1712 - Ordinance - Repealing Ordinance No. 1212 POMC Chapter 2.14 Designation of Fire AuthorityORDINANCE NO. 1712 X
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING ORDINANCE NO. 1212 (POMC 2.14) AND
REESTABLISHING CHAPTER 2.14 POMC TO PROVIDE FOR THE
DESIGNATION OF THE FIRE AUTHORITY AS THE HAZARDOUS
MATERIALS INCIDENT COMMAND AGENCY WITHIN THE
RESPECTIVE BOUNDARY OF THE CITY OF PORT ORCHARD AND
AUTHORIZING THE FIRE AUTHORITY TO ACCEPT AND ENTER INTO
MUTUAL ASSISTANCE BETWEEN THE CITY OF PORT ORCHARD
AND PERSONS WITH EQUIPMENT, PERSONNEL AND EXPERTISE IN
THE HANDLING OF HAZARDOUS MATERIALS BY ESTABLISHING
LIMITATIONS ON LIABILITY FOR THOSE PERSONS OR AGENCIES
RESPONDING AND DECLARING AN EMERGENCY THEREFORE.
WHEREAS, the City of Port Orchard and Kitsap County Fire District No. 7 have entered
into an Agreement for the District to provide fire protection to the City commencing January 3, 1998, now
and therefore is referred to as the Fire Authority, and
WHEREAS, the City of Port Orchard is required by RCW 4.24 to designate a Hazardous
Materials Incident Command Agency, and
WHEREAS, designated hazardous materials incident Command agencies are
authorized and encouraged to enter into individual or jointly written hazardous materials emergency
assistance agreements with persons or companies whose knowledge or expertise is deemed potentially
useful, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1212 (POMC 2.14) is hereby repealed in its entirety.
SECTION 2 Port Orchard Municipal Code 2.14 is reestablished to read as follows:
(1) HAZARDOUS MATERIAL INCIDENT COMMAND AGENCY. (a) The City Council
of the City of Port Orchard hereby designates South Kitsap Fire District No. 7 as the Incident Command
Agency for all hazardous material incidents within the corporate limits of the City of Port Orchard.
(b) The Fire District and the City of Port Orchard together and separately shall reserve the right to recover
cost for incident response and incident clean up, as outlined in RCW 4.24.314 for extraordinary cost
incurred due to a Hazardous Materials Incident in accordance with fee schedule as adopted by the
Washington State Association of Fire Chiefs.
(2) AGREEMENT - AUTHORIZED. The Fire Authority 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 wilful or wanton misconduct, provided:
(a) The fire authority and persons whose assistance is requested have entered into a
written hazardous materials assistance agreement prior to the incident which
incorporates the terms of POMC 2.14.040, except as specified in POMC 2.14.050;
(b) The request for assistance comes from the fire authority.
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(3) ALLOWABLE COSTS.
To be allowable, costs for which reimbursement is sought must be consistent with CERCLA and with
Federal cost principles outlined in the OMB Circular A-87, "Cost Principles for State and Local
Governments." The local government may also seek assistance from the EPA Regional Office in
determining which costs may be allowable. Final determination of the reasonableness of the costs for
which reimbursement is sought will be made by EPA.
Allowable cost. In general, allowable costs are those project costs are eligible, reasonable, necessary
and allocable to the project. Costs allowable for reimbursement may include, but are not limited to:
(a) "Disposable materials and supplies" acquired, consumed, and expended
specifically for the purpose of the response for which reimbursement is being
requested (hereafter referred to as "the response");
(b) Compensation for unbudgeted wages of employees for the time and efforts
devoted specifically to the response that are not otherwise provided for in the
applicant's operating budget (e.g., overtime pay for permanent full-time and other
than full-time employees);
(c) Rental or leasing of equipment used specifically for the response (e.g., protective
equipment or clothing, scientific and technical equipment) (Note: reimbursement
for these costs will not exceed the duration of the response);
(d) Replacement costs for equipment owned by the applicant that is contaminated
beyond reuse or repair, if the applicant can demonstrate that the equipment was
a total loss and that the loss occurred during the response (e.g., self-contained
breathing apparatus irretrievably contaminated during the response);
(e) Decontamination of equipment contaminated during the response;
(f) Special technical services specifically required for the response (e.g., costs
associated with the time and efforts of technical experts/specialists not otherwise
provided for by the local government);
(g) Other special services specifically required for the response (e.g., utilities);
(h) Laboratory costs for purposes of analyzing samples taken duringtheresponse;
(i) Evacuation costs associated with the services, supplies, and equipment procured
for a specific evacuation; and
Q) Containerization or packaging cost including transportation and disposal of
hazardous wastes.
(4) AGREEMENT -TERMS AND CONDITIONS.
(a) Hazardous materials emergency assistance agreements which are executed
prior to a hazardous materials incident shall include the following terms and
conditions:
(i) The person requested to assist shall not be obligated to assist;
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(ii) The person requested to assist may act only under direction of the
incident commander or his representative;
(iii) 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;
(iv) The person requested to assist shall not profit from rendering
the assistance;
(v) The person requested to assist shall not be a public
employee acting in his official capacity within the boundaries of
his political subdivision;
(vi) Any person responsible for causing the hazardous materials
incident shall not be covered by the liability standard defined in
POMC 2.14.020.
(b) 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.
(5) AGREEMENT - VERBAL AGREEMENT AND NOTICE OF TERMS.
(a) The chief of the fire authority 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 misconduct.
(b) The notification required by subsection (a) 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
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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:
(a) You are not obligated to assist and you may withdraw your
assistance at any time.
(b) You cannot profit from assisting.
(c) Your must agree to act under the direction of the incident
commander.
(d) 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
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by
the Clerk in authentication of such passage this 9th day of Februa 1998.
ATTEST: LESLIE J. WEATHERILL, MAYOR
Patricia Parks, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
City Attorney
Councilman Morrison