Title 118 WAC — Military Department (Emergency Management)

Chapter 118-03 Mt. St. Helens closure—Rules for permitted entry and/or occupation.

Wash. Admin. Code § 118-03-010 Purpose.

The purpose of this chapter is to adopt rules, regulations, and guidelines to implement executive orders issued by the governor prohibiting any person or persons with certain limited exceptions from entering the high risk danger zone known as the restricted zone of the Mt. St. Helens volcano as described in that executive order, and providing entry permit procedures for persons excepted. These rules may be amended from time to time as conditions warrant. The executive orders issued by the governor recognize the continuing danger from additional eruptions, earthquakes, flash floods, and other related events from Mt. St. Helens.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-010, filed 9/27/85
• WSR 83-16-025 (Order 83-01), § 118-03-010, filed 7/27/83
• WSR 82-15-007 (Order 86-06), § 118-03-010, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-010, filed 7/7/81.

Wash. Admin. Code § 118-03-030 Definitions.

"Restricted zone" shall mean that high hazard area immediately adjacent to or surrounding the Mt. St. Helens volcano closed to public access by the governor of the state of Washington pursuant to RCW 43.06.010, 43.06.210, 43.06.220, 38.52.050, and 38.52.010. The restricted zone boundary area may change from time to time as conditions warrant. "Fallback zones" shall mean areas immediately adjacent or surrounding the restricted zone which may be closed to public access by the governor of the state of Washington pursuant to RCW 43.06.010, 43.06.210, 43.06.220, 38.52.050, and 38.52.010. When closed to public access by the governor, a fallback zone shall be a part of the restricted zone defined by this section. Fallback zones may be instituted from time to time as conditions warrant. The abbreviation "DEM" as used hereinafter shall mean the Washington state department of emergency management. The term "director" used hereinafter shall mean the director of the department of emergency management. "DOL" shall mean the Washington state department of licensing. "News media" shall include journalists, publishers, television and radio broadcast persons who are regularly engaged in the business of publishing or broadcasting. "ECC" shall mean the emergency coordinating center located at the U.S. Forest Service Office in Vancouver, Washington. "Individual(s)" shall mean a person, partnership, joint venture, private or public corporation, association, firm, public service company, public utility district, or any other entity, public or private, however organized. "Control" shall mean to lease or rent. "DLE" shall mean driver's license examiner. "USFS" shall mean United States Forest Service. "USGS" shall mean United States Geological Survey.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-030, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-030, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-030, filed 7/7/81.

Wash. Admin. Code § 118-03-050 Exempted personnel.

The following shall be subject to a limited exception to the prohibition against entry or occupancy in the restricted zone.

(1) U.S. Geological Survey personnel who are performing official duties related to scientific evaluation and hazard assessments that require their presence in the restricted zone.

(2) U.S. Forest Service personnel who are performing official duties that require entry into the restricted zone.

(3) U.S. Army Corps of Engineers personnel who are performing official duties that require their presence in the restricted zone.

(4) Search and rescue personnel registered or identified pursuant to RCW 38.52.010(5) on official search and rescue missions within the restricted zone. The sheriffs of counties whose jurisdictions lie within the boundaries of the restricted zone or their designee(s) shall have the authority to approve entry and/or occupation by search and rescue personnel.

(5) Federal, state, county and local law enforcement and firefighting personnel whose jurisdiction is within the restricted zone and who are on official business within the restricted zone.

(6) Federal, state, county or local administrative personnel on official business within the restricted zone.

(7) Individual(s) who own and/or control real property, or personal property being used as a residence, and whose official permanent residence is within the restricted zone when applicable.

(8) Individual(s) with a legitimate business reason for being within the restricted zone as determined by the director, department of emergency management, or his designee(s).

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-050, filed 9/27/85
• WSR 83-16-025 (Order 83-01), § 118-03-050, filed 7/27/83
• WSR 82-15-007 (Order 86-06), § 118-03-050, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-050, filed 7/7/81.

Wash. Admin. Code § 118-03-070 Conditions for entry.

(1) All permit holders must have two-way communications available within the restricted zone with a base station located outside of the zone. The base station must be monitored at all times while the permittee is in the restricted zone. The base station emergency phone number must be on file with DEM or the USFS.

(2) The restricted zone will be closed by a coordinated decision of the DEM and the USFS on the advice of the USGS that hazards are elevated. The restricted zone will be closed when there is an alert issued by the U.S. Geological Survey, and if necessary during advisories issued by the U.S. Geological Survey.

(3) Overnight stays in the restricted zone will be granted only by special permission by the USFS or by the director of DEM or his designee. The permit holder must be doing work requiring night time operations and have constant radio communications. Otherwise, entry and occupancy of the restricted zone will normally be limited to the period one-half hour before sunrise to one-half hour after sunset, as established by the National Weather Service.

(4) The permit for entry into the restricted zone will contain specified routes of travel, duration of stay, type of vehicle or aircraft and description, destination, evacuation route, base radio contact alternative routes, and names of those entering.

(5) Helicopters entering the restricted zone must obtain a mission number from the Mt. St. Helens National Volcanic Monument ((206) 247-5473). Information required is the number of people entering, destination and estimated entry and departure times. All aircraft are to monitor aircraft radio frequently 122.75 MHZ.

(6) Entry into the crater will be limited to scientists, media permit holders, and other officials on official business with supervision by the U.S. Forest Service or U.S. Geological Survey.

(7) Permit holders must be able to leave the restricted zone within one hour.

(8) Permit holders will leave the restricted zone when ordered by proper authorities.

(9) Anyone entering the restricted zone must have with them either a restricted zone permit or a restricted zone contractor's permit card.

(10) It is strongly recommended that all who enter the restricted zone carry emergency gear and a first-aid kit. Recommended minimal emergency equipment should include: Hard hat, respirator or face mask, goggles, water and food.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-070, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-070, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-070, filed 7/7/81.

Wash. Admin. Code § 118-03-090 Washington state department of licensing to process permits.

When the restricted zone is expanded by governor's executive order to include areas outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

The DOL may process restricted zone entry permit applications at but limited to the following locations:

The DOL, under the direction of the director of DEM or his designee(s), may issue a permit for entry to the restricted zone, only to such individuals and for such purposes as are clearly permitted by this chapter and executive order. The DOL shall compile a daily status list of approved and denied entry permits to the restricted zone. DOL shall also maintain a daily status list of those permanent residents or property owners who are currently occupying their property within the restricted zone. Permanent residents or property owners will keep DOL advised by mail of the names and number of visitors and the dates that the visitors will be present.

phone numbers of dol offices

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-090, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-090, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-090, filed 7/7/81.

Wash. Admin. Code § 118-03-110 Application/processing procedures—Nonpermanent residents.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Individuals desiring access to the restricted zones should contact one of the designated DOL driver's license examiners at the locations listed during regular business hours, Tuesday through Saturday, 8:30 a.m. to 5 p.m., and complete an application form for a permit stating the nature and need for access and sign the waiver contained on the application form. Federal, state and local governmental personnel on official business will only be required to complete and submit a permit application form. Upon completion and submission of this application to DOL, the application will be approved or disapproved within five regular working days by DOL. After approval of the application a permit will be issued immediately.

(2) Individuals who are employers or government entities applying for a permit under WAC 118-03-230 may complete and submit an industrial application form to be issued an industrial permit which would allow the entry and/or occupation within the restricted zone by its authorized employees, contractors or agents for business reasons.

(3) DOL will screen applicants according to the criteria published herein and will issue permits to those that have demonstrated a need to enter and/or occupy the restricted zone. The DLE will assure that all pertinent data such as time of entry, duration of need, and mode of travel has been presented and will inform the applicant of entry requirements as stated herein.

(4) DOL will provide the director, DEM; the director, USFS emergency coordination center; and the sheriffs of counties whose jurisdictions lie within the boundaries of the restricted zone with a daily list of permits issued.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-110, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-110, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-110, filed 7/7/81.

Wash. Admin. Code § 118-03-130 Permit and waiver issuance procedures—Permanent residents.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Permanent residence applicants must present proof of ownership or control of real property or personal property being used as a residence and a permanent residence status at the time of application.

(2) Permanent residence applicants eighteen years of age and older shall be required to obtain a permit and sign a waiver.

(3) Permanent residence applicants between sixteen years of age or older, but who have not attained eighteen years of age, shall obtain a permit and their parent/guardian must sign a waiver on their behalf.

(4) All permanent residence applicants under sixteen years of age must be included on the application of their parent/guardian.

(5) DOL will maintain a current list of permanent residents with permits within the restricted zone.

(6) Permanent residents must have either a proven two-way communications system for warning or be a part of a local government warning and evacuation system.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-130, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-130, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-130, filed 7/7/81.

Wash. Admin. Code § 118-03-150 Permit and waiver issuance procedures—Recreation property owners, renters, or lessees.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Recreation property owners, renters, or lessees must comply with the following conditions:

(a) Applicants must present proof of ownership or control of real property or personal property.

(b) Applicants eighteen years of age and older shall be required to obtain a permit and sign a waiver.

(c) Applicants between sixteen years of age or older, but who have not attained eighteen years of age, shall obtain a permit and their parent/guardian must sign a waiver on their behalf.

(d) Applicants under sixteen years of age must be included on the application of their parent/guardian.

(2) DOL will maintain a current list of recreation property owners, renters, or lessees with permits within the restricted zone.

(3) Recreation property owners, renters, or lessees must have either a proven two-way communications system for warning or be a part of a local government warning and evacuation system.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-150, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-150, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-150, filed 7/7/81.

Wash. Admin. Code § 118-03-170 Permit and waiver issuance procedures—Visitors to permanent residents or recreational property owners.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Visitors must maintain a signed waiver on file with DOL.

(a) All visitors eighteen years of age and older shall sign a waiver.

(b) All visitors between sixteen years of age or older, but who have not attained eighteen years of age must have a waiver signed on their behalf by their parent/guardian.

(c) All visitors under sixteen years of age must be included on the waiver signed by their parent/guardian.

(2) Permanent residents or recreational property owners must notify DOL by mail in advance of the names of visitors and the dates the visitors will be with them in the restricted zone.

(3) Visitor(s) will obtain their pending permit that is being held at the DOL office where the visitor permit application was mailed.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-170, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-170, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-170, filed 7/7/81.

Wash. Admin. Code § 118-03-190 Permit and waiver issuance procedures—Media and scientific research.

(1) Media permit applications will be reviewed by a USFS review committee.

(2) Scientific research permit applications will be reviewed by a USFS scientific research review committee.

(3) Requests for permits by both media and scientific research personnel will be forwarded to the USFS ECC coordinator for distribution and consideration by the appropriate review committee.

(4) Applicants must meet all criteria contained in WAC 118-03-070 and 118-03-230.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-190, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-190, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-190, filed 7/7/81.

Wash. Admin. Code § 118-03-210 Conditions for entry—Permanent residents and recreation property owners.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Individuals who establish proof of permanent residence in communities or areas within the restricted zone will be issued a permit by DOL.

(2) Movement within the restricted zone will be restricted to the most direct access/exit route, the generally recognized boundaries of the community and service and supply locations within the zone.

(3) The permit does not allow the holder unlimited movement or access to any other areas within the restricted zone unless a specific permit has been issued.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-210, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-210, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-210, filed 7/7/81.

Wash. Admin. Code § 118-03-230 Conditions for entry—Employees, contractors, and agents of individual(s) or government entity(s) issued industrial permits.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Individual(s) or governmental entity(s) issued a permit under WAC 118-03-050, 118-03-110, and 118-03-270 shall:

(a) Have a method to identify the location(s) of each authorized employee, agent and contractor who is within the restricted zone for the permittee's business.

(b) Inform each authorized employee, agent and contractor of predesignated escape routes.

(c) Monitor the local sheriff's department or other governmental agency radio frequency which is established for transmitting emergency messages related to Mt. St. Helens.

(d) Maintain a daily check-in and check-out procedure for all authorized employee(s), agent(s) and contractor(s) who are within the restricted zone under the permittee's business.

(e) Issue an identification card, tag or other form of identification approved by the director of DEM or his designee to each authorized employee, agent and contractor who is within the restricted zone for the permittee's business.

(f) Provide the foreman of each work crew, or one member of each group working together with a two-way radio and require them to make regular contact with a central dispatcher.

(g) Inform each employee, agent and contractor authorized to enter the restricted zone for permittee's business that they must be able to leave the restricted zone within one hour.

(h) Make every reasonable effort to ensure compliance from their authorized employee(s), agent(s), and contractor(s) according to WAC 118-03-070, 118-03-230, and all other applicable safety regulations and procedures.

(2) Individual(s) other than government entity(s) shall indemnify the United States, the state of Washington, all political subdivisions thereof and their officer(s), agent(s) and employee(s), against all claims and liabilities which may be asserted against them for any damages, injuries, or losses due to natural volcanic or flash flood causes suffered by any person while within the restricted zones or as a result of entering or occupying this zone under the authority of the industrial permit.

(3) Entry and occupancy of the restricted zone for industrial permittees will be authorized as per WAC 118-03-070(3).

(a) Industrial permits will be good for the length of contract, not to exceed three months.

(b) Industrial permits may be renewed upon approval of the director of DEM or his designee(s).

(4) Entry and occupancy of the restricted zone for continuous 24-hour periods by industrial permittees will be permitted on a case-by-case basis by the director of DEM or his designee(s) upon a showing of overriding necessity.

(5) Each individual(s) at the time of application for an industrial permit issued under WAC 118-03-050 and 118-03-110 or prior to application must file with DEM an evacuation, emergency communication and warning plan.

(6) The evacuation plan must include the following:

(a) A description of the areas of operation by township, range, and section.

(b) Number of personnel to be engaged within these areas.

(c) Type and number of vehicles to be used for evacuation.

(d) Primary and alternate escape routes to be used.

(7) The emergency communication and warning plans must include the following:

(a) Manner in which the industrial permit holder would receive notification of a volcanic event.

(b) Procedures which the industrial permit holder would use to warn his/her personnel in the restricted zone.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-230, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-230, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-230, filed 7/7/81.

Wash. Admin. Code § 118-03-250 Industrial permit reapplication procedure.

When the restricted zone is expanded by governor's executive order to include lands outside of USFS lands and the Mt. St. Helens National Volcanic Monument, the following shall apply.

(1) Industrial permits issued for the restricted zone prior to August 1, 1985, are valid until the expiration date on the permit has been attained and then only if all requirements under WAC 118-03-230 have been complied with.

(2) Industrial permittee(s) may request a new permit prior to the existing permit date via telephone or personal contact with/or in person to the DLE whose DOL office issued the application and permit.

(3) The DLE must be advised of the date and approximate time an authorized agent of the industrial permittee will arrive to sign and pick up the new permit.

(4) The industrial permittee must also give all necessary information required to process the application.

(5) On assigned day, the authorized industrial agent must go to the DOL, identify him/herself to the DLE, review the application form and permit for accuracy, and sign the waiver.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-250, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-250, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-250, filed 7/7/81.

Wash. Admin. Code § 118-03-270 Federal, state, and local government administrative personnel.

Federal, state or local government administrative personnel on official business shall be authorized entry into the restricted zone when:

(1) Such entry will not burden official search and rescue missions or other emergency operations in the restricted zone, and

(2) Such entry be limited, to the extent possible, to specified destination(s) and route(s) within the restricted zone, and

(3) Approval for permit issue has been made by the director, DEM or his designee(s) or the USFS, and

(a) Such entry is necessary to provide for the health, safety, and welfare of citizens in the disaster area, or

(b) Such entry is necessary to assess damages caused by the volcanic activity for the purpose of mitigating further damage or providing for the well being of disaster victims, or

(c) Such entry will provide information necessary for federal, state or local officials responsible for disaster response.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-270, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-270, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-270, filed 7/7/81.

Wash. Admin. Code § 118-03-290 Other permit applicants.

