SEWER DISTRICT LIABILITY FOR FIRE PROTECTION SERVICES

DISTRICTS ‑- FIRE PROTECTION ‑- SEWER ‑- CITIES AND TOWNS ‑- SEWER DISTRICT LIABILITY FOR FIRE PROTECTION SERVICES

RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.

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                                                                  March 18, 1976

Honorable John Cunningham
State Senator, 33rd District
Legislative Building
Olympia, Washington 98504                                                                                                               Cite as:  AGLO 1976 No. 19

Dear Sir:

            By recent letter you have inquired regarding the applicability of RCW 52.36.020 to certain property situated within the boundaries of the incorporated city of Des Moines which is owned by a designated sewer district.  For the reasons hereinafter set forth it is our opinion that this statute is inapplicable to the property in question.

                                                                     ANALYSIS

            As indicated in AGO 1976 No. 2 [[to John Cunningham, State Senator, on January 14, 1976]], written to you earlier this year, RCW 52.36.020 provides for the execution of contracts to cover necessary fire protection services rendered by fire protection districts to other governmental agencies.  This statute reads, in material part, as follows:

            "Wherever a fire protection district has been organized which includes within its area or is adjacent to, buildings and equipment, except those leased to a nontax exempt person or organization, owned by the legislative or administrative authority of a state agency or institution or a municipal corporation, the agency or institution or municipal corporation involved shall contract with such district for fire protection services necessary for the protection and safety of personnel and property pursuant to the provisions of chapter 39.34 RCW, as now or hereafter amended: . . ."

            As we further explained in our prior opinion, however, no property located within an incorporated city or town can be said to be simultaneously within the boundaries of a fire protection district because of RCW 52.22.030 (quoted on page 3 of AGO 1976 No. 2), which reads as follows:

             [[Orig. Op. Page 2]]

            "Effective January 1, 1960, every city or town, or portion thereof, which is situated within the boundaries of a fire protection district shall become automatically removed from such fire protection district, and no fire protection district shall thereafter include any city or town, or portion thereof, within its boundaries."

            According to information which you have supplied us with your present request, a certain sewer district (a municipal corporation within the meaning of RCW 52.36.020) owns two parcels of land within the city of Des Moines.  One of those parcels is completely surrounded by other property within the city and thus does not physically border upon its external boundaries.  The other parcel, although also situated within the city, does abut upon one of the external boundaries thereof ‑ and thus upon the common boundary of an adjacent fire protection district.

            Clearly, the first of these two parcels is not covered by RCW 52.36.020,supra, because it can neither be said to be situated within a fire protection district nor to be adjacent thereto.  Conversely, however, the second parcel of sewer district property described in your request, although also situated within the city (and thus, not within a fire protection district), is, according to your letter, adjacent to such a district.  Thus, with respect to this parcel we are presented with a somewhat closer question.

            In our opinion, however, RCW 52.36.020, supra, is inapplicable to this second parcel of sewer district property as well.  We base this conclusion on so much of the statute as says that another municipality owning buildings or equipment within or adjacent to a fire protection district

            ". . . shall contract with such district for fire protection servicesnecessary for the protection and safety of personnel and property . . ."  (Emphasis supplied.)

            Under state law, both incorporated cities and towns on the one hand, and fire protection districts on the other, are charged with the responsibility of providing fire protection services within their respective boundaries.  Property situated within a city or town is to receive such services from that municipality, either through its own fire department or by contract with an adjoining fire protection district under RCW 52.08.030 (a statute also noted in AGO 1976 No. 2).  Similarly, property located within a fire protection district is to receive fire protection services from  [[Orig. Op. Page 3]] that district.  In the case of property located within a city or town, therefore, the fire protection services of even an adjacent fire protection district are not "necessary" within the meaning of RCW 52.36.020 because the property in question is required to be provided with fire protection by the municipality in which it is thus situated.