HomeMy WebLinkAboutOrd 1276 - Fire Department Designated as Hazardous Materials Incident Command Agency (Repealed by Ord 2693)City of Tukwila
Washington
Cover page to Ordinance 1276
The full text of the ordinance follows this cover page.
A1 0 R.1 NANCE OP THE crTy OF T U K L A I WASHINGTON
DESIGNATING THE TUKWILA FIRE DEPARTMENT'. AS THE
HA Z ARDOUS MAT E RI AL S INCIDENT COMMAND AGENCY
W TH IN ITS .1!' E SP T tOUN D AR I ES , .AN D AUTHOR I Z I NG
HE.: F. IRC DEART1ENT TO .ACC E PT 'MUTUAL ASS I STANCE
B ETW EEN THE C 1T Y AND PERSONS WITH .E QJ 1P EN T !
PERSONNEL, AND EXPERT I SE IN THE HANDLING OF
HAZARDOUS MATERIALS 1,NG "DENTS ! BY E STAHL I SH I NG
LIMITATIONS
ON LIABILITY FOR THOSE PERSONS
RE SP OND I NG,
Ordinance 1276 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed Repealed by Ord #
2693
a
-CITY OF TUKWILA
WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
DESIGNATING THE TUKWILA 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, BY ESTABLISHING
LIMITATIONS ON LIABILITY FOR THOSE PERSONS
RESPONDING.
WHEREAS, the City of Tukwila is required by 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 CITlY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That the governing body of the City of Tukwila
hereby designates the Fire Department as the Hazardous
Materials Incident Command Agency for all hazardous materials
incidents within the corporate limits of the City of Tukwila.
approval of the Mayor
Section 2. The Fire Chief is authorized, subject to the/
subject to the provisions in Sect. 3of this ordinance to enter into written
agreements with persons, agencies, and /or corporations who may
provide assistance with respect to a hazardous materials incident.
In accordance with the provisions of RCW 4.24, such persons,
agencies, and /or corporations are not liable for civil damages
resulting from any act or omission in the rendering of such care,
assistance, or advice, other than acts or omissions constituting
gross negligence or willful or wanton misconduct, provided:
(1) Prior to the incident, the Tukwila Fire Department and the
person whose assistance is requested have entered into a
written hazardous materials assistance agreement which complies
substantially with the form that is specified in Section 3
of this Ordinance; and
(2) The request for assistance comes from the Tukwila Fire
Department.
Section 3. The written agreements referred to in Section (2) of
this Ordinance shall be in substantially the following form:
HAZARDOUS MATERIALS EMERGENCY
ASSISTANCE AGREEMENT
This Agreement is made this day of 198_,
between the Tukwila Fire Department, the designated Hazardous
Materials Incident Command Agency for the City of Tukwila
and
ORDINANCE NO. 1,27 Page 1
9146A /LEH /JCW
WHEREAS, the Tukwila Fire Department is authorized, pursuant to
Chapter 4.24 RCW, to enter into agreements with persons, agencies,
and /or corporation who may provide assistance with respect to a
hazardous materials incident; and
WHEREAS, Chapter 4.24 RCW provides in part:
"Any persons 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 advise other than acts or omissions
constituting gross negligence or willful or
wanton misconduct."
IT IS THEREFORE AGREED:
1. shall be designated as a person
requested to assist with respect to a hazardous materials incident;
2. The person requested to assist shall not be obligated to
assist;
3. The person requested to assist may act only under the
direction of the Fire Chief or his representatives;
4. The person requested to assist may withdraw his assistance
if he deems the actions or directions of the Fire Chief to be
contrary to accepted hazardous materials response practices.
5. The person requested to assist shall not profit from
rendering the assistance.
6. The person requested to assist shall not be a public
employee acting in his official capacity within the City of Tukwila.
7. The liability standard defined above, as provided in RCW
Chapter 4.24, shall not apply to a person responsible for causing
the hazardous materials incident.
8. It is the responsibility of both parties to ensure that
mutually agreeable procedures are established for identifying the
designated incident command agency when assistance is requested, for
recording the name of the person whose assistance is requested, and
the time and date of the request. Such records shall be retained
for three years by the Tukwila Fire Department.
9. A copy of the official incident command agency designation
shall be a part of this assistance agreement.
Fire Chief, City of Tukwila
Person Requested to Assist
Section 4. (1) The Chief of the Fire Department or his
representative may enter into verbal hazardous materials emergency
assistance agreement at the scene of an incident where execution of
ORDINANCE NO. /a Page 2
9146A /LEH /JCW
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.
(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 willful or wanton misconduct."
The law requests 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.
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
DATE TIME
ORDINANCE NO Page 3
9146A /LEH /JCW
PASSED BY THE CITY COUNCIL OF THE CITY OF ^lUKWIL„ A�^lON,
at a regular meeting thereof this Q day of
1982.
�ia�i m L: Van Dusen
Ga
ATTEST:
Cit/y Clerk
Approved as to Form
Deputy City Attorney, Daniel D. Woo
Published Record Chronicle: October 29, 1982
ORDINANCE NO. Page 4
9146A /LEH /JCW