The director, DEM, his designee(s) or the USFS may authorize persons not included in the above specific categories to enter the restricted zone when:

(1) Such entry be limited, to the extent possible, to specified destinations and routes within the restricted zone, and

(2) Such entry will not burden official search and rescue missions or other emergency operations, and

(3) Such entry is limited in duration and by type of transportation to minimize, to the extent consistent with urgency of the entry, the safety of those granted entry permits, and

(a) Such entry is necessary for or will contribute to the health, safety, and welfare of the citizens in the disaster area, or

(b) Such entry is necessary for maintenance of privately owned property within the restricted zone when applicable, or

(c) Such entry is necessary or will contribute to the successful mitigation of damages caused by volcanic activity.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-290, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-290, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-290, filed 7/7/81.

Wash. Admin. Code § 118-03-310 Revocation and suspension.

(1) In the event that volcanic activity or other events increase the danger already present in the restricted zone, permits, except permanent residents, when applicable, and scientific personnel approved by the director of DEM, his designee(s), or the USFS may be suspended or revoked by the director, DEM, his designee(s), or the USFS. This decision will be based on available scientific information and/or joint evaluation by the USFS (ECC director) and DEM. This evaluation will be made on a daily basis or as necessary. Notification of revocation/suspension will be made by DEM and the USFS in accordance with established DEM and USFS operational procedures.

(2) The director of DEM or his designee(s) may suspend or revoke any permit issued under this chapter of the Washington Administrative Code, except for permanent residents when applicable, upon the failure of the permit holder(s) to meet the conditions of the permit of this chapter.

History

• Statutory Authority: Chapters 43.06 and 38.52 RCW. WSR 85-20-062 (Order 85-02), § 118-03-310, filed 9/27/85
• WSR 82-15-007 (Order 86-06), § 118-03-310, filed 7/9/82
• WSR 81-15-012 (Order 81-03), § 118-03-310, filed 7/7/81.

Chapter 118-04 Emergency worker program.

Wash. Admin. Code § 118-04-020 Purpose and intent.

The purpose of this chapter is to adopt rules pertaining to the use, classes, scope, conditions of duty and training of emergency workers and compensation of emergency workers' claims.

The intent of these rules is to clearly delineate the responsibilities of authorized officials and emergency workers before, during, and after emergencies, disasters, and other specific missions.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 93-23-005 (Order 93-08), § 118-04-020, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-040 Scope.

This chapter is applicable for emergency activities as outlined in chapter 38.52 RCW for:

(1) Emergencies, disasters, and related incidents that are determined by appropriate tribal, state, or local authorities to require the use of emergency workers and that are authorized by the issuance of an emergency management division mission number.

(2) Search and rescue missions, including urban search and rescue and evidence search missions, that are conducted under the authority of tribal or local law enforcement officers and that are authorized by issuance of an emergency management division mission number.

(3) Training events authorized by issuance of an emergency management division training event number.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-040, filed 11/26/25, effective 12/27/25
• WSR 93-23-005 (Order 93-08), § 118-04-040, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-060 Definitions.

(1) "Authorized official" means the adjutant general of the Washington military department or designee, director of the state emergency management division or designee, the director or designee of a tribal or local emergency management agency, the chief law enforcement officer or designee of a tribe or political subdivision, or other such officials as identified in the search and rescue annex or emergency support function of a tribal or local comprehensive emergency management plan.

(2) "Authorized organization" means the Washington military department, emergency management division; tribal or local emergency management agencies, and law enforcement agencies of tribes or political subdivisions.

(3) "Claimant" means the person making a claim or their legal representative.

(4) "Emergency management division" means Washington military department, emergency management division.

(5) "Engineer" means any person registered under chapter 38.52 RCW as an emergency worker who is an architect registered under chapter 18.08 RCW and/or a professional engineer registered under chapter 18.43 RCW.

(6) "Evidence search" means an unscheduled, nonemergency training activity utilizing emergency worker skills to look for evidentiary material resulting from criminal activity.

(7) "Incident" means an occurrence or event, either human-caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or the environment.

(8) "Local emergency management agency" means the emergency management or emergency services organization of a political subdivision of the state established in accordance with RCW 38.52.070.

(9) "Tribal emergency management agency" means the organization within any federally recognized Indian tribe as defined in RCW 43.376.010 responsible for emergency management as defined in RCW 38.52.010(12).

(10) "Local director" means the director or designee of a local emergency management agency.

(11) "Tribal director" means the director or designee of a tribal emergency management agency.

(12) "Mission" means a distinct assignment of personnel and equipment to achieve a set of tasks related to an incident, emergency, disaster, or search and rescue operation that occurs under the direction and control of a local authorized official.

(13) "Training event" means a planned, nonemergency activity for the development, maintenance, or upgrading of emergency worker skills.

(14) "Urban search and rescue (US&R)" means locating, extricating and providing for the immediate medical treatment of victims trapped in collapsed or damaged structures.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-060, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-060, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-060, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-080 Registration.

Registration is a prerequisite for eligibility of emergency workers for benefits and legal protection under chapter 38.52 RCW.

(1) Emergency workers shall register in their jurisdiction of residence or in the jurisdiction where their volunteer organization is headquartered by completing and filing an emergency worker registration card, Form EMD-024 or equivalent, with the tribal or local emergency management agency.

(a) The information provided during registration may be used by tribal or local authorized officials to conduct criminal history and driving record background checks.

(b) Failure to truthfully respond to statements set forth on the registration form may result in the denial of registration, revocation of registration as an emergency worker, or denial of compensation for claims or damage.

(c) Registration and subsequent issuance of an emergency worker identification card, Form EMD-025 or equivalent, shall be at the discretion of the tribal or local emergency management agency director. Denial of registration should only be made for cause.

(d) Each emergency worker shall be assigned to an emergency worker class as listed in WAC 118-04-100 in accordance with their skills, abilities, licenses, and qualifications.

(2) An employee of the state or of a political subdivision of the state who is required to perform emergency duties as a normal part of their job shall be considered as registered with the local emergency management agency in the jurisdiction in which they reside.

(a) When such individuals are outside the jurisdiction of their employment during a disaster or emergency, except when acting under the provisions of a mutual aid agreement, they should report to the on-scene authorized official and announce their capabilities and willingness to serve as a volunteer during the emergency or disaster. These individuals will be afforded the same protection as all other emergency workers.

(b) Such individuals, including volunteer firefighters enrolled under chapter 41.24 RCW, shall not be eligible for compensation as emergency workers when, during an emergency or disaster, they are performing their normal duties in the geographic area they are normally assigned to work or in another geographic area under the provisions of a mutual aid agreement.

(3) Temporary registration.

(a) Temporary registration may be authorized:

(i) In those emergency situations requiring immediate or on-scene recruiting of volunteers to assist in time-critical or life-threatening situations.

(ii) In those training or exercise situations where certain duties can be performed by persons who have no permanent and specific emergency worker assignments and who are not registered emergency workers but whose participation may be essential or necessary for the conduct of the training or exercise activity such as persons serving as disaster victims during a medical exercise.

(b) Persons shall be temporarily registered during the period of service if they have filled out a temporary registration card which includes name, date of birth, and address, as well as information describing the emergency, training, or exercise function they participated in, and the date and time they were involved in these activities, are issued a temporary identification card, and have reported to and are under the control and supervision of an authorized official operating under the provisions of chapter 38.52 RCW.

(c) When the lack of available time or resources precludes the completion of separate temporary registration and identification cards for each person, entry of the person's name, assignment, date and times of work, total hours worked, and miles driven (if applicable) on an emergency worker daily activity report, Form EMD-078 or equivalent, shall suffice until such time as the required forms can be completed. In these cases, the emergency worker's date of birth shall be used in lieu of an emergency worker identification card number in the appropriate block on the Form EMD-078.

(d) Period of service:

(i) The period of service for persons temporarily registered shall commence no earlier than the date and time of issuance of an emergency management division mission, evidence search mission, or training event number.

(ii) The period of service for persons temporarily registered shall terminate no later than the termination date and time of the emergency management division mission, evidence search mission, or training event number.

(4) Any citizen commandeered for service in accordance with RCW 38.52.110 shall be entitled, during the period of this service, to all privileges, benefits and immunities provided by state law and state or federal regulations for registered emergency workers so long as that citizen remains under the direction and control of an authorized official. Such persons should complete temporary registration at the scene in order to facilitate the processing of any claim that may result from that service.

(5) Animals, such as dogs and horses used in search and rescue and other disaster response may be registered with the tribal or local emergency management agency.

(a) The purpose of this provision is to support those instances where a search dog or other animal must be transported on commercial aircraft. Registration as an emergency search and rescue animal will aid the airline in determining the proper method of transporting the animal.

(b) Registration of an animal also will facilitate the processing of claims for that animal should it become injured or killed during a training event or mission.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-080, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-080, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-080, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-100 Classes of emergency workers.

The following classes of emergency workers and the scope of duties of each class are hereby established.

(1) Administration includes, but is not limited to, technical, administrative, and clerical services and may involve recruiting, coordinating, and directing any emergency support activities.

(2) Aviation includes duties performed by pilots licensed by the Federal Aviation Administration, operating Federal Aviation Administration approved aircraft, in support of emergency management activities. No compensation will be provided under chapter 38.52 RCW for those activities of air search which are the statutory responsibility of the Washington state department of transportation, aviation division.

(3) Communications includes, but is not limited to, any emergency communications activities carried out in accordance with approved tribal, state, or local emergency operations and communications plans.

(4) Engineering includes, but is not limited to, structural, lifeline, electrical, civil, or mechanical engineering activities, inspection services, structural stability evaluation, and other emergency engineering-related activities such as construction, closure, demolition, repair, and maintenance of highways, roads, streets, bridges, as well as all types of buildings and facilities.

(5) Fire service includes, but is not limited to, assisting firefighting forces or agencies in both urban and rural areas, rescuing persons or protecting property, instructing residents regarding fire prevention, providing emergency information to individual citizens about methods of detecting fires and precautions to be observed to reduce fire hazards. This class does not include volunteer firefighters enrolled under and while in the performance of duty under chapter 41.24 RCW.

(6) General includes, but is not limited to, duties which can be performed by persons without permanent specific emergency assignment. These emergency workers may include personnel who are not ordinarily a part of an emergency response organization and who do not have any specific training or qualifications, but whose participation is essential to a specific emergency operation such as conducting sandbagging operations during a flood. These persons may be necessary for training or exercise activities such as serving as disaster casualties. These personnel shall register as temporary emergency workers for the period of time they are participating in emergency activities.

(7) Hazardous materials includes, but is not limited to, hazardous materials incident response duties, such as planning and coordination of response resources conducted in accordance with approved tribal, state, or local emergency operations and hazardous materials plans.

(8) Law enforcement includes, but is not limited to, securing compliance with federal, tribal, state, and local laws, in a manner consistent with chapter 38.52 RCW, and assisting law enforcement officers with administrative and nonenforcement functions for the purpose of relieving commissioned personnel to carry out their enforcement duties.

(9) Mass care includes, but is not limited to, the provision of food, clothing, and lodging in mass care centers for persons whose homes have been destroyed or have been made temporarily uninhabitable by emergency or disaster, evacuation service for other than medical cases, registration and information, health and welfare inquiries, provision of temporary housing, counseling performed by qualified counselors, and other necessary assistance to disaster victims. It includes all duties required by current shelter management guidelines and procedures published in approved tribal, state, or local emergency operations and shelter plans.

(10) Medical includes, but is not limited to, medical and surgical field teams, triage, general emergency and mobile hospitals, nursing service, first aid and ambulance service, sanitation, mortuary and laboratory service, medical-related radiological monitoring, precautionary measures for biological or chemical incidents, identification of sick and injured, and other medical and health services. This class also includes critical incident stress debriefing teams.

(11) Public education includes, but is not limited to, duties involving public education and informational activities necessary to keep the public informed during an emergency or disaster as well as activities designed to prevent persons from becoming lost or injured during wilderness or other outdoor activities.

(12) Radiological includes, but is not limited to, radiological monitoring, gathering and evaluating radiological data, providing technical guidance concerning radiological decontamination operations, reporting, and planning duties that are in accordance with approved tribal, state, or local emergency operations and radiological emergency plans.

(13) Search and rescue includes, but is not limited to, duties involving searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural, human-caused, or technological disaster. These duties include instances involving searches for downed aircraft when ground personnel are used. This class includes urban search and rescue activities.

(14) Supply includes, but is not limited to, procurement, warehousing, staging, sorting, and release of supplies, equipment, and materials required during a mission, emergency, or disaster.

(15) Training includes, but is not limited to, all activities, public and private, relating to the education process and proficiency skill building for the enhancement of emergency preparedness under the concept of comprehensive emergency management, including but not limited to, specific courses, workshops, seminars, exercises, volunteer training activities, which includes the administration, reporting, and maintaining of appropriate records.

(16) Transportation includes, but is not limited to, the planning, organizing, maintaining, operating, and coordinating available means of transportation for the movement of supplies, evacuees, personnel, service animals, livestock, and equipment.

(17) Underwater diving includes, but is not limited to, the duties of underwater diving on any mission or training event. Workers serving in this capacity shall be certified in accordance with recognized national standards and shall provide proof of this certification to the tribal or local authorized official prior to conducting the task assigned.

(18) Utilities includes, but is not limited to, assisting utility personnel in the repair of water, gas, electric, telephone, telegraph, steam, sewer, and other utility facilities.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-100, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-100, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-100, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-120 Classes and qualifications of search and rescue emergency workers.

There are three classes of search and rescue emergency workers: Novice, support personnel, and field personnel. The basic qualifications listed below define each of the three classes. Tribal or local requirements may include more extensive and detailed qualifications to meet tribal or local needs. Authorized officials also may require search and rescue emergency workers to demonstrate proficiency in the skills required to carry out their assignments.

Emergency workers who are not qualified for specific search and rescue duties shall not be assigned to such duties unless specifically directed by an authorized official and then only when under the direct supervision and control of personnel who are qualified for that specific assignment.

(1) The following are basic qualifications for novice search and rescue emergency workers without specific duties including those personnel in a training status. Novice personnel shall:

(a) Be physically and mentally fit for the position assigned.

(b) Possess sufficient knowledge of search and rescue skills and techniques to fulfill their emergency assignment.

(2) The following are basic qualifications for support search and rescue emergency workers. Support-qualified personnel shall:

(a) Be physically and mentally fit for the position assigned.

(b) Possess knowledge of the skills required of field search and rescue emergency workers but are not required to have the field tested experience nor the physical capabilities of field-qualified personnel.

(c) Possess knowledge in first aid for the control of bleeding, cardiopulmonary resuscitation, bone immobilization, protection from the elements, and protection from exposure to bloodborne pathogens.

(d) Possess basic knowledge of helicopter operations. Successful completion of a helicopter operations basic course approved by the emergency management division satisfies this requirement.

(e) If duties require involvement in helicopter operations, possess demonstrated knowledge and proficiency in helicopter operations. Successful completion of a helicopter operations intermediate and, as applicable, advanced course, approved by the emergency management division satisfies this requirement.

(3) The following are basic qualifications for field search and rescue emergency workers. Field-qualified personnel shall:

(a) Be physically and mentally fit for the position assigned.

(b) Possess knowledge of and demonstrated proficiency in survival techniques and outdoor living.

(c) Possess knowledge in first aid for the control of bleeding, cardiopulmonary resuscitation, bone immobilization, protection from the elements, and protection from exposure to bloodborne pathogens.

(d) Possess knowledge in wilderness navigation including map, compass, and other navigation methods as appropriate.

(e) Possess basic knowledge of helicopter operations. Successful completion of a helicopter operations basic course approved by the emergency management division will satisfy this requirement.

(f) Possess knowledge of search and rescue techniques.

(g) Possess knowledge of crime scene recognition, evidence recognition, human remains recognition and the provisions of RCW 68.50.010, 68.50.020, and 68.50.050.

(h) If duties require involvement in helicopter operations, possess demonstrated knowledge and proficiency in helicopter operations. Successful completion of a helicopter operations intermediate, and, as applicable, advanced course approved by the emergency management division, satisfies this requirement.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-120, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-120, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-120, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-160 Establishment of state standards.

When appropriate, and with input from tribal and local emergency management and law enforcement agencies as well as volunteer organizations, state standards may be established for classes of individual emergency workers and for search and rescue specialties. Upon establishment of a state standard, training programs within the state shall, at a minimum, comply with that standard.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-160, filed 11/26/25, effective 12/27/25
• WSR 93-23-005 (Order 93-08), § 118-04-160, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-180 Responsibilities of authorized officials registering and using emergency workers.

