Chapter 1.42
HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY

Sections:

1.42.010    Designated.

1.42.020    Authority to request assistance.

1.42.030    Emergency assistance agreements.

1.42.040    Verbal emergency assistance agreements.

1.42.050    Liability – Recovery of costs.

1.42.010 Designated.

The governing body of the city hereby designates the Hoquiam fire department as the hazardous materials incident command agency for all hazardous materials incidents within the corporate limits of the city. (Ord. 3021A § 1, 1982).

1.42.020 Authority to request assistance.

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 of Chapter 4.24 RCW such persons, agencies, and/or corporations are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or willful or wanton misconduct, provided:

(1) The 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 HMC 1.42.030, except as specified in HMC 1.42.040;

(2) The request for assistance comes from the fire department. (Ord. 3021A § 2, 1982).

1.42.030 Emergency assistance agreements.

(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 profit from rendering the assistance;

(e) 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 HMC 1.42.020.

(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 fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 3021A § 3, 1982).

1.42.040 Verbal emergency assistance agreements.

(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 willful or wanton 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) 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 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.

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 _________

(Ord. 3021A § 4, 1982).

1.42.050 Liability – Recovery of costs.

(1) The Hoquiam fire department or its authorized contractor is authorized, but not required, to mitigate the effects of any hazardous material unlawfully released, discharged or deposited upon or into any property or facilities within the city of Hoquiam.

(2) Any person or persons responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, are liable to the Hoquiam fire department for extraordinary costs incurred by the Hoquiam fire department, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the Washington State Department of Ecology.

(3) “Extraordinary costs” as used in this section means those reasonable and necessary costs incurred by the Hoquiam fire department in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident. (Ord. 11-21 § 1, 2011).