Local Government Fire Services - Authority and Requirements

Overview

Article XI, Section 11 of the Washington State Constitution allows counties, cities and towns to provide for “local police, sanitary, and other regulations,” but no statute specifically requires them to provide fire protection services. Similarly, no statute specifically requires port districts to provide fire protection services. Instead, the legislative bodies of these jurisdictions can decide whether and how to provide such services.

However, as a practical matter most of these jurisdictions provide fire protection services by doing one or more of the following:

• Maintaining a fire department run by the jurisdiction’s own personnel;
• Forming a fire protection district (see Ch. 52.02 RCW);
• Contracting with another jurisdiction for fire protection services;
• Annexing into an existing fire protection district (with voter approval, see Ch. 52.04 RCW); and/or
• Establishing or joining a regional fire protection service authority (with voter approval, see Ch. 52.26 RCW).

Adoption and Enforcement of International Fire Code (IFC)

The State Building Code requires counties to administer and enforce the International Fire Code (IFC) within unincorporated county areas (RCW 19.27.110). Other political subdivisions or municipal corporations can adopt the IFC, and those that do provide for a fire code official (often referred to as the fire marshal) with fire code enforcement responsibility. A fire marshal’s specific job duties will differ by jurisdiction, but they are typically responsible for enforcing IFC regulations related to fire safety for new and existing facilities, arson investigations, and the issuance of fire permits.

Service Performance Measures and Reports

Legislation requires local jurisdictions providing fire protection services in one of the above identified ways to set standards addressing the reporting and accountability of their  “substantially career fire departments” (their non-volunteer fire departments), and to specify service response time performance measures. Jurisdictions providing fire service must also annually evaluate their service level and response times, and issue yearly written reports of these evaluations. However, this legislation does not modify or limit the authority of these governmental entities to set specific levels of service within their jurisdiction.

The statutes regarding performance measures for fire departments are listed below:

• Ch. 35.103 RCW – Cities and Towns
• Ch. 35A.92 RCW – Code Cities
• Ch. 52.33 RCW – Fire Protection Districts and Regional Fire Service Authorities
• Ch. 53.56 RCW – Port Districts

Emergency Medical Services

Emergency medical services (EMS) in Washington can be provided by city fire departments, regional fire service authorities, fire districts, public hospital districts, and private ambulance services. See the MRSC page on Emergency Medical Services Provision for more information. 

Civil Service and Collective Bargaining

Cities and towns with full paid fire departments are required to establish a fire civil service system with a three-member fire civil service commission (Ch. 41.08 RCW). RCW 41.08.220 defines “full paid fire department” as departments with officers and firefighter employees regularly paid by the city that devote their working time to firefighting.

Fire protection districts with full paid fire departments may (but are not required to) provide for civil service.  See RCW 52.30.040 and Roberts v. Clark County Fire Protection Dist. No. 4 (1986). The same is true for port districts.

If individual jurisdictions with civil service fire departments create a regional fire service authority and transfer their responsibilities and employees to it, the collective bargaining representatives of the transferring employees and participating jurisdictions must negotiate establishing a civil service system for the regional authority. However, this requirement does not apply if none of the participating jurisdictions provide for civil service in their respective fire departments (RCW 52.26.100(6)(b)).

Public employee collective bargaining statutes (Ch. 41.56 RCW) apply generally to all public fire services (RCW 41.56.020).

For further information on this topic, see our page on Civil Service.

Volunteer Firefighters

Several legal authorities regulate volunteer firefighters, including:

• RCW 35.21.770 and 35A.11.110 – City and code city councilmembers may serve as volunteer firefighters if two-thirds of the city council approves by resolution.
• RCW 52.14.010(3) – Fire district commissioners may serve as volunteer firefighters if approved by unanimous board resolution. RCW 52.26.080(3) also applies this statute to regional fire authorities.
• RCW 35.21.772 and 52.30.070 – Volunteer firefighters (except the fire chief) in city fire departments or fire protection districts may be appointed or elected to any public office, unless otherwise prohibited by law.
• Snure Law Office: Memorandum to Fire District and Regional Fire Authorities (2019) – Regarding the use of volunteer firefighters and the taxability of the compensation paid to volunteers under FLSA.
• U.S. Department of Labor Opinion Letter (2006) – Discusses "nominal" volunteer payments under FLSA, and what it means for persons to volunteer at the "same public entity" or to perform "the same type of services" as their regular employment.