(1) Authorized officials registering emergency workers have the responsibility to ensure those emergency workers meet basic qualifications as stated in these rules. Authorized officials organizing and using emergency workers are responsible for assembling the proper combination of emergency workers with the skills and abilities to accomplish the mission being undertaken. It is acknowledged that authorized officials must use judgment and experience in assessing the scene and the requirements for the mission. Authorized officials shall ensure each team has, among its members, the skills and expertise necessary to safely accomplish the mission.

(2) Tribal or local requirements may include more extensive and detailed criteria than are specified in this rule to meet tribal or local needs. Authorized officials also may require emergency workers to demonstrate proficiency in the skills required to carry out their assignments.

(3) Authorized officials shall ensure that all emergency workers are aware of their duty to comply with the personal responsibilities contained in WAC 118-04-200. This shall be accomplished at the time of registration and should be reemphasized to the emergency worker at periodic intervals.

(4) The state recognizes that many situations to which emergency workers are asked to respond are inherently hazardous. It is incumbent upon authorized officials utilizing emergency workers to ensure that the workers are not needlessly endangered in mission activities or training events.

(a) Authorized officials utilizing emergency workers for actual missions or during training events or evidence search activities shall not place emergency workers nor shall they allow emergency workers to be placed in unnecessarily hazardous situations.

(b) All prudent and reasonable safety procedures, techniques, equipment, and expertise shall be used to ensure the safety of emergency workers at all times while going to, preparing for, performing, recovering from, and returning from, missions or training events.

(5) In accordance with RCW 38.52.030(3), 38.52.070(1), and 38.52.400(1), the incident command system shall be used for all multiagency/multijurisdiction operations.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-180, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-180, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-180, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-200 Personal responsibilities of emergency workers.

(1) Emergency workers shall be responsible to certify to the authorized officials registering them and using their services that they are aware of and will comply with all applicable responsibilities and requirements set forth in these rules.

(a) Emergency workers have the responsibility to notify the on-scene authorized official if they have been using any medical prescription or other drug that has the potential to render them impaired, unfit, or unable to carry out their emergency assignment.

(b) Participation by emergency workers in any mission, training event, or other authorized activity while under the influence of or while using narcotics or any illegal controlled substance is prohibited.

(c) Participation by emergency workers in any mission, training event, or other authorized activity while under the influence of alcohol is prohibited.

(d) Emergency workers participating in any mission, training event, or other authorized activity shall possess a valid operator's license, when required, if they are assigned to operate vehicles, vessels, or aircraft during the mission unless specifically directed otherwise by an authorized official in accordance with RCW 38.52.180. All emergency workers driving vehicles to or from a mission must possess a valid driver's license and required insurance.

(e) Use of private vehicles, vessels, boats, or aircraft by emergency workers in any mission, training event, or other authorized activity without liability insurance required by chapter 46.29 RCW is prohibited unless specifically directed otherwise by an authorized official in accordance with RCW 38.52.180.

(f) Emergency workers shall adhere to all applicable traffic regulations during any mission, training event, or other authorized activity. This provision does not apply to individuals who have completed the emergency vehicle operator course or the emergency vehicle accident prevention course and who are duly authorized under state law to use special driving skills and equipment and who do so at the direction of an authorized official.

(2) Emergency workers have the responsibility to comply with all other requirements as determined by the authorized official using their services.

(3) When reporting to the scene, emergency workers have the responsibility to inform the on-scene authorized official whether they are mentally and physically fit for their assigned duties. Emergency workers reporting as not fit for currently assigned duties may request a less demanding assignment that is appropriate to their current capabilities.

(4) Emergency workers have the responsibility to check in with the appropriate on-scene official and to complete all required recordkeeping and reporting.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-200, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-200, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-200, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-220 Emergency worker duty status.

Emergency workers are considered to be on duty when they are performing their duties during a mission, evidence search mission, or training event authorized by the emergency management division and they are under the direction and control of an authorized official.

In no event shall a public agency, other than an authorized organization as defined in these rules, use the services, including for training, of an emergency worker unless the agency has received the prior approval of the emergency management division director. Emergency management division approval shall set forth the time and purpose of the activity and the proposed use of the emergency worker.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 01-02-053, § 118-04-220, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-220, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-240 Mission numbers—Requests and requirements.

(1) The emergency management division shall assign a mission number to approved missions or other emergency activities. The tribal or local authorized official shall notify emergency management division as soon as practical of all missions or other emergency activities under their jurisdiction and request the assignment of a mission number.

(2) The mission number assigned shall be a reference for the dispatch of resources to assist in the mission, recordkeeping, and reimbursement of any emergency worker compensation claims filed in connection with that mission.

(3) If additional resources from a different jurisdiction are needed to respond to a properly authorized mission, the tribal or local authorized official should make the request through the emergency management division duty officer.

(4) Requests from jurisdictions outside the state of Washington for the assistance of Washington state emergency workers should be properly coordinated through the requesting state, province or nation and the emergency management division duty officer. Compensation under chapter 38.52 RCW will only be available to individuals responding to missions outside of the state of Washington when the emergency management division duty officer has assigned a mission number, is coordinating the mission with the requesting nation, state, or province, and where an interstate mutual aid or similar agreement governs the mission or the requesting jurisdiction is a federally recognized tribe as defined in RCW 43.376.010.

(5) Upon notification by an authorized official to report to duty at a specific time and place, emergency workers are entitled to the benefits and provisions under chapter 38.52 RCW when acting in compliance with such notification and these rules. Eligibility for compensation shall be limited to the time and distance necessary to travel to the duty station, performance of services, and reasonable time to return to the point of origin.

(6) Mission numbers shall not be applied for or assigned, nor shall compensation be provided for activities which directly involve the search for, apprehension of, detention, or arrest of suspects or persons in the act of committing or having committed a crime.

(7) Emergency worker daily activity report, Form EMD-078 or the equivalent, shall be used as a part of the administrative record for each mission.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-240, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-240, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-240, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-260 Evidence search mission numbers—Requests and requirements.

(1) The purpose of this section is to provide additional training opportunities for emergency workers. Since the skills and techniques used to search for evidence relating to criminal activity are substantially the same as those used in the search for clues relating to lost or injured persons, search and rescue emergency workers can receive training benefit by participating in such evidence searches.

(2) An evidence search mission number shall be issued by the emergency management division for the utilization of emergency workers to search for evidence when the provisions of this section have been complied with.

(a) The requesting law enforcement agency shall send a hardcopy message requesting the evidence search mission number via facsimile, the law enforcement teletype system (ACCESS, address code OLYEM), or by other suitable means to the emergency management division.

(b) The hard copy message shall include the following items:

(i) Jurisdiction and law enforcement agency requesting the evidence search mission number.

(ii) Name of the officer in charge on-scene and call-back telephone number.

(iii) Description of specific location of the evidence search.

(iv) The approximate number of emergency workers being utilized and a list of participating units.

(v) A statement of the activity to be undertaken and training benefits to be derived by the emergency workers participating in the mission.

(vi) A statement certifying that the emergency workers will be utilized within the scope of their normal emergency worker assignment.

(vii) A statement certifying, verbatim, that: "This activity does not involve the search for, apprehension of, detention, or arrest of suspects or persons in the act of committing or who have committed a crime."

(3) After the hard copy is sent via facsimile, ACCESS, or other suitable means, the tribal or local authorized official shall call the emergency management division duty officer and coordinate the details of the mission.

(4) Upon receipt of the hard copy information, the request shall be reviewed to determine if the mission is in compliance with this section. Upon approval, an evidence search mission number shall be assigned.

(5) Emergency worker daily activity report, Form EMD-078 or equivalent, shall be used as a part of the administrative record for each evidence search mission.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-260, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-260, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-260, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-280 Training event numbers—Requests and requirements.

(1) Jurisdictions may request a training event number for individual training events or for a series of routine, recurring, training activities such as monthly training meetings or for an established training program such as a search and rescue academy.

(2) A request for a training event number for the purpose of developing, maintaining, or upgrading emergency worker skills for all types of emergency management activities shall be forwarded in writing using Form EMD-079, training mission request or equivalent, for approval by the emergency management division.

(a) All requests for training event numbers shall be signed by the tribal or local emergency management agency director or designee of the jurisdiction where the organization sponsoring the training activity is located.

(b) The Form EMD-079, training mission request or equivalent, shall be forwarded to the emergency management division so as to arrive 10 working days prior to the scheduled date of the training activity.

(c) For training events that come to the attention of the tribal or local emergency management agency director less than 10 working days prior to the scheduled date of the training activity, approval may be requested from the emergency management division by facsimile, telephone, or other method. Such requests shall be considered by the emergency management division on a case-by-case basis.

(3) All training shall conform to tribal or local comprehensive emergency management plans. The request for training event number shall cite those portions of the plans, annexes, appendices, and tabs which specifically address the activities for which emergency workers are being trained. Training activities planned for an area outside the jurisdiction of the requesting agency should be coordinated with the tribal or local emergency management agency in the jurisdiction where the training will take place.

(4) A training course curriculum, plan of instruction, or course outline shall accompany the training event approval request. If that particular curriculum, plan of instruction, or course outline will be used as a standard, recurring course of instruction, then the requesting tribal or local emergency management agency may number and title that curriculum, plan of instruction, or outline, keep it on file with the state, and refer to that number and title when requesting a training event approval for the same training in the future. Training event number requests for a series of training activities also shall include a schedule with proposed subjects, dates, times and locations.

(5) Upon approval of the training event, the emergency management division shall issue a training event number. The training event number assigned shall provide a reference for the federal, tribal, state, or local organization taking part in the training activity. Administrative records and reimbursement of eligible emergency worker compensation claims, filed as a result of activities on a training event shall include the training event number.

(6) The training event number issued is for the specified training activity or series of training activities at the specified date(s), time(s), and location(s). Any significant change in the training activity, location, date or time shall be reported to the emergency management division as soon as possible. The tribal or local authorized official may approve reasonable changes to the proposed schedule.

(7) If additional organizations other than those originally listed on Form EMD-079 request to participate in the training event and are approved by the sponsoring emergency management agency director, they shall provide appropriate information (the organization's name and address, names of participating personnel and emergency worker registration numbers) to the sponsoring tribal or local emergency management agency director for inclusion in the training event report prior to submittal to the emergency management division.

(8) Upon notification that the emergency management division has issued a training event number for a training event at a specific date, time, and place, emergency workers will be eligible for benefits and compensation under the provisions of chapter 38.52 RCW when acting in compliance with the notification and these rules.

(9) Compensation will be limited to medical services, property loss or damage, and liability under chapter 38.52 RCW during the time necessary to travel to the training site, performance of the training activity, and reasonable time to return to the point of origin.

(10) Authorized officials shall ensure that emergency workers participating in a training event or exercise are not placed in unnecessarily hazardous situations.

(11) Authorized officials shall ensure that emergency workers have successfully completed applicable helicopter operations training course(s), approved by emergency management division, prior to being transported by aircraft during a training event.

(12) Emergency worker daily activity report, Form EMD-078 or equivalent, shall be used as a part of the administrative record for each training event. When a series of training activities is covered by a single training event number, separate emergency worker daily activity reports, Form EMD-078, or equivalent, shall be used for each activity.

(13) Training event numbers shall not be assigned for any activities which involve the search for, apprehension of, detention, or arrest of suspects or persons in the act of committing or having committed a crime.

(14) Training event numbers shall not be assigned for training activities which involve the use of aircraft of any type without specific, prior approval of the emergency management division. The state shall not assume any liability for any accidents or incidents resulting from the unauthorized use of aircraft.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-280, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-280, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-280, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-300 Compensation eligibility and compensation board.

(1) Compensation shall be authorized when emergency worker eligibility has been established and all appropriate regulations and statutes are complied with.

(2) Emergency workers are eligible for compensation when they are participating in a mission, evidence search mission, or training event authorized by the emergency management division and are under the direction and control of an authorized official.

(3) No eligibility or protection offered under chapter 38.52 RCW will replace other tribal or state mandated insurance coverage required for vehicles, vessels, boats, or aircraft except as specified in RCW 38.52.180.

(4) The emergency management division director may deny any claim under the amount set by statute requiring a compensation board on the basis of inadequate documentation, failure to follow prescribed reporting procedures, or when lack of compliance with these rules is sufficient to raise doubt as to the circumstances, extent of injury, damage, loss, or expense related to the claim. For claims over the amount set by statute, the provisions of RCW 38.52.240 shall apply.

(5) A compensation board shall be convened for claims over the amount set by statute (RCW 38.52.220).

(6) Compensation board hearing, procedural records, and claim preparations are the responsibility of the tribal or local emergency management agency director in the jurisdiction in which loss or injury occurred (RCW 38.52.210).

(7) Department of labor and industries workers' compensation forms shall not be used, nor shall medical expenses claims be submitted to the department of labor and industries for a claim made pursuant to chapter 38.52 RCW.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-300, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-300, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-300, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-320 Eligibility requirements and procedures for filing personal injury claims.

(1) The injured person shall have been a registered emergency worker, activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and shall have reported to or been in the process of reporting to the authorized on-scene official.

(2) The emergency management division shall provide forms for personal injury claims (Form EMD-084, medical expenses claim), parts of which must be completed by the tribal or local emergency management agency, the claimant, and the attending physician. This form shall be submitted with documentation to the tribal or local emergency management agency.

(3) For missions occurring outside an injured person's jurisdiction of residence, the claimant may file the claim with the tribal or local agency in the jurisdiction of residence, provided that the tribal or local emergency management agency director in the injured person's jurisdiction of residence coordinates the claim with the tribal or local emergency management agency director in the jurisdiction where the mission occurred.

(4) In the event of injury to an emergency worker, the responsible agency's on-scene authorized official shall be notified as soon as possible.

(5) The on-scene authorized official shall advise the tribal or local emergency management agency director of any injuries, as soon as possible, and shall provide appropriate and timely documentation. The tribal or local emergency management agency director shall notify the emergency management division of any injuries as soon as possible. The emergency management division shall assist the tribal or local emergency management agency director in processing claims.

(6) Labor and industries workers' compensation forms shall not be used, nor shall medical expense claims be submitted to the department of labor and industries for a claim made pursuant to chapter 38.52 RCW.

(7) Documentation shall include any reports, mission logs, ambulance and hospital bills, receipts, medical reports, or other information helpful in describing the extent of the injury, the circumstances under which the injury occurred, and the costs that were incurred as a result of the injury.

(8) The injury, disability, or death shall not have been caused by the willful misconduct, gross negligence, or bad faith of the claimant.

(9) Compensation for injury, disability, death, and related claims shall be adjusted and paid in accordance with department of labor and industries workers' compensation schedules.

(10) For claims in excess of the amount set by RCW 38.52.220, a compensation board shall convene to review the claim under RCW 38.52.210, 38.52.220, 38.52.230, 38.52.240, and 38.52.250.

(a) The tribal or local emergency management agency shall notify the emergency management division of any pending claim in excess of the amount set by statute.

(b) The claimant shall be notified of date, time, and place of the compensation board hearing by the tribal or local emergency management agency director by personal service or registered mail.

(c) The compensation board established under chapter 38.52 RCW may request that the claimant appear before the board.

(d) The tribal or local emergency management agency director shall transmit the findings and recommendations of the compensation board to the emergency management division for disposition.

(11) In accordance with RCW 51.28.050, no claim for injury shall be valid unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued except as provided in RCW 51.28.055.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-320, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-320, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-320, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-340 Eligibility requirements and procedures for filing property loss and damage claims.

(1) The person seeking reimbursement shall have been a registered emergency worker, activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and shall have reported to or been in the process of reporting to the authorized on-scene official.

(2) The emergency management division will provide forms (Form EMD-086, property loss or damage claim) for reimbursement of property loss or damage claims as authorized by chapter 38.52 RCW. All claims must include receipts and documentation and be submitted to the tribal or local emergency management agency.

(3) For missions occurring outside the person's jurisdiction of residence, the claimant may file the claim with the jurisdiction of residence, provided that the tribal or local emergency management agency director in the jurisdiction of residence coordinates the claim with the tribal or local emergency management agency director in the jurisdiction where the mission occurred.

