3.16.230 - Assistance agreements—Verbal notification conditions—"Good Samaritan" law.
A. The Chief of the Fire Department or his representative may enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident commander or his representative to the person whose assistance is requested. The incident commander and the person whose assistance is requested shall both sign the notification which appears in subsection B of this section, indicating the date and time of signature. If a requesting agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.
B. The notification required by subsection A of this section shall be as follows:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by a representative of a designated hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed "Good Samaritan" legislation (Chapter 4.24 RCW, part) to protect you from potential liability. The law reads, in part:
"Any person who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to ensure your protection:
1. You are not obligated to assist and you may withdraw your assistance at any time.
2. You cannot profit from assisting.
3. You must agree to act under the direction of the incident commander.
4. You are not covered by this law if you caused the initial accident or if you are a public employee doing your official duty.
I have read and understand the above.
(Name) _____
Date _______ Time _____
I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.
(Name) _____
Date _______ Time _____
(Ord. 110614 § 1(part), 1982.)