Fire Protection Statutes

Counties

• RCW 36.32.470 – Gives county legislative authorities the ability to furnish municipal corporations or political subdivisions with financial or other assistance to provide fire protection, ambulance or other emergency services within the county.

Fire Protection Districts

• Title 52 RCW – Provides for formation, powers, operation, expansion and dissolution of fire protection districts.

Regional Fire Protection Service Authorities

• Ch 52.26 RCW – Allows fire protection jurisdictions (broadly defined to include cities, towns, port districts and other governments) to join in forming regional fire protection authorities, defined as independent municipal corporations with boundaries that are coextensive with two or more adjacent fire protection jurisdictions. For more information, see the MRSC page on Regional Fire Authorities.

Cities and Towns

All Cities and Towns

• RCW 35.02.190-.220 and RCW 35.13.215-.249 – Provisions related to annexing or incorporating fire protection districts into a city or town.
• RCW 35.21.030 – Allows cities and towns to provide water and auxiliary water systems for fire protection.
• RCW 35.21.775 – Allows cities and the state to contract for fire protection services to state-owned facilities within city boundaries.
• RCW 52.02.160-.180 – Allows cities to form separate fire protection districts (with boundaries the same as the city’s) if approved by a simple majority of voters. If so formed, the city council may serve as the district’s ex officio fire commissioners, or it may relinquish district governance to a board of independently elected commissioners (RCW 52.14.140).

First Class Cities

• RCW 35.22.280(22) and (23) – Provides first class cities with authority to prevent and extinguish fires and to set fire limits and establish building regulations.

Second Class Cities

• RCW 35.23.440(19), (21), and (50) – Gives second class cities authority to control combustibles, to establish fire departments, and to establish safety and sanitary measures (including fire escapes).

Towns

• RCW 35.27.370(6) – Towns can provide fire engines and “all other necessary or proper apparatus” to prevent and extinguish fires.
• RCW 35.27.400 – Town authority to establish fire limits.

Code Cities

• RCW 35A.11.020 – The powers vested in legislative bodies of noncharter and charter code cities includes the power to establish civil service and retirement systems for firefighters.

Unclassified Cities

• RCW 35.30.010(8) – Unclassified cities can “make all such ordinances, bylaws and regulations, not inconsistent with the Constitution and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of the city, and to do and perform any and all other acts and things necessary and proper to carry out the purposes of the municipal corporation.”

Commission Form Cities

• RCW 35.17.010 (1) – Commission cities can form a department of public safety (which can include fire prevention services), with the mayor as superintendent.

Council-Manager Plan Cities

• RCW 35.18.080 – Cities operating under the council-manager plan can create “necessary” departments (which can include fire departments) on the city manager’s recommendation.

Other Fire Protection Statutes

• Ch. 39.34 RCW – Authorizes any two or more public agencies to enter interlocal agreements with one another for joint or cooperative action.
• Ch. 43.44 RCW – Gives the Washington State Patrol (through the authority of the Director of Fire Protection or authorized deputies) to inspect public buildings and enforce fire codes, and lists respective jurisdictional responsibilities for fire reporting and investigation.
• RCW 14.08.120(1)(b) – Authorizes municipalities that operate airports to provide fire protection for the airport, including the power to acquire and operate fire protection equipment and facilities. (RCW 14.08.010 defines “municipality” broadly to include any county, city, town, airport district, or port district).
• RCW 35.21.775 – Allows interlocal agreements between a city or town and the state for fire protection services to state-owned facilities within the city or town’s boundaries.
• RCW 35.84.040 – Municipalities can fight fires outside of their corporate limits.
• RCW 52.30.020 – Subject to certain exceptions, requires fire protection service interlocal agreements between state agencies or municipalities if the district includes (or is adjacent to) state or municipal owned buildings and equipment.
• RCW 76.04.135 – Provides that the State Department of Natural Resources may enter into contracts or agreements with municipalities, counties, states, or federal agencies to provide fire detection, prevention, pre-suppression, or suppression services on property within their responsibility to protect.
• RCW 43.43.930-.965 – Provides for state fire protection services, and the creation and appointment of a state director of fire protection. Establishes seven state regions, creates a regional fire defense board within each region, and requires them to develop regional fire service plans that include provisions for organized fire agencies to respond across municipal, county, or regional boundaries. To view the latest mobilization plan, visit the Washington State Patrol’s page on All Risk Mobilization.  
• RCW 53.25.100 – Allows port districts with established industrial development districts to provide fire protection facilities and services.