(4) The original of the claim shall be sent to the department of general administration, division of risk management, who will register the claim and forward it to the emergency management division. The claimant should send a copy of the claim to the emergency management division.

(5) In the event of property loss or damage, the on-scene authorized official shall be notified as soon as possible.

(6) The on-scene authorized official shall advise the tribal or local emergency management agency director of any significant property loss or damage and shall provide appropriate and timely documentation. The tribal or local emergency management agency director shall notify the emergency management division of any significant property loss or damage. The emergency management division shall assist the tribal or local emergency management agency director in processing claims.

(7) Loss or damage shall not have been caused by the willful misconduct, gross negligence, or bad faith of the claimant.

(8) Only property that is deemed necessary and reasonable for the mission activity shall be considered for compensation, if lost or damaged.

(9) Loss or damage to personal property caused by normal wear and tear, mechanical or electrical breakdown, or any inconvenience consequent to such loss or damage that was not the result of the mission activity shall not be eligible for compensation.

(10) Compensation for the loss or theft of property left unsecured or for damage which could have been prevented through reasonable care may be denied.

(11) Animals such as dogs and horses, used in an official capacity on missions are considered personal property. Claims for the injury or loss of animals during either an authorized training event or mission shall be submitted on the property loss or damage claim form (Form EMD-086). Evaluation of the claim shall consider, at a minimum, replacement cost of the animal, special training required, and other costs for preparing the animal for the mission or duty.

(12) For claims in excess of the amount set by RCW 38.52.220, a compensation board shall meet to review the claim under RCW 38.52.210, 38.52.220, 38.52.230, 38.52.240, and 38.52.250.

(a) The tribal or local emergency management agency director shall notify the emergency management division of any pending claim in excess of the amount set by statute.

(b) The claimant shall be notified of the date, time, and place of the compensation board hearing by the tribal or local emergency management agency director by personal service or registered mail.

(c) The compensation board established under chapter 38.52 RCW may request that the claimant appear before the board.

(d) The tribal or local emergency management agency director shall transmit the findings and recommendations of the compensation board to the emergency management division for disposition.

(13) As provided in RCW 4.16.080, claims for property damage or loss shall be filed within three years after the date of the occurrence.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-340, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-340, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-340, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-360 Eligibility requirements and procedures for filing fuel, toll, and ferry expense reimbursement claims.

(1) The person seeking reimbursement shall have been a registered emergency worker, activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and shall have reported to or been in the process of reporting to the authorized on-scene official. For individuals representing a volunteer organization, the organization must be a tribally or locally recognized emergency worker volunteer organization activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and a responsible unit official shall have reported to the authorized on-scene official.

(2) The emergency management division will provide forms (Form EMD-036, fuel, toll & ferry reimbursable expenses claim) for reimbursement of fuel, toll, and ferry expenses as authorized by chapter 38.52 RCW. All claims must include receipts and documentation and be submitted through the tribal or local emergency management agency to the emergency management division.

(3) For claims arising outside of the person's jurisdiction of residence, the claimant may file the claim with the jurisdiction of residence, provided that the tribal or local emergency management agency director in the jurisdiction of residence coordinates the claim with the tribal or local emergency management agency director in the jurisdiction where the mission occurred.

(4) Fuel, toll, and ferry reimbursable expense claims shall be considered for both individual emergency workers and for emergency workers representing volunteer organizations when missions:

(a) Occur outside a participating emergency worker's/volunteer organization's tribe or county of residence; or

(b) In which an emergency worker/volunteer organization has participated for more than 24 hours; or

(c) Occurring within an emergency worker's/volunteer organization's tribe or county of residence and lasting less than 24 hours, when:

(i) The mission required an emergency worker/volunteer organization to drive a vehicle more than 50 miles one-way; or

(ii) Authorized officials required an emergency workers/volunteer organization to drive a vehicle more than 100 miles during the course of the mission.

(5) Fuel, toll, and ferry expenses resulting from training events shall not be eligible for reimbursement.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-360, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-360, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-360, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-380 Eligibility requirements and procedures for filing extraordinary expense claims.

(1) Tribal or local authorized officials may submit extraordinary expense claims on behalf of emergency workers if the expenses were necessary to directly support emergency worker activity under an emergency management division mission number and the expenses represent extraordinary, expendable obligations such as feeding or lodging of emergency workers.

(2) Individual emergency workers submitting claims shall have been a registered emergency worker, activated by an authorized official for an authorized activity under the provisions of chapter 38.52 RCW, and shall have reported to or been in the process of reporting to the authorized on-scene official.

(3) The emergency management division shall provide forms (Form EMD-089, extraordinary expense claim) for use by tribal or local authorized officials and emergency workers for reimbursement of extraordinary expenses for missions as authorized by chapter 38.52 RCW. All claims must include receipts and documentation and be submitted through the tribal or local emergency management agency to the emergency management division.

(4) All lodging and feeding claims shall be paid in accordance with current state per diem rates.

(5) Extraordinary expenses resulting from training events shall not be eligible for reimbursement.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-380, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-380, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-380, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-400 After action reporting.

(1) The emergency management division shall provide forms for use by tribal or local emergency management agency directors in providing after action information. After action reports shall be filed for:

(a) Search and rescue missions (Form EMD-077, search and rescue mission data sheet). The required information includes data on the subject, location of incident, response, weather conditions, results, subject behavior, and resources used.

(b) Training events. The required information includes data on the training activities conducted, resources used, problems noted, corrective actions assigned, and other information of a training nature. Form EMD-105L, incident report data sheet may be used.

(c) Other missions, including evidence search missions (Form EMD-105L, incident report data sheet). The required information includes location and other data on the incident, response, weather conditions, results, and resources used.

(2) All mission, evidence search mission, and training event after action reports shall include information from the participating emergency workers, including individual daily activity reports (EMD-078, or equivalent), other reports, rosters, mission event and communications logs, lost person information forms, training event logs, plans of instruction, instructor lists, and any other information that may be helpful in a descriptive reconstruction of the mission or training event.

(3) The tribal or local emergency management agency director shall forward all mission, evidence search mission, and training event after action reports to the emergency management division within 20 working days from the termination or suspension of the activity.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 25-24-049, s 118-04-400, filed 11/26/25, effective 12/27/25
• WSR 01-02-053, § 118-04-400, filed 12/28/00, effective 1/28/01
• WSR 93-23-005 (Order 93-08), § 118-04-400, filed 11/4/93, effective 12/5/93.

Wash. Admin. Code § 118-04-420 Severability.

If any provision of this chapter is held invalid, the remainder of the rule is not affected.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 93-23-005 (Order 93-08), § 118-04-420, filed 11/4/93, effective 12/5/93.

Chapter 118-09 Criteria for eligibility and allocation of emergency management assistance funds.

Wash. Admin. Code § 118-09-010 Purpose.

The purpose of this chapter is to establish eligibility and allocation criteria to be applied by the director in allocating emergency management assistance (EMA) funds to emergency management organizations (EMOs). The EMA funds are to supplement and enhance, not supplant, existing EMO dedicated emergency management budgeted funding. EMA funds will be used to both sustain and enhance emergency management capabilities of an EMO.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-010, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 38.52.160. WSR 84-01-022 (Order 118-09), § 118-09-010, filed 12/9/83. Formerly WAC 118-10-010.

Wash. Admin. Code § 118-09-020 Definitions.

(1) "Advisory group" means a group comprised of local, tribal, and state emergency management professionals that shall advise the director.

(2) "Comprehensive emergency management plan (CEMP)" means a current, verified emergency plan as required by chapter 118-30 WAC.

(3) "Director" means the director of the emergency management division (EMD) of the Washington state military department.

(4) "Emergency management functions" means the governmental function that coordinates and integrates activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual emergencies or disasters whether natural, technological, acts of terrorism, or other human caused.

(5) "Emergency management organization (EMO)" means the local organization for emergency management established pursuant to RCW 38.52.070(1). EMO also means organizations established by a federally recognized Indian tribe located within the boundaries of the state of Washington that perform emergency management functions as part of that tribe.

(6) "Emergency operations center (EOC)" means the central location or facility responsible for coordinating multijurisdictional or multidisciplinary response activities related to an emergency or disaster, and may also be referred to by other names such as an emergency coordination center (ECC).

(7) "Emergency" or "disaster" means an event or set of circumstances which:

(a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

(b) Reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010.

(8) "Emergency management assistance funds" or "EMA funds" means:

(a) Emergency Management Performance Grant (EMPG) funds administered by the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.;

(b) Any successor/supplemental federal emergency management assistance funds available for allocation to EMOs to both sustain and enhance emergency management capabilities statewide; and

(c) State funds provided to the department by the legislature solely for the purposes of allocation under this chapter to EMOs for both sustaining and enhancing emergency management capabilities statewide.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-020, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 38.52.160. WSR 84-01-022 (Order 118-09), § 118-09-020, filed 12/9/83. Formerly WAC 118-10-020.

Wash. Admin. Code § 118-09-030 Eligibility criteria.

An EMO is eligible to receive EMA funds if the following criteria is met by the EMO prior to the beginning of the application period for which the EMA funds are sought:

(1) Have a current CEMP, or schedule for plan development or maintenance, verified by the director.

(2) Have at least a half-time employee whose job duties are specifically dedicated to performing emergency management functions.

(3) Have a designated emergency management agency, department, division, or office established with a dedicated budget to perform emergency management functions.

(4) Have adopted an ordinance, code, or resolution establishing the EMO. Additionally, an EMO that consists of two or more political subdivisions (cities/towns) shall have an executed interlocal agreement establishing the multijurisdictional EMO.

(5) Hire and appoint personnel in accordance with applicable employment laws, rules, regulations, and policies.

(6) Comply with all federal and state emergency management program requirements.

(7) Demonstrate that EMA funds will only be used to both sustain and enhance the EMO's existing emergency management program and capabilities.

(8) Demonstrate that EMA funds will not be used to supplant or replace EMO existing dedicated emergency management budgeted funding.

(9) Meet all applicable matching fund requirements for receipt of EMA funding.

(10) If an EMO fails to meet each of the criteria in subsections (1) through (9) of this section, the director may withhold from the EMO any EMA funds for the balance of the funding period and future funding cycles to the extent the director determines will encourage sustained and enhanced statewide emergency management functions consistent with federal and state emergency management program requirements.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-030, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 38.52.160. WSR 84-01-022 (Order 118-09), § 118-09-030, filed 12/9/83. Formerly WAC 118-10-030.

Wash. Admin. Code § 118-09-040 Allocation of funds.

EMA funds shall be allocated to eligible EMOs as prescribed in this section.

(1) EMPG funds and successor/supplemental federal emergency management assistance funds: EMPG and successor/supplemental federal emergency management assistance funds shall be allocated to eligible EMOs on a per capita basis modified by the allocation methodology set forth in this subsection. Per capita determinations for county and city EMOs shall be based on the official population estimates annually established by the Washington state office of financial management (OFM) under RCW 43.62.020. Per capita determinations for tribal EMOs shall be based on the population estimates established by the OFM Small Area Estimates Program for tribal areas.

(a) EMD is to retain the federally authorized percentage of these funds for Management and Administration (M&A). From the remaining amount, the director shall determine the amount of funding available for EMD operational costs and allocation to EMOs in consultation with the advisory group.

(b) The process for determining allocations to EMOs is a two-step process. First, the amount of funding allocated to least populated counties is to be determined in accordance with this subsection. Second, the amount of funding allocated for the least populated counties is to be subtracted from the total amount of funding available for allocation to EMOs. The remainder is the amount of funding available for allocation to the remaining counties, cities in those counties and to tribes, which will be allocated on a per capita basis.

(c) Minimum amount that will be awarded. Under the allocation methodology set forth in this subsection:

(i) No county or city EMO will receive an award of these funds unless it qualifies for an award of at least ten thousand dollars;

(ii) No county or city EMO will receive an award of these funds unless it can provide a fifty percent match of at least ten thousand dollars; and

(iii) No city located in a least populated county will receive an award of these funds.

These limitations do not apply to tribal EMOs.

(d) Allocation methodology. The amount of funding available to EMOs will be allocated to least populated counties as follows:

(i) Special consideration is to be given to least populated counties due to the diverse population range of counties in the state. These counties would not benefit from a per capita allocation. Except as provided in (d)(iv) of this subsection, least populated counties are those counties that will not receive at least eighteen thousand dollars in funding using a per capita allocation.

(ii) Least populated counties shall receive an allocation of EMPG and successor/supplemental federal funding in an amount to be determined by the director consistent with this subsection. These counties meeting eligibility requirements need assurance of a reliable level of such funding, with the target amount of funding being at least eighteen thousand dollars. The intent is for the award amount combined with the fifty percent match requirement to allow for employment of a half-time dedicated emergency management professional.

(iii) The amount selected for allocation to least populated counties beyond the target amount is to be commensurate with the amount of these funds available for statewide county and city EMO funding, except as limited by (d)(v) of this subsection. For example, if the amount of these funds available for allocation to county and city EMOs increases, allocations to the least populated counties will be proportionately increased, except as limited by (d)(v) of this subsection.

(iv) If the amount selected for allocation to least populated counties is greater than eighteen thousand dollars, that amount shall be used for determining what counties are designated as a least populated county for purposes of this subsection.

(v) These counties shall not receive awards greater than counties that do not fall into this category.

(vi) To preserve the minimal amount of funding available to these counties, cities located within these counties shall not be allocated EMPG or successor/supplemental federal funds. These cities shall collaborate with their county to sustain and improve emergency management programs and capabilities.

(e) Match requirements:

(i) The EMO shall meet all matching fund requirements associated with receipt of the funds only through a hard, dollar-for-dollar, match from a dedicated EMO emergency management budgeted fund;

(ii) The match shall not include any funds otherwise prohibited for such use by federal funding requirements; and

(iii) If an EMO is unable to meet the matching fund requirements, its award will be reduced to the amount it is able to meet, but no award shall be made to a county or city EMO unless it can provide a fifty percent match of at least ten thousand dollars.

(iv) Examples:

(A) If an EMO allocation is eighteen thousand dollars but only a match of eleven thousand dollars can be met, the award will be reduced to eleven thousand dollars.

(B) If a county or city EMO allocation is eighteen thousand dollars but a match of only nine thousand five hundred dollars can be met, the award will be zero.

(f) Phase-in of funding methodology: During each of the first three years following the effective date of this rule, application of this allocation methodology shall create no more than a thirty-three percent incremental change each year from the federal fiscal year 2012 EMPG allocation until fully implemented in the third year, at which time this subsection shall cease to apply. The 2012 allocation is to be used as the base year for purposes of the phase-in calculations. EMOs that received one-time funding increases in 2012 will have their implementation base reduced by that amount for purposes of calculating the thirty-three percent incremental change each year.

(2) Other EMA funding: To the extent consistent with state law establishing, authorizing, and appropriating state funds available for allocation to EMOs for both sustaining and enhancing emergency management capabilities statewide, such funds shall be allocated by applying the methodology in subsection (1) of this section, as applicable.

(3) Unspent funding: Any allocated EMA funds not expended by, or accepted by, an EMO shall be reallocated among remaining eligible EMOs as the director determines will best sustain and enhance statewide emergency management capabilities.

(4) Review: The EMPG allocation methodology shall be reviewed at least every five years.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-040, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 38.52.160. WSR 84-01-022 (Order 118-09), § 118-09-040, filed 12/9/83.

Wash. Admin. Code § 118-09-050 Appeal and review.

(1) Appeal: An EMO may appeal to the director to reconsider eligibility determinations and the amount of EMA funds allocated if it believes the determination is inconsistent with the criteria. Such appeal must be made in writing setting forth the specific reasons for the appeal and be received by the director within fifteen calendar days following receipt by the EMO of notification of the EMA fund allocation.

(2) Review and response: The director shall respond to the EMO in writing within fifteen calendar days of receipt of the written appeal. The director's response shall uphold or modify the eligibility determination or allocation for EMA funds and describe the reasons for the decision. The decision of the director shall be final.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-050, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 38.52.160. WSR 84-01-022 (Order 118-09), § 118-09-050, filed 12/9/83.

