hazardous materials incident shall include
the following terms and conditions:
(a) The person requested to assist shall not be
obligated to assist;
(b) The person requested to assist may act only under
direction of the incident commander or his
representative;
(c) The person requested to assist may withdraw his
assistance if he deems the actions or directions of
the incident commander to be contrary to accepted
hazardous materials response practices;
(d) The person requested to assist shall not be a public
employee acting in his official capacity within the
boundaries of his political subdivision;
(f) Any person responsible for causing the hazardous
materials incident shall not be covered by the
liability standard defined in KCC 2.26.110.
(2) It is the responsibility of both parties to ensure that
mutually agreeable procedures are established when assistance is
requested, for recording the name of the person whose assistance
is requested, and the time and date of the request, which records
shall be retained for three years by the Kent Fire
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Department. A copy of the official incident command agency
designation shall be a part of the assistance agreement specified
in this section.
"2.26.130. ASSISTANCE AGREEMENTS - NOTIFICATION AT
INCIDENT.
(1) The Chief of the Fire Department or his
representative may enter into verbal hazardous materials emergency
assistance agreements at the scene of an incident where execution
of a written agreement prior to the incident is not possible. A
notification of the terms of this section shall be presented at
the scene by the incident commander or his representative to the
person whose assistance is requested. The incident commander and
the person whose assistance is requested shall both sign the
notification which appears in subsection (2) of this section,
indicating the date and time of signature. If a requesting agency
deliberately misrepresents individual or agency status, that
agency shall assume full liability for any damages resulting from
the actions of the person whose assistance is requested, other
than those damages resulting from gross negligence or wilful or
waton misconduct.
(2) The notification required by subsection (1) of this
section shall be as follows:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance
by a representative of a designated hazardous materials incident
command agency. To encourage your assistance, the Washington
State Legislature has passed "Good Samaritan" Legislation (chapter
4.24 RCW, part) to protect you from potential liability. The law
reads, in part:
"Any person who, in good faith, renders emergency
care, assistance, or advice with respect to a
hazardous materials incident is not liable for civil
damages resulting from any act or omission in the
rendering of such care, assistance, or advice, other
than acts or omissions constituting gross negligence
or wilful or wanton misconduct."
The law requires that you be advised of certain
conditions to ensure your protection:
1. You are not obligated to assist and you may withdraw
your assistance at any time.
2. You cannot profit from assisting.
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3. You must agree to act under the direction of the
incident commander.
4. You are not covered by this law if you caused the
initial accident or if you are a public employee
doing your official duty.
I have read and understand the above.
(Name)
Date Time
I am a representative of a designated hazardous
materials incident command agency and I am
authorized to make this request for assistance.
(Name)
(Agency)
Date
Time
Section 3. EFFECTIVE DATE. This ordinance shall take
effect and be in force five (5) days from and after its
passage, approval and publication as provided by law.
I ABEL HOGA , MAYOR
ATTEST:
j, MARIE J EN, CI�PY CLERK
11,APPROVED AS TO FORM:
P. STEPHEN DiJULIO, CITY ATTORNEY
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PASSED the _day of 1982.
APPROVED the day of — , 1982.
PUBLISHED the day of %%&-7% , 1982.
I hereby certify that this is a true copy of Ordinance
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
(SEAL)
- CITY CLERKMARIE JE,
3521-91A
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