Wash. Admin. Code § 118-09-060 Advisory group.

The director shall consult with the advisory group on the following:

(1) Activities that will both sustain and enhance statewide emergency management capabilities for purposes of reallocating EMA funds;

(2) Potential changes to the percentage of EMA funds EMD retains for M&A costs and operational costs;

(3) Potential changes to the percentage of EMA funds available to pass through to EMOs;

(4) The amount of EMA funding available for allocation for least populated counties and additional funding for tribal EMOs;

(5) Review of the allocation methodology at least every five years; and

(6) Other related issues at the request of the director.

History

• Statutory Authority: RCW 38.52.005. WSR 14-09-027, § 118-09-060, filed 4/9/14, effective 5/10/14.

Chapter 118-11 State disaster individual assistance program.

Wash. Admin. Code § 118-11-010 Authority.

The authority for this chapter is RCW 38.52.030(9), which authorizes the director of the Washington military department, emergency management division, to prepare and administer a state program for emergency assistance to individuals within the state who are victims of a natural, technological, or human-caused disaster.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-010, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-020 Purpose and intent.

The purpose of this chapter is to establish eligibility, activation, funding, and programmatic criteria for a Washington state disaster individual assistance (IA) program. The state IA program is designed to provide supplemental state assistance for disaster survivors. Assistance to businesses damaged, destroyed, or otherwise closed due to a disaster or for individuals to replace lost wages caused by a disaster are ineligible for the IA program. Funding is issued through reimbursements to eligible county or tribal governments for most aspects of the state IA program. Assistance is provided from the eligible county or tribal government directly to the eligible individuals, with support provided as needed by the Washington military department, emergency management division. The extended sheltering assistance and disaster case management programs are issued in the form of grants to eligible county or tribal governments.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-020, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-030 Definitions.

The definitions in this section apply throughout this title unless the context clearly requires otherwise.

(1) "Applicant" means an individual applying to the state IA program. An applicant may apply for a disaster survivor on the survivor's behalf.

(2) "Department" means Washington military department, emergency management division.

(3) "Destroyed" means a residence that is a total loss per FEMA PDA guidance.

(4) "Disaster" means an event or set of circumstances which:

(a) Demands immediate action to preserve public health, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

(b) Reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010.

(5) "FEMA" means the Federal Emergency Management Agency, the lead federal agency in responding to and recovering from disasters across the United States.

(6) "Functional" means a residence that is fit for standard use by its occupants for the purposes of performing activities of daily living.

(7) "Habitable" means a residence that is safe, sanitary, functional, and presents no disaster-caused hazards to the occupants.

(8) "Home" or "residence" means the physical location of the damaged primary residence caused by a disaster.

(9) "Home repair assistance" means financial assistance for repairs to make a residence habitable and may include repairs to the structure, utilities, or privately owned access routes.

(10) "Home replacement assistance" means financial assistance to help replace a primary residence when the residence has been destroyed by a disaster. Home replacement assistance is only provided to restore an applicant's living conditions to a safe, functional, and accessible state.

(11) "Household" means all persons who lived in a residence before a disaster.

(12) "Inaccessible" means a residence in which damage to the structure cannot be visually inspected or verified because of disaster-related loss of access.

(13) "Incident period" means the duration of time during which sustained and concentrated disaster impacts occurred.

(14) "Major damage" means a residence with structural damage or other significant damage that requires extensive repairs per FEMA PDA guidance.

(15) "Primary residence" means the residence where the survivor normally lives during the major portion of the calendar year, or the residence that is required because of proximity to employment, including agricultural activities that provide 50 percent or more of the household's income.

(16) "Proof of residency" means any document establishing that a survivor is a resident of a county or tribal nation that has declared a state of emergency. Proof of residency, which must be dated within one year prior to the disaster or within the period of assistance, may include, but is not limited to, the following documents:

(a) Bills (utility, financial documents, other);

(b) Employer documents (pay stubs or similar);

(c) Lease/housing agreement/mortgage statement or rent receipts;

(d) Identification card;

(e) Client record from a social service organization;

(f) School registration;

(g) Federal or state benefit record;

(h) Motor vehicle registration; and

(i) Official legal documents, including subpoenas and other court orders.

(17) "Recipient" means a survivor found eligible to receive state IA program grants.

(18) "Rental assistance" means financial assistance to rent temporary housing accommodations while a survivor is displaced from a primary residence.

(19) "State IA program" means the Washington state individual assistance program, authorized under RCW 38.52.030(9) and administered by the Washington military department, emergency management division (WA EMD).

(20) "Survivor" means a person who has been displaced from their residence or otherwise affected by a declared disaster event. The survivor is the recipient of the state IA program funds when determined eligible through the application process.

(21) "Tribal/tribe/tribal government/nation" means a federally recognized Indian tribe in Washington state.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-030, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-040 Funding.

Amounts awarded under the state IA program are limited to allocations made available to the Washington military department, emergency management division, for the Washington state disaster individual assistance program each state fiscal year.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-040, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-050 Program activation criteria.

(1) The state of Washington will activate the state IA program in the event all the following criteria are met:

(a) A county or tribal government declaration or state of emergency has been issued;

(b) The governor has issued an emergency proclamation with language directing, ordering, and authorizing the director of the Washington military department, emergency management division, to initiate the state IA program in the impacted jurisdiction(s);

(c) A joint damage assessment confirms a minimum of 25 primary homes in the area of greatest impact sustained damages categorized as "major" or "destroyed" according to the FEMA damage assessment criteria. This threshold can be met by considering the cumulative impact of multiple counties and tribal governments, if necessary;

(d) A county or tribal government has requested joint damage assessments directly to the state within 14 calendar days after the end of the incident period, as determined by the department; and

(e) A county commissioner, tribal government executive, or authorized designee has requested state IA program activation. The department will start accepting applications after the director of the Washington military department signs the activation request.

(2) Three scenarios are possible to initiate the state IA program in a jurisdiction.

(a) Scenario 1: Washington state has received no federal assistance.

(i) Cumulatively, more than 25 homes have "major" or "destroyed" damage categories across multiple counties or tribal lands;

(ii) Voluntary organizations active in disaster are supporting disaster survivors;

(iii) The state's request for a U.S. Small Business Administration (SBA) disaster declaration has been denied or the state has not met the threshold to apply for SBA assistance; and

(iv) The state IA program is activated to support eligible disaster survivors.

(b) Scenario 2: Washington state has received only SBA assistance and the disaster does not warrant a Presidential Major Disaster Declaration authorizing FEMA's Individuals and Households Program or the state's request for FEMA IA was denied.

(i) At least 25 homes have "major" or "destroyed" damage categories in one county or tribal land;

(ii) Voluntary organizations active in disaster are supporting disaster survivors;

(iii) The state IA program is activated to support eligible disaster survivors through the Household Needs Grant;

(iv) The state's request for an SBA disaster declaration has been approved; and

(v) The state IA program is activated to support eligible disaster survivors. Disaster survivors must first apply to the SBA for a disaster loan except to access the household needs grant and extended sheltering assistance state IA programs.

(c) Scenario 3: Washington state has received both an SBA disaster declaration and a Presidential Major Disaster Declaration authorizing FEMA's Individuals and Households Program.

(i) At least 25 homes have "major" or "destroyed" damage categories in one county or tribal land. In this scenario, the damage profile will likely greatly exceed 25 homes with "major" or "destroyed" damage categories to warrant both FEMA and SBA assistance;

(ii) Voluntary organizations active in disaster are supporting disaster survivors;

(iii) The state's request for a Presidential Major Disaster Declaration authorizing FEMA's Individuals and Households Program has been approved;

(iv) The state's request for an SBA disaster declaration has been approved; and

(v) The state IA program is activated to support eligible disaster survivors and address any remaining disaster-caused unmet needs not covered by federal assistance or any other means.

(3) Multicounty impacted areas are allowable to reach the minimum 25 primary home threshold. The area of greatest impact will be determined by the Washington state emergency management division and derived from National Weather Service reports and county, tribal, or state government official damage assessments or reports.

(4) The incident period is determined by the department and may be adjusted with good cause. The incident start and end date may include, but is not limited to, National Weather Service warnings, level 3 "go now!" evacuation level notices, and the impacted jurisdiction's community lifeline status, including safety and security, food, hydration, shelter, health and medical, energy, communications, transportation, hazardous materials, and water systems.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-050, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-060 Application process.

(1) Applications. Applications for state IA program funds may be accepted in the following ways:

(a) In person (disaster recovery center, disaster loan outreach center, multiagency resource center, etc.);

(b) By phone (call center/disaster assistance hotline);

(c) Online; or

(d) U.S. mail/paper (then entered by staff into the online system).

(2) Application reviews. Two types of application reviews are possible under the state IA program to approve or deny applications: Initial review and advanced review.

(a) Initial review. Occurs upon receipt of the application and represents the standard decision process for most applications. Initial review is performed by a local or tribal government disaster case worker and the county or tribal government designated IA officer.

(b) Advanced review. Intended to support decisions for complex applications or those needing additional review. Advanced review is performed by the state IA branch director and the state coordinating officer.

(3) Application period.

(a) The application period deadline is 60 calendar days from the date of the initial public notice.

(b) The department may accept late applications beyond the original application deadline.

(c) The application period for late applications shall be 30 days after the initial deadline. The department reserves the option to further extend the late application period for good cause.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-060, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-070 Disaster types eligible for assistance.

Disaster types eligible for assistance are identified in the Washington state enhanced hazard mitigation plan.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-070, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-080 Types of assistance.

(1) The award amounts and maximum awards for each program category are defined annually by the Washington military department and outlined in the department's state IA program administrative plan. Maximum awards for the housing assistance and household needs assistance programs align with FEMA's Individuals and Households Program maximum awards, determined annually by the federal government. The categories of programs offered under the Washington state disaster individual assistance program include the following:

(a) Housing assistance;

(b) Rental assistance;

(c) Home repair assistance;

(d) Home replacement assistance.

(2) Household needs grant. Award based on household size and verified damage categories "destroyed" or "major."

(3) Household needs assistance.

(a) Medical/dental assistance;

(b) Funeral assistance;

(c) Childcare assistance;

(d) Transportation assistance (repair or replace);

(e) Other, based on needs.

(4) Special programs.

(a) Extended sheltering assistance (ESA);

(b) Disaster case management (DCM).

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-080, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-090 Survivor and local or tribal government responsibilities.

(1) Declared counties or tribal governments must have a signed opt-in grant agreement with the state in place prior to activation. A completed state IA grant agreement between the impacted jurisdiction and the Washington military department with incident-specific information will be finalized at program activation.

(2) County or tribal governments requesting extended sheltering assistance must have a shelter transition plan in place to receive funding for that program.

(3) Survivors receiving continued rental assistance or extended sheltering assistance must provide evidence of continued displacement and progress on a permanent housing plan.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-090, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-100 Applicant general eligibility.

(1) To be eligible for state IA program assistance, recipients must meet all general eligibility requirements provided in this section in addition to any program-specific requirements.

(2) To apply for the state IA program, the applicant or survivor must:

(a) Be a resident of a county or tribal nation that has declared a state of emergency.

(b) If insured against the peril under, without limitation, a flood, homeowners, vehicle, mobile home, or health insurance policy, show proof of insurance and any claim settlement information related to the disaster-caused needs.

(c) Present evidence of damages that are attributed to the declared disaster including, but not limited to, proof that the primary residence was destroyed, sustained major damage, or is rendered inaccessible. Such proof may include the following without limitation:

(i) Evidence that essential living areas in the residence have sustained major damage;

(ii) Evidence that essential living areas in the residence have been destroyed and pose serious health or safety hazards; or

(iii) Evidence that the survivor is displaced due to the home being rendered inaccessible.

(d) Provide proof of disaster assistance received from any other entity for this event (to avoid duplication of benefits), such as receipt of assistance from the department of social and health services' disaster cash assistance program.

(e) Have a household income equal to or less than 80 percent of the Housing and Urban Development (HUD) area median household income for the calendar year prior to the disaster, based on the number of persons in the household. HUD's area median income may include the county or nearest metropolitan statistical area (MSA) if it benefits the applicant.

(f) Apply for SBA assistance, if available. An application for SBA assistance is not required for household needs grant or extended sheltering assistance.

(i) Applicants who refuse an SBA loan if approved are ineligible for state IA program assistance.

(ii) If an SBA loan is approved and accepted by an applicant, an applicant may still be eligible for supplemental assistance provided by the state IA program.

(iii) State IA program assistance will only be provided to restore an applicant's living conditions to a safe, functional, and accessible state.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-100, filed 8/27/24, effective 9/27/24.

Wash. Admin. Code § 118-11-110 Appeals and reconsiderations.

Impacted jurisdictions that have entered into a state IA program grant agreement with the department must allow survivors applying for assistance an opportunity to appeal and allow for reconsideration of application denials as provided in this section.

(1) Number of appeals. In cases where the application has been denied by the county or tribal disaster case worker, survivors may appeal determinations twice.

(2) Deadline to appeal. All deadlines provided in this subsection may be extended by the county or tribal IA appeal officer or by the department for good cause.

(a) First appeal: A survivor must be provided 30 calendar days from the date on the survivor's notification letter to appeal. The survivor's appeal must be postmarked on a physical submission or date-marked on an electronic submission.

(b) Second appeal: If the first appeal is denied, the survivor must be provided an additional 30 calendar days from the date on the appeal denial notification letter to submit a second appeal.

(3) Appeal review process. The declared county or tribal government must designate a person to serve as the county or tribal IA appeal officer. All deadlines provided in this subsection may be extended by the county or tribal IA appeal officer or by the department for good cause.

(a) First appeal: The county or tribal IA appeal officer shall review the appeal and eligibility, make a recommendation, and send the recommendation to the department IA program staff for review and approval. The department must issue a decision granting or denying the appeal within 30 calendar days from date of receipt from the appeal officer.

(b) Second appeal: The county or tribal government must send the second appeal package to the department IA program staff. Department IA program staff will review the second appeal and send the package with a recommendation to the state coordinating officer for final determination. The department must issue a decision granting or denying the appeal within 30 calendar days from date of receipt from the appeal officer.

(4) Reconsiderations.

(a) In cases where a survivor was approved for assistance but needs additional assistance and has not yet reached a maximum award for the program category under review, the survivor may submit a reconsideration request up to the maximum award for that program category if the survivor can provide documentation demonstrating the need for additional assistance.

(b) To process a reconsideration, the local or tribal government disaster case worker reviews the package to determine if the survivor is eligible for additional assistance and works with the survivor to ensure that all necessary documentation is included in the package.

(c) If the survivor meets all general eligibility and program-specific requirements, the case worker then submits the package, confirming all eligibility requirements have been met, to the designated county or tribal IA appeals officer for final determination. If the survivor does not meet all general eligibility and program specific requirements, a determination letter is sent to the survivor by the county or tribal IA appeals officer, detailing which requirements were not met resulting in the ineligibility determination.

History

• Statutory Authority: RCW 38.52.030(9) and 38.52.050. WSR 24-18-046, § 118-11-110, filed 8/27/24, effective 9/27/24.

Chapter 118-30 Local emergency management organizations, plans, and programs.

Wash. Admin. Code § 118-30-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 38.52.070.

History

• Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-010, filed 7/22/86.

Wash. Admin. Code § 118-30-020 Purpose.

The purpose of this chapter is to establish criteria for existing local emergency management organizations, plans, and programs, and to evaluate new local emergency management organizations, plans, and programs to ensure consistency with the state comprehensive emergency management plan and program.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-020, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-020, filed 7/22/86.

Wash. Admin. Code § 118-30-030 Definitions.

As used in this chapter:

(1) Emergency management will hereinafter refer to emergency management organizations.

(2) Director means the adjutant general of the Washington military department. The adjutant general delegates this authority to the Washington emergency management division director.

(3) Council means the Washington state emergency management council as established by RCW 38.52.040.

(4) Political subdivision means a county or incorporated city or town.

(5) Executive head(s) means:

(a) In the case of an incorporated city or town, the mayor or city manager.

(b) In the case of a county, either the county executive or the chair of the board of county commissioners or county council.

(c) In the case of a joint emergency management organization, the chair of the joint emergency management council.

(6) Emergency management organizations means the local government organization established by either a political subdivision or two or more political subdivisions for the purpose of carrying out local emergency management functions.

(7) Ordinance means a law established by the legislative body of a city, town, or county.

(8) Resolution means an expression of policy established by the legislative body of a city, town, or county.

(9) Governing document means an interlocal agreement (ILA) or other legal agreement entered into by the members of a joint emergency management organization governing its affairs.

(10) Comprehensive emergency management plan, hereinafter referred to as the plan, means a written base plan with elements addressing all reasonably foreseeable natural, human-caused, and technological emergencies and disasters to which a political subdivision is vulnerable. The plan specifies the purpose, organization, responsibilities, and facilities of agencies and officials of the political subdivision in the mitigation of, preparation for, response to, and recovery from emergencies and disasters.

(11) Hazard analysis means a written assessment and listing of the reasonably foreseeable natural, human-caused, and technological emergencies and disasters to which a political subdivision is vulnerable.

(12) Director of a local emergency management organization, hereinafter referred to as local director, means the head of the emergency management organization appointed by and directly responsible to the executive head of the political subdivision or joint emergency management organization and/or local officials with emergency management authority.

(13) Emergency management program means a system that provides for management and coordination of prevention, protection, mitigation, response, and recovery activities for all hazards. The system encompasses all organizations, agencies, departments, and individuals having responsibilities for these activities.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-030, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-030, filed 7/22/86.

Wash. Admin. Code § 118-30-040 Establishing an emergency management organization.

(1) Each political subdivision must establish an emergency management organization by ordinance or resolution passed by the legislative body of the political subdivision.

(2) Each political subdivision shall develop, promulgate, and submit a comprehensive emergency management plan to the director or their designee.

(3) Two or more political subdivisions may establish a joint emergency management organization by ordinance or resolution approving a governing document for the joint emergency management organization. Political subdivisions that have joined together to form a joint emergency management organization must submit a single plan to the director or their designee.

(4) Each new political subdivision or joint organization shall submit a copy of the ordinance(s) or resolution(s) establishing its emergency management organization or joint emergency management organization, and governing document if applicable, to the director for review and recommendations.

(5) Such ordinance or resolution, and governing document if applicable, shall create and constitute an approved emergency management organization for the purposes of RCW 38.52.195(2) and 38.52.260(2). Use of emergency workers is governed by chapter 118-04 WAC.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-040, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-040, filed 7/22/86.

Wash. Admin. Code § 118-30-050 Contents of emergency management ordinances, resolutions, and governing documents.

(1) The ordinance or resolution establishing an emergency management organization, and the governing document establishing a joint emergency management organization if applicable, shall contain the following elements:

(a) How costs of supporting the emergency management organization will be shared between or among the constituent political subdivisions.

(b) A requirement that the emergency management organization or joint emergency management organization be headed by a local director of emergency management appointed by the political subdivision(s) or as set forth in the governing document.

(c) The local director of emergency management shall be appointed by the joint action of the executive heads of the constituent political subdivisions or in a manner stipulated in the governing document of the joint emergency management organization. The local director of emergency management shall be directly responsible to the executive head of the constituent political subdivision(s) or to the governing body of the joint emergency management organization as established by the executive heads of the constituent political subdivisions.

(d) Specification of responsibility for the organization, administration, and operation of the emergency management organization or joint emergency management organization.

(2) Nothing in this code shall prevent one or more political subdivisions from contracting with another subdivision for emergency management activities under the provisions of chapter 39.34 RCW, the Interlocal Cooperation Act.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-050, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-050, filed 7/22/86.

Wash. Admin. Code § 118-30-060 Comprehensive emergency management plan.

(1) Each emergency management organization or joint emergency management organization shall create, promulgate, and maintain a current plan which shall be based on a hazard analysis or equivalent and, at a minimum, include a basic document with the following elements:

(a) Mission or purpose - Provides a description of why the plan is established, citation of the authorizing or enabling federal, state, and local statute(s) or ordinance(s), and an explanation of the situations and assumptions on which the plan is based.

(b) Organization and responsibilities - Provides a definition of the emergency responsibilities of each primary agency and local officials with emergency management authority involved in the plan, and a brief explanation of the chain of command and organizational relationship among such agencies.

(c) Concept of operations - Provides a general explanation of how the plan is to be implemented and how the plan's general functions are to be performed.

(d) Administration, finance, and logistics - Provides an outline of the utilization of resources in response and recovery actions, including records retention and documentation, and defines how such actions will be financed.

(e) Direction and control - Provides a description of the location (physical or virtual) of emergency operations and/or coordination centers, and the mechanisms for maintaining continuity of civil government within the political subdivision.

(2) The plan should also include, either in the plan itself or in an annex or appendix, a functional description of how each of the following operational components will be addressed:

(a) Direction, control, and coordination;

(b) Continuity of government;

(c) Emergency resource management (requests, procurement, and tracking);

(d) Alerts and warnings;

(e) External affairs and/or public information;

(f) Response and recovery operations;

(g) Evacuation and shelter-in-place;

(h) Sheltering and temporary housing;

(i) Human resources;

(j) Mass care and emergency assistance;

(k) Public health, medical, and mortuary services;

(l) Communications;

(m) Agricultural resources;

(n) Transportation;

(o) Oil and hazardous materials response (including radiological);

(p) Public safety, law enforcement, and security;

(q) Firefighting;

(r) Public works and engineering;

(s) Search and rescue;

(t) Nongovernmental organizations, including faith-based and nonprofit agencies;

(u) Development and maintenance;

(v) Emergency fiscal procedures;

(w) Training and exercise;

(x) Energy and utilities;

(y) Debris management.

(3) The plan shall reference or include the following items:

(a) A list of local ordinances or resolutions granting authority to establish: The emergency management organization, mutual aid agreements, memoranda of understanding, and other documents important to the adoption or implementation of the plan. These may be referenced in the plan or included in the plan's appendices.

(b) The month and year of the most recent revision shall be identified on each page of the plan and its associated procedures and checklists.

(c) Each page of the plan shall be numbered.

(4) The plan shall be promulgated by letter signed by the current executive head and included in or attached to the plan.

(5) The plan shall be updated at least once every five calendar years, and reviewed and amended as needed following exercises and activations.

(6) No less than once every five calendar years, the operational capabilities of the emergency management organization and plan shall be tested by an emergency operations exercise or by an actual emergency operations and/or coordination center activation.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-060, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-060, filed 7/22/86.

Wash. Admin. Code § 118-30-080 Review periods and procedures for organizations and plans.

(1) The director or their designee shall review and evaluate plans and other documents submitted by a local emergency management organization within the following time periods:

(a) Ordinances/resolutions shall be reviewed within 30 working days of submittal to verify that a political subdivision has adopted a resolution creating or identifying an emergency management program as required for the emergency management performance grant, and a resolution adopting the national incident management system.

(b) All other submittals of plans and updates shall be reviewed and appropriate feedback or response shall be provided within 45 working days of submittal.

(2) The director or their designee(s) shall review and evaluate documents for consistency with criteria established in this chapter and by state and federal guidance for local plans, annexes, revisions, and ordinances or resolutions creating emergency management organizations.

(3) If the director determines that any document is in nonconformance, they shall notify the local director of the emergency management organization or joint organization submitting the document. The director shall state in writing the reasons for determining that the document does not conform.

(4) The emergency management organization or joint organization and the political subdivision(s) it represents shall have 90 working days following the date of issuance of the director's notice of nonconformance to:

(a) Change the document to meet state criteria and resubmit it to the state for reconsideration; or

(b) Schedule a meeting with the director to be held within the 90 working day period to resolve differences between the emergency management organization and the director.

(5) If, following such a meeting, the director's determinations regarding the document are still averse to the emergency management organization or the political subdivision(s) it represents, the local director of the submitting emergency management organization may file a written appeal with the chairperson of the state emergency management council within 15 working days of receipt of the director's written notification or expiration of the 90 working day period following the issuance of the director's initial notice of nonconformance. Such an appeal shall state in writing emergency management the organization's reasons for appealing the director's determination and shall have appended to the appeal statement a copy of each of the following:

• The document(s) in question.

• The director's initial and any subsequent notice of nonconformance.

• Any other letters, documents, meetings minutes, etc., that may impact the matter being appealed.

(6) The emergency management council shall have 30 working days from receipt of the local director's appeal to schedule a hearing to and issue notices of the hearing to all parties. The hearing shall be set for as soon as practical for all the parties, but not later than 90 working days after the emergency management council receives the notice of appeal.

(a) In hearing the appeal, the council may consider any information supplied by the director, the emergency management organization, or the political subdivisions it represents, or any other party it wishes to allow to make a presentation. The hearing shall be an administrative law hearing.

(b) Within 10 working days following the conclusion of the hearing, the council shall issue a written decision sustaining the director's determination, overturning the director's determination, or amending the director's determination.

(7) The emergency management organization shall not be held in nonconformance until the appeal process is complete.

History

• Statutory Authority: RCW 38.52.070. WSR 25-08-011, s 118-30-080, filed 3/20/25, effective 4/20/25. Statutory Authority: Chapter 38.52 RCW. WSR 86-15-068 (Order 86-10), § 118-30-080, filed 7/22/86.

Chapter 118-40 Hazardous chemical emergency response planning and community right-to-know reporting.

Wash. Admin. Code § 118-40-010 Introduction.

On October 17, 1986, the Superfund Amendments and Reauthorization Act of 1986 (SARA) was signed into law (P.L. 99-499). One part of the SARA provisions is Title III: "The Emergency Planning and Community Right-to-Know Act of 1986" hereafter referred to as "EPCRA." EPCRA establishes requirements for federal, state, and local governments, and industry regarding emergency response planning and community right-to-know on hazardous chemicals.

The emergency planning provisions of EPCRA (Sections 301-305) are designed to develop state and local government hazardous chemical emergency preparedness and response capabilities through better coordination and planning, especially at the local level.

Other community right-to-know provisions of EPCRA require the owners and/or operators of facilities to provide information about the nature, quantity, and location of reportable chemicals manufactured, processed, stored, or used at their facility sites. The purpose of these provisions is to increase public knowledge of the presence of hazardous chemicals in communities and to better prepare for potential emergencies.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-010, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-010, filed 9/12/88.

Wash. Admin. Code § 118-40-020 Purpose and scope.

It is the purpose of this chapter to implement the provisions of EPCRA in the state of Washington to establish a mechanism for compliance by state and local governmental agencies and industry. This chapter is promulgated under the general policy and rule-making authority of the military department as established by RCW 38.52.030(2); 38.52.050 (1) and (3); and 43.63A.060.

Compliance with the requirements of EPCRA, as recognized by the United States Environmental Protection Agency, is regarded as compliance with the provisions of this chapter. Where federal regulations are duplicated or referred to in this chapter, EPCRA citations are provided. This chapter is not intended to mandate any new compliance requirements beyond those required by EPCRA.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-020, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-020, filed 9/12/88.

Wash. Admin. Code § 118-40-030 Definitions.

"Administrator" means the administrator of the Environmental Protection Agency (EPA).

"CERCLA" means the Comprehensive Emergency Response, Compensation and Liability Act of 1980, as adopted.

"EMC" means the emergency management council for Washington state. (RCW 38.52.040(1).)

"Environment" includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.

"EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986 as adopted, which is synonymous with SARA Title III.

"Extremely hazardous substances" means a substance described in Section 302 (a)(2) of EPCRA as now authorized or hereafter adopted.

"Facility" means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with such person). For the purpose of Section 304, EPCRA, the term includes motor vehicles, rolling stock and aircraft, shipping, and pipelines.

"First responder" means firefighters, law enforcement and emergency medical personnel as defined in chapter 296-62 WAC, Part P.

"Hazardous chemical" means any chemical which is a physical hazard or a health hazard as defined by OSHA Hazard Communication Standard (29 C.F.R. 1910.1200). Exceptions to the definition of "hazardous chemical" in EPCRA and in 29 C.F.R. 1910.1200 shall also apply in this chapter.

"Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed individuals. The term health hazard includes chemicals which are carcinogens, toxic or highly toxic agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membrane.

"LEPC" means the local emergency planning committee established for each state emergency planning district established by the state emergency response commission (P.L. 99-499).

"Material safety data sheet (MSDS)" means the sheet required to be developed under Section 1910.1200(g) of Title 29 C.F.R., as that section may be adopted from time to time.

"NRT-1 guidebook" means the Hazardous Materials Emergency Planning Guide published by the National Response Team, March 1987.

"NRT-1A guidelines" means the criteria for review of hazardous materials emergency plans.

"OSHA" means Occupational Safety and Health Act of 1970.

"Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of state, or interstate body.

"Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, or organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.

"Release" means any spill, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing to the environment of any hazardous chemical, extremely hazardous substance, or toxic chemical.

"SARA" means the Superfund Amendments and Reauthorization Act of 1986, as adopted.

"SERC" means the state emergency response commission for Washington state. (RCW 38.52.040(2) and P.L. 99-499.)

"TERC" means tribal emergency response commission.

"Title III" means Title III of the Superfund Amendments and Reauthorization Act of 1986; also titled the Emergency Planning and Community Right-to-Know Act of 1986, as amended.

"Toxic chemical" means a substance described in Section 313(c) of EPCRA, as now authorized or hereafter adopted.

"WISHA" means Washington Industrial Safety and Health Act of 1973.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-030, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-030, filed 9/12/88.

Wash. Admin. Code § 118-40-040 State emergency response commission—Establishment, membership, chairperson.

(1) In keeping with the provisions of Section 301(a) of EPCRA the EMC appoints the state emergency response commission membership composed of a representative from the following agencies and organizations:

(a) Military department.

(b) Department of ecology.

(c) Washington state patrol.

(d) Department of transportation.

(e) Department of health.

(f) Department of labor and industries.

(g) Local emergency manager.

(h) Washington state association of fire chiefs.

(i) Private industry.

(j) Local emergency planning committee (eastern Washington representative).

(k) Local emergency planning committee (western Washington representative).

(l) Transportation industry.

(2) The chairperson and vice chairperson for the state emergency response commission members shall be appointed by the emergency management council.

(3) The state emergency response commission shall seek the attendance and active participation of representatives of the following agencies and organizations at all commission meetings:

(a) Tribal Emergency Response Commission(s).

(b) Federal Emergency Management Agency.

(c) Environmental Protection Agency.

(d) U.S. Department of Transportation.

(e) Washington state attorney general.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-040, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-040, filed 9/12/88.

Wash. Admin. Code § 118-40-050 Commission—Purpose, responsibilities.

The purpose of the state emergency response commission is to coordinate hazardous material issues and carry out the mandate of EPCRA (P.L. 99-499), as now authorized or hereafter adopted.

The state emergency response commission shall be responsible for the establishment of a state hazardous materials emergency preparedness, response, and community right-to-know program as required by EPCRA. Specific responsibilities of the commission include, but are not limited to the following duties:

(1) Appointment of such ad hoc committees and working groups as required.

(2) Designation of local emergency planning districts.

(3) Receive and record initial appointment of and subsequent revisions to local emergency planning committee membership.

(4) Review and evaluation of local emergency response plans.

(5) Administer and coordinate responsibilities for representative state emergency response commission members for implementing the EPCRA program in Washington state.

(6) Establishment of procedures for the receipt of, management and access to all notifications, reports, plans and all other information required by EPCRA.

(7) Coordination with the Environmental Protection Agency on EPCRA implementation.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-050, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-050, filed 9/12/88.

Wash. Admin. Code § 118-40-060 Military department—EPCRA responsibilities.

Specific responsibilities of the military department include, but are not limited to, the following duties:

(1) Receive and record verbal emergency toxic chemical release reports through the twenty-four-hour duty officer system and make appropriate notifications. Track and maintain records of such notifications.

(2) Develop emergency planning guidance and provide assistance to LEPCs in the development of an emergency response plan for their district.

(3) Coordinate the review of each LEPC emergency plan as it is submitted.

(4) Serve as repository agency for LEPC emergency response plans.

(5) Set up community EPCRA education and training program addressing mitigation, emergency preparedness, disaster response, and long-term disaster recovery.

(6) Provide adequate staff support for the state emergency response commission to develop agendas, prepare minutes, coordinate meeting places, draft policy letters, and carry out other support functions as needed.

(7) Prepare and respond to correspondence for signature by the chairperson of the state emergency response commission.

(8) Receive and coordinate the distribution of correspondence, information, and written reports to offices of representative state emergency response commission agencies and organizations, TERC's and LEPC's, as well as other governmental and nongovernmental agencies when appropriate or as requested.

(9) Develop, apply for and administer training, exercise, and planning grants, as authorized and provided under Section 305 of EPCRA.

(10) Provide nonfirst responder training and maintain related records for the state hazardous materials training, exercise, and planning programs as authorized and funded through Section 305 of EPCRA.

(a) Training may be attended by emergency first responders, including firefighters, law enforcement, environmental, and emergency medical personnel. Other constituencies to be trained include federal, state, and local governmental employees who may directly or indirectly involve themselves in a hazardous materials incident. Such personnel may include health officials, public works personnel, elected officials, emergency and city managers, and personnel employed by private industry.

(b) Emergency training programs for nonfirst responders shall be designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emergencies and responsibilities associated with hazardous materials and EPCRA.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-060, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-060, filed 9/12/88.

Wash. Admin. Code § 118-40-070 Department of ecology—EPCRA responsibilities.

Specific responsibilities of the department of ecology include, but are not limited to, the following duties:

(1) Serve as advisor to the commission on emergency spill response and environmental restoration issues.

(2) Serve as advisor for emergency responder equipment and training needs at the state and local levels.

(3) Serve as advisor for on-scene spill response and environmental needs at the state and local levels.

(4) Serve as advisor to the commission on community right-to-know issues.

(5) As required under subsection 301(a) of EPCRA, coordinate development, implementation, and maintenance of an EPCRA Community Right-to-Know Program which may include, but is not limited to:

(a) Data management of reports and notifications submitted by businesses. Such reports and notifications shall be retained for a minimum of three years.

(b) Technical assistance to businesses regarding compliance with EPCRA.

(c) Accessing and communicating information to the public.

(d) Outreach to businesses and the public about EPCRA.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-070, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-070, filed 9/12/88.

Wash. Admin. Code § 118-40-080 Washington state patrol—EPCRA responsibilities.

Specific responsibilities of the Washington state patrol include, but are not limited to, the following duties:

(1) Serve as advisor to the state emergency response commission on emergency response and coordination of on-scene activities on state and interstate highways and other areas where it has been designated incident command agency.

(2) Provide first responder training and maintain related records for state hazardous materials training as authorized through Section 305 of EPCRA.

(a) Training may be attended by emergency first responders, including firefighters, law enforcement, environmental, and emergency medical personnel. Other constituencies to be trained include federal, state, and local governmental employees who may directly or indirectly involve themselves in a hazardous materials incident. Such personnel may include health officials, public works personnel, elected officials, emergency and city managers, and personnel employed by private industry.

(b) Emergency training programs for first responders shall be designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emergencies and responsibilities associated with hazardous materials and EPCRA.

(3) Serve as advisor for emergency responder equipment and training needs at the state and local levels.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-080, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-080, filed 9/12/88.

Wash. Admin. Code § 118-40-150 Emergency planning districts—Designation.

(1) The chief elected official of the local emergency planning district shall appoint the local emergency planning committee.

(2) Cities and towns that do not have active emergency management organizations as required by chapter 38.52 RCW are considered part of the county planning district in which they are located for the purposes of EPCRA emergency response planning.

(3) Any town, city or political jurisdiction identified in RCW 38.52.070 may petition the state emergency response commission to be designated as a local emergency planning district. Prior to the approval of such designation the proposed local emergency planning district must have selected the membership of the proposed local emergency planning committee and be in full compliance with the requirements of EPCRA.

(4) Any local emergency planning district and the respective local emergency planning committee existing prior to the effective date of this rule change shall be recognized.

(5) An existing local emergency planning district may petition the state emergency response commission to dissolve its independent status and either join the jurisdiction of the county in which it is included or join with an adjacent local emergency planning committee.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-150, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-150, filed 9/12/88.

Wash. Admin. Code § 118-40-160 Local emergency planning committee—Organization, membership.

(1) Each local committee shall include, at a minimum, representation from each of the following groups or types of organizations as specified by Section 301(c) of EPCRA:

(a) State and local officials.

(b) Law enforcement.

(c) Emergency management.

(d) Firefighting.

(e) First aid.

(f) Health profession.

(g) Local environmental.

(h) Hospital.

(i) Transportation personnel.

(j) Broadcast and print media.

(k) Community groups.

(l) Owners and operators of facilities subject to the requirements of Section 302(b) of EPCRA.

(2) Each local emergency planning committee shall appoint a chairperson and establish rules by which the committee shall operate.

(3) Committee rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee, and distribution of emergency response plans to the general public.

(4) Each local emergency planning committee shall submit annually, to the state emergency response commission, a list of their membership and the organizations they represent.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-160, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-160, filed 9/12/88.

Wash. Admin. Code § 118-40-170 Local emergency planning committee—Responsibilities.

(1) Each local emergency planning committee shall complete the preparation of a hazardous materials emergency response plan. In the development of the plan, as specified by Sections 303 (a), (b), (c) and 324 (a), (b), EPCRA, committee duties include, but are not limited to:

(a) Forming a local planning team.

(b) Designating a team leader.

(c) Evaluating the resources needed to develop, implement, and exercise the emergency plan.

(d) Identifying existing emergency response equipment and personnel.

(e) Conducting a needs assessment of emergency response equipment and personnel requirements.

(f) Providing oversight for preparation of the plan by the local planning team.

(2) Each local committee shall establish procedures for receiving and processing requests from the general public for information under Section 324 (including Tier II information under Section 312) EPCRA. Such procedures shall include the designation of an official to serve as committee coordinator for all information requests.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-170, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-170, filed 9/12/88.

Wash. Admin. Code § 118-40-180 Hazardous material emergency response plan—Content, guidelines, evaluation process.

(1) Each local emergency planning committee shall complete a hazardous materials emergency response plan as required by Section 303 (a), (b), (c), EPCRA.

(2) The local emergency planning committee shall transmit three copies of the completed plan to:

Washington State Emergency Response

Commission

Washington Military Department

Emergency Management Division

(3) At a minimum, the plan shall include the requirements of EPCRA, the standards of the NRT-1 guidelines, and the concepts of the Washington state comprehensive emergency management plan as it is written.

(4) Upon receipt of a local emergency planning committee hazardous material emergency response plan, the state emergency response commission shall:

(a) Send a letter to the local emergency planning committee formally acknowledging the receipt of the plan and informing them of the review process.

(b) Copies of the plan will then be reviewed for comment within ninety days of receipt as required by EPCRA.

(d) Upon completion of this review the state emergency response commission shall, as appropriate, send a letter to the submitting local emergency planning committee acknowledging receipt and providing reviewer's comments as appropriate in meeting the intent of EPCRA.

(5) The local emergency planning committees shall review and update, as appropriate, their plans annually changes to the plan shall be submitted to the state emergency response commission. If there are no changes to the local plan, the local emergency planning committee shall provide written notification to the state emergency response commission within thirty days of the review's completion.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-180, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-180, filed 9/12/88.

Wash. Admin. Code § 118-40-300 EPCRA—Facilities compliance.

The owner or operator of a facility shall meet all of the applicable requirements of EPCRA, or of rules adopted by the administrator to implement EPCRA, as now authorized or hereafter amended, including the planning, notification, reporting, access, and information availability requirements as specified by Sections 301, 302, 303, 304, 311, 312, 313, and 324 of EPCRA.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-300, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-300, filed 9/12/88.

Wash. Admin. Code § 118-40-400 EPCRA—Enforcement, penalties.

Enforcement of all EPCRA provisions and the administration of penalties for violations of the provisions shall be pursuant to Section 325 of EPCRA, as now authorized or hereafter amended.

History

• Statutory Authority: Chapter 38.52 RCW and Public Law 99-499. WSR 98-07-028, § 118-40-400, filed 3/11/98, effective 4/11/98. Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. WSR 88-19-025 (Order 88-05), § 118-40-400, filed 9/12/88.

Chapter 118-66 911 funding.

Wash. Admin. Code § 118-66-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 38.52.540 and 38.52.545.

History

• Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-010, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-020 Purpose and priorities.

(1) These rules define the purposes for which available state 911 account moneys may be expended, consistent with the eligibility requirements, criteria, and priorities of RCW 38.52.540 and 38.52.545.

(2) RCW 38.52.540 authorizes the establishment of a state 911 account in the state treasury to be used only for the following purposes:

(a) To procure, fund, and manage the statewide 911 emergency communications system network; and

(b) To purchase goods and services that support the counties and Washington state patrol public safety answering points in providing 911 baseline level of service statewide; and

(c) To assist the counties and Washington state patrol public safety answering points to provide 911 emergency communications systems and associated administrative, and operational costs; and

(d) To acquire 911 hardware, software, and technology appropriate to support a 911 emergency communications system, 911 emergency communications training, and public education; and

(e) To support the statewide coordination and management of the 911 emergency communications system; and

(f) For modernization needs of the 911 emergency communications system as defined in RCW 38.52.010.

(3) RCW 38.52.545 specifies rules defining the purposes for which available state 911 moneys may be expended in which the state 911 coordinator, with the advice and assistance of the 911 advisory committee, must consider needs necessary to provide a baseline level of service by individual counties and their designated Washington state patrol public safety answering points. Priorities are available for 911 emergency communications system funding are as follows:

(a) To procure, fund, and manage the statewide network and supporting services, and assure that 911 dialing is operational statewide; and

(b) To assist counties and Washington state patrol public safety answering points to provide 911 emergency communications systems and associated administrative and operational costs as necessary to assure they can achieve a baseline level of service for 911 operations; and

(c) To assist counties and their designated Washington state patrol public safety answering points to acquire 911 hardware, software, and technology to support a 911 emergency communications system baseline level of service.

(4) The state 911 coordinator, with the advice and assistance of the 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of 911 services for all counties and to specify by rule the additional purposes for which moneys, if available, may be expended from the state 911 account.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-020, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-020, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-020, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-030 Definitions.

(1) " 911 call(s)" is a generic term referring to any request for public safety assistance, regardless of the media used to make that request. This term may appear in conjunction with specific media, such as "voice call," "video call," "text call," or "data-only call" when the specific media is of importance. The term "noninteractive call" refers to an emergency call that is initiated automatically, carries data, does not establish a two-way interactive media session, and typically does not involve a human at the "initiating" end.

(2) "911 coordinator electronic mobile device" shall mean equipment capable of receiving and delivering text, data, graphics, or other electronic media via a private computer network or the internet.

(3) "911 emergency communications system" has the same meaning as defined in RCW 38.52.010.

(4) "911 information technology services" shall mean the technical support and maintenance of eligible 911 equipment.

(5) "911 mapping administration" shall mean personnel, hardware, and software necessary to create and maintain geographical information system (GIS) data necessary for geospatial routing, location, interpretation, and to display the data on a PSAP call answering position.

(6) "911management information system (MIS)" shall mean equipment that collects, stores, and collates 911 call information into reports and statistics.

(7) "911 network" also referred to as the next generation 911 emergency services internet protocol network. This network shall meet the service level standards adopted by the state 911 coordination office.

(8) "911 public education coordination" shall mean the development and delivery of 911 public education.

(9) "911 training coordination" shall mean the development and delivery of a 911 call receiver training program.

(10) "Advisory committee" shall mean the 911 advisory committee as established by RCW 38.52.530.

(11) "Alternate routing" shall mean the capability of routing 911 calls to a designated alternate location(s) if all 911 connections are busy, unavailable, or out of service. May be activated upon request or automatically, if detectable, when 911 equipment fails or the PSAP itself is unavailable. This includes default routing which is a predetermined routing path coordinated between a carrier and a PSAP.

(12) "Automatic location identification (ALI)" has the same meaning as defined in RCW 38.52.010.

(13) "Automatic location identification (ALI) database service" shall mean the set of records residing on computer systems and the associated process, procedures, and programs used to create, store, and update the data for presentation to the public safety telecommunicator when a customer accesses the 911 emergency communications system.

(14) "Baseline level of 911 service" has the same meaning as defined in RCW 38.52.010.

(15) "Call handling equipment (CHE)" shall mean equipment and/or systems utilized by the PSAP to receive and process 911 communications. Sometimes this is referred to as customer premise equipment (CPE).

(16) "Computer aided dispatch (CAD)" shall mean equipment capable of receiving and disseminating detailed information related to call taking and dispatching.

(17) "Coordinator professional development (CPD)" shall mean a defined group of support elements provided to all counties and Washington state patrol.

(18) "Eligible entities" shall mean the counties and Washington state patrol determined to be eligible for reimbursement of costs for a specified item.

(19) "Emergency services communication system" has the same meaning as defined in RCW 38.52.010 and 82.14B.020.

(20) "Geographical information system (GIS)" shall mean an integrated system of hardware and software for capturing, managing, analyzing, and displaying geographically referenced information.

(21) "Language interpreter services" shall mean language translation services for 911 calls.

(22) "Location" shall mean a civic location or geodetic location that contains enough detail for accurately routing a call to a PSAP serving the location.

(23) "Logging recorder" shall mean a device that is capable of time stamping, recording, and replaying 911 voice and data.

(24) "Mapping display" shall mean equipment capable of displaying 911 call locations on a map.

(25) "Next generation 911 emergency communications system" has the same meaning as defined in RCW 38.52.010 and 82.14B.020.

(26) "Next generation 911 demarcation point" has the same meaning as defined in RCW 38.52.010.

(27) "Place of primary use" has the same meaning as defined in RCW 38.52.010 and 82.14B.020.

(28) "Public safety answering point (PSAP)" has the same meaning as defined in RCW 38.52.010.

(29) "Radio communications service company (RCSC)" has the same meaning as defined in RCW 38.52.010 and 82.14B.020.

(30) "Statewide services" shall mean services which benefit all counties and the Washington state patrol and does not require local 911 excise tax revenue to be used prior to state reimbursement. Some are paid directly by the state 911 office and some are reimbursed through county contracts.

(31) "Telecommunications provider" has the same meaning as defined in RCW 38.52.010.

(32) "Telecommunications services priority (TSP)" shall mean a service that assigns a priority to telecommunications lines for service restoration.

(33) "Teletype (TTY)" shall mean a telecommunications device that permits typed telephone conversations with or between deaf, hard of hearing, or speech impaired people with a machine at their location.

(34) "Traffic studies" shall mean 911 call studies performed by a telecommunications provider.

(35) "Uninterruptible power supply (UPS)" shall mean a system designed to provide power, without delay or electrical transients, during a period when the normal power supply is incapable of performing acceptably and before generator or other auxiliary power is made available.

(36) "Voice over internet protocol (VoIP) service" shall mean as defined by the Federal Communications Commission (FCC) in 47 C.F.R. Sec. 9.3.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-030, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-030, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-030, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-040 County eligibility for funding.

(1) As required by RCW 38.52.510, each county must provide funding for the 911 emergency communications system in the county in an amount equal to the amount the maximum taxes under RCW 82.14B.030(1) would generate in the county or the amount necessary to provide full funding of the system in the county.

(2) A county in the state of Washington may be eligible to receive available funds from the state 911 account for certain eligible 911 emergency communications system expenses as described in this chapter only if the county has imposed the maximum county 911 tax allowed under RCW 82.14B.030 (1) and (2).

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-040, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-040, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-040, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-042 Radio communications service company (RCSC) agreements.

The state 911 coordinator is authorized to enter into statewide agreements to improve the efficiency of 911 emergency communications system for all counties, and may do so through execution of statewide agreements with RCSC(s).

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-042, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-042, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-045 Washington state patrol (WSP) eligible expenses.

Upon designation by a county as a primary PSAP for wireless 911 calls, a Washington state patrol communications center may be eligible to receive available wireless funds from the state 911 account for the following eligible categories, components of which are not listed in order of priority:

(1) Statewide dialing items:

(a) Coordinator professional development (CPD);

(b) Next generation 911 emergency communications system;

(c) Automatic location identification (ALI) database service;

(d) Traffic studies;

(e) Telecommunications services priority (TSP);

(f) Language interpretive service;

(g) Alternate routing;

(h) Call handling equipment (CHE) telephone system and maintenance;

(i) TTY required for compliance with the Americans with Disabilities Act (ADA);

(j) Call handling equipment (CHE) display equipment for PSAPs;

(k) 911 coordinator duties;

(l) 911 coordinator electronic mobile device; and

(m) Associated administrative costs;

(2) Baseline service items:

(a) Uninterruptible power supply (UPS) for PSAP 911 equipment and maintenance;

(b) 911 mapping administration;

(c) Mapping display for call answering positions;

(d) 911 Management information system;

(e) Headsets for 911 call receivers; and

(f) Associated administrative costs;

(3) Capital items:

(a) Logging recorder for 911 calls and maintenance;

(b) Computer aided dispatch (CAD) system hardware, software, and maintenance;

(c) Auxiliary generator and generator maintenance to provide 911 eligible equipment/telephone services backup power;

(d) Clock synchronizer and maintenance;

(e) Console furniture for 911 call receiving equipment and maintenance; and

(f) Associated administrative costs.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-045, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-045, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-045, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-050 State eligible expenses.

(1) A 911 emergency communications system is comprised of multiple features, functions, and services whose costs may be eligible, subject to available funds, for reimbursement by eligible entities. The components and services listed below may qualify for reimbursement to eligible entities from the state 911 account based on a reasonable prioritization by the state 911 coordinator, with the advice and assistance of the 911 advisory committee and in accordance with the purposes and priorities established by statute and regulation. The state 911 coordinator will adopt policies defining specific details related to reimbursement eligibility.

(2) Expenses for the items listed below may be eligible for reimbursement from the state 911 account from funds generated under the authority derived from RCW 82.14B.030 (5), (6), (7), and (8).

(a) Statewide dialing items:

(i) Coordinator professional development (CPD);

(ii) Next generation 911 emergency communications system;

(iii) Automatic location identification (ALI) database service;

(iv) Traffic studies;

(v) Telecommunications service priority (TSP);

(vi) Language interpretive service;

(vii) Alternate routing;

(viii) Call handling equipment (CHE) and maintenance;

(ix) TTY required for compliance with the Americans with Disabilities Act (ADA);

(x) CHE display equipment for PSAPs;

(xi) PSAP mapping and maintenance;

(xii) 911 coordinator duties;

(xiii) 911 information technology services;

(xiv) 911 call receiver salaries and benefits;

(xv) 911 public education coordination;

(xvi) 911 training coordination;

(xvii) 911 coordinator electronic mobile device; and

(xviii) Associated administrative costs.

(b) Baseline service items:

(i) Uninterruptible power supply (UPS) for PSAP 911 equipment and maintenance;

(ii) 911 Coordinator training;

(iii) Mapping/GIS training;

(iv) Information technology (IT) training;

(v) Call receiver training;

(vi) 911 mapping administration;

(vii) Mapping display for call answering positions;

(viii) 911 Management information system;

(ix) Headsets for 911 call receivers;

(x) 911 document destruction; and

(xi) Associated administrative costs.

(c) Capital:

(i) Logging recorder for 911 calls and maintenance;

(ii) Computer aided dispatch (CAD) system hardware, software, and maintenance;

(iii) Auxiliary generator and generator maintenance to provide 911 eligible equipment/telephone services backup power;

(iv) Clock synchronizer and maintenance;

(v) Console furniture for 911 call receiving equipment and maintenance; and

(vi) Associated administrative costs.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-050, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-050, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-050, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-060 County eligible expenses.

(1) In addition to the state reimbursement eligible items listed in WAC 118-66-020 [ 118-66-050] (1) through (3), PSAP and 911 administration cost items are eligible county 911 expenses, including the following items, which are not listed in order of priority:

(a) Management services;

(b) Human resources services;

(c) Legal costs;

(d) Financial services;

(e) PSAP and 911 administration lease/purchase costs;

(f) 911 building repair and maintenance, and major systems replacement/repair;

(g) 911 property and liability insurance;

(h) PSAP and 911 administrative telephone system; and

(i) 911/NG911 reserve accounts.

(2) The items listed above are not eligible for funding from the state 911 account nor shall such items be used in the determination of eligibility in receiving state assistance from the state 911 account.

(3) When the items listed above are used with other PSAP operations such as dispatching, the county 911 eligible amount shall be determined by percentage of use.

History

• 118-66-050] (1) through (3), PSAP and 911 administration cost items are eligible county 911 expenses, including the following items, which are not listed in order of priority:(a) Management services
• (b) Human resources services
• (c) Legal costs
• (d) Financial services
• (e) PSAP and 911 administration lease/purchase costs
• (f) 911 building repair and maintenance, and major systems replacement/repair
• (g) 911 property and liability insurance
• (h) PSAP and 911 administrative telephone system
• and(i) 911/NG911 reserve accounts.(2) The items listed above are not eligible for funding from the state 911 account nor shall such items be used in the determination of eligibility in receiving state assistance from the state 911 account.(3) When the items listed above are used with other PSAP operations such as dispatching, the county 911 eligible amount shall be determined by percentage of use.[Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-060, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-060, filed 1/5/11, effective 2/5/11.

Wash. Admin. Code § 118-66-081 Funding applications.

Requests for funding shall be submitted in accordance with application formats developed by the state 911 coordinator and shall include plans and budget information justifying the funding request, an annual schedule of eligible items, funding levels, and funding priority. The state 911 coordinator will establish a schedule of annual application dates.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-081, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-081, filed 4/25/03, effective 7/1/03.

Wash. Admin. Code § 118-66-090 Other rules.

Through other governmental agencies, such as the Federal Communications Commission and the Washington utilities and transportation commission, rules have and will be adopted which will impact the statewide operation of 911. By this reference, this rule is intended to be consistent with and complementary to these other rules.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-66-090, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.540 and 38.52.545. WSR 11-03-004, § 118-66-090, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 38.52.540. WSR 03-10-014, § 118-66-090, filed 4/25/03, effective 7/1/03.

Chapter 118-67 Wireless 911 calls from radio communications service companies—Technical and operational standards.

Wash. Admin. Code § 118-67-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 38.52.561.

History

• Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-010, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-020 Purpose.

(1) RCW 38.52.561 authorizes the state 911 coordinator, with the advice and assistance of the 911 advisory committee, to set nondiscriminatory, uniform technical and operational standards consistent with the rules of the Federal Communication Commission (FCC) for the transmission of 911 calls from radio communications service companies to 911 emergency communications systems. These standards must not exceed the requirements set by the FCC.

(2) This chapter is based upon and does not exceed FCC requirements contained in 47 C.F.R. Chapter 1.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-020, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-020, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-030 Definitions.

(1) "911 only devices" shall mean a nonservice initialized device that is manufactured with the capability of dialing 911 only and that cannot receive incoming calls.

(2) "Device" shall mean a piece of technology equipment designed to perform specific functions and with the capability to access the 911 emergency communications system.

(3) "Dispatchable location" means a location delivered to the PSAP with a 911 call that consists of the validated street address of the calling party, plus additional information such as suite, apartment, or similar information necessary to adequately identify the location of the calling party.

(4) "Electronic serial number (ESN)" shall mean the unique 11-digit serial number assigned to the device by the manufacturer.

(5) "Federal Communications Commission (FCC)" shall mean the agency of the federal government established under the Communications Act of 1934, as revised, for the purpose of regulating interstate communication by wire and radio.

(6) "International Mobile Equipment Identifier (IMEI)" shall mean the unique 15-digit serial number assigned to a global system for mobile communication (GSM) handset used on a GSM wireless network.

(7) "Nonservice initialized devices" shall mean a device for which there is no valid service contract with an RCSC.

(8) "Radio communications service company (RCSC)" has the same meaning as defined in RCW 38.52.010 and 82.14B.020.

(9) "Real-time text (RTT)" is text that is transmitted instantly as it is typed or created.

(10) "Text-to-911" is a service typically provided by mobile carriers, which allows for the sending of short messages to a PSAP from any text enabled device.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-030, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-030, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-040 Introduction.

(1) Radio communications service companies (RCSCs) shall comply with the technical and operational standards established by the Federal Communications Commission for the transmission of 9-1-1 calls in section 47 C.F.R. Chapter I of the FCC Rules.

(2) The authority given to the state 911 coordinator by RCW 38.52.561 is limited to setting standards as set forth in that section and does not constitute authority to regulate radio communications service companies.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-040, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-040, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-050 911 location accuracy requirements.

RCSCs shall meet or exceed the location accuracy standards set forth by the FCC.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-050, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-050, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-060 911 location information.

RCSCs, using any and all industry adopted standards, must deliver one of the following to the PSAP:

(1) Dispatchable location; or

(2) Device latitude and longitude with callback number.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-060, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-060, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-090 Device-based location technologies.

RCSCs employing device-based location technologies shall ensure that location-capable devices shall conform to industry interoperability standards designed to enable the location of such devices by multiple RCSCs.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-090, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-090, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-110 TTY access to 911 services.

RCSCs subject to this section must be capable of transmitting 911 calls from individuals with speech or hearing disabilities through means other than mobile radio devices, e.g., through the use of text telephone devices (TTY), text-to-911, and real-time text (RTT). Operators of digital wireless systems must comply with the provisions of this paragraph.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-110, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-110, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-120 Nonservice initialized devices.

RCSCs that donate a nonservice initialized device for purposes of providing access to 911 services are required to:

(1) Program each device with 911 plus the decimal representation of the seven least significant digits of the electronic serial number, international mobile equipment identifier or any other identifier unique to that device;

(2) Affix to each handset a label that is designed to withstand the length of service expected for a nonservice initialized device, and that notifies the user that the device can only be used to dial 911, that the 911 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

(3) Institute a public education program to provide the users of such devices with information regarding the limitations of nonservice initialized devices.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-120, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-120, filed 12/12/03, effective 1/12/04.

Wash. Admin. Code § 118-67-130 Manufacturers of 911 only devices.

Manufacturers of 911 only devices that are manufactured after May 3, 2004, are required to:

(1) Program each device with 911 plus the decimal representation of the seven least significant digits of the electronic serial number, International Mobile Equipment Identifier or any other identifier unique to that device;

(2) Affix to each device a label that is designed to withstand the length of service expected for a nonservice initialized phone, and which notifies the user that the device can only be used to dial 911, that the 911 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

(3) Institute a public education program to provide the users of such devices with information regarding the limitations of 911 only devices.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-67-130, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.561. WSR 04-01-066, § 118-67-130, filed 12/12/03, effective 1/12/04.

Chapter 118-68 Required for automatic location identification.

Wash. Admin. Code § 118-68-010 Purpose.

The purpose of chapter 118-68 WAC is to adopt standards for the protection of life through assuring that telephone systems provide adequate location information through 911 emergency communications systems pursuant to RCW 38.52.505.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-010, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-010, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-020 Definitions.

The following definitions shall apply when used in chapter 118-68 WAC:

(1) The "authority having jurisdiction" is defined as the fire chief for municipal corporations, or the county fire marshal or designee as appointed by the governing body for unincorporated areas.

(2) "Building unit identifier" means room number or equivalent designation of a specific portion of a structure, or an apartment number in multifamily residences.

(3) "Call back telephone number" means a phone number which can be called from voice and data networks to be used by the public safety answering point to recontact the location from which the 911 call was placed. The number may or may not be the number of the device used to originate the 911 call.

(4) "Determination of noncompliance" means written notification that a system is not in compliance with this regulation. Information contained therein shall include, but not be limited to, system deficiencies requiring correction to bring the system into compliance and a date by which noted corrections shall be made.

(5) "Dispatchable location" has the same meaning as defined in WAC 118-67-030.

(6) "Public safety answering point (PSAP)" has the same meaning as defined in RCW 38.52.010.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-020, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-020, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-030 Applicability.

This regulation applies to all facilities for which a "certification of occupancy" is to be or has been approved by the authority having jurisdiction. This regulation provides for the implementation of RCW 38.52.505, 28A.335.320, 43.43.934, 80.36.555, and 80.36.560 pertaining to private telephone systems.

History

• Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-030, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-040 Compliance.

All facilities covered by this regulation shall comply with its provisions by May 1, 2001. Additionally, all facilities shall comply with FCC regulation 34 FCC Rcd 6607 (8) by August 1, 2019.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-040, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-040, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-050 Inspection.

(1) For the purpose of directing emergency response, the authority having jurisdiction is authorized to approve the adequacy of automatic location information displayed on the 911 equipment serving its jurisdiction, when 911 calls are made. Such authority shall issue a determination of noncompliance to the telephone system owner when an automation location information display is not in compliance. For systems which are in compliance the testing authority shall issue a notice of compliance noting the date of inspection and test circumstances.

(2) The authority having jurisdiction shall ensure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location information displays as herein defined:

(a) For the 1994 Uniform Building Code Occupancy Group Classification R-1 except congregate residences, hotels, and motels, the minimum information requirements are:

2.a.1 Customer name

2.a.2 Street address and city

2.a.3 Building unit identifier

2.a.4 Call back telephone number

(b) For congregate residences, hotels, and motels as defined in the 1994 Uniform Building Code Group Classification R-1 the minimum information requirements as in (a) above or:

2.b.1 Customer name

2.b.2 Street address and city

2.b.3 Building unit identifier, or additional information supplied by automatic simultaneous connection of the caller, the PSAP and a knowledgeable designated individual(s) who will be able to supplement the ALI record with specific location information by effectively communicating with the PSAP

(c) For multiple unaffiliated business users as defined in chapter 80.36 RCW, the minimum information requirements are:

2.c.1 Business name

2.c.2 Street address and city

2.c.3 Building unit identifier (or more specific location information)

2.c.4 Call back telephone number

(d) For common and public schools, as defined in RCW 28A.150.010 and 28A.150.020, the minimum information requirements for any school district having a private telecommunications system acquired after January 1, 1997, that allows connection to the public switched network:

2.d.1 Individual school name

2.d.2 Street address and city

2.d.3 Building unit identifier

2.d.4 Call back telephone number

(e) For schools with phone systems installed prior to January 1, 1997, at any time the facility is occupied, it shall provide direct access to telephones that are connected to the public switched network, such that calls to 911 result in automatic location information.

(f) For certification of voluntary compliance for uses not defined above, the minimum information requirements are:

2.f.1 Business or agency name

2.f.2 Street address and city

2.f.3 Building unit identifier (or more specific location information)

2.f.4 Call back telephone number

(3) Additionally, the above entities shall comply with FCC rules related to section 506 of the Ray Baum's Act pertaining to dispatchable location regardless of the technological platform used.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-050, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-050, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-060 Enforcement.

Fines or penalties for noncompliance are within the authority of the local governing body, but are recommended to be one hundred dollars per day per telephone system until compliance is met.

History

• Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-060, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-070 Right of review.

(1) The authority having jurisdiction shall promulgate procedures through which a facility may seek review of initial decisions. Such procedures shall conform to the Administrative Procedure Act, chapter 34.05 RCW, to the extent that act is applicable, and shall be pursuant to brief adjudicative procedures, RCW 34.05.482 through 34.05.485.

(2) At a minimum, such procedures shall provide that a facility aggrieved by an initial order of the authority having jurisdiction or their designee may petition for review, in writing, stating why the initial order is in error, to the designated agency head within 10 days of the initial order. If no petition is made within 10 days, the initial order becomes final. In any event, the decision of the designated agency head shall be deemed the final decision of the agency.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-070, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-070, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-080 Local codes.

The enforcement of local fire and building codes is the responsibility of the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the local governing body having jurisdiction.

History

• Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-080, filed 4/13/01, effective 5/14/01.

Wash. Admin. Code § 118-68-090 Severability.

If any provision of this regulation or its application to any person or circumstance is held invalid, the remainder of the regulation or the application of the provision to other persons or circumstances shall not be affected.

History

• Statutory Authority: RCW 38.52.520. WSR 24-13-025, § 118-68-090, filed 6/7/24, effective 7/8/24. Statutory Authority: RCW 38.52.505. WSR 01-09-045, § 118-68-090, filed 4/13/01, effective 5/14/01.