AGO 1951-53 No. 27.

• Case Date: April 27, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 27. April 27, 1951[Orig. Op. Page 1]PRIVATEFIRE PROTECTION DISTRICTS --- FIGHTING FIRES OUTSIDE THE DISTRICT.A fire protection district has no legally enforceable claim against another county or against any person or agency responsible for starting or spreading of a fire where it voluntarily goes outside its own territorial limits to prevent such fire from spreading in the absence of any contract theretofore entered into.Honorable William A. SullivanInsurance CommissionerState of WashingtonOlympia, WashingtonCite as: AGO 1951-53 No. 27Dear Mr. Sullivan: On April 18, 1951, you asked the following questions: Has a fire protection district a legally enforceable claim against an adjoining but contiguous county where it renders service in fighting a fire outside its own limits and in such adjoining but contiguous county? Has a fire protection district an enforceable claim against an adjoining but contiguous county, or any other person, or agency, responsible for starting or spreading of such fire? The conclusions reached may be summarized as follows: A fire protection district has no legally enforceable claim against anyone when it goes outside its territorial limits and fights a fire in the absence of any contract for reimbursement. ANALYSIS Your exact inquiries read as follows: [Orig. Op. Page 2] "Can a fire protection district make a reasonable charge for its services rendered in fighting fire in an adjoining but contiguous county whether or not such services are requested by the residents, etc., of such county but where there is imminent danger of the fire spreading and burning into the said district? "If so, can the charge be made against the adjoining but contiguous county and also the person or agency, state or federal, who is responsible for the starting or spreading of such fire?" Parenthetically, we would here impose that if the services of the fire protection district were actually requested by anyone before such services were rendered, that problems of a contractual nature might become involved. We therefore respectfully ask to be excused from expressing any opinion as to the effect of any contract so made in the absence of any showing as to the terms of such contract. The Washington statutes relative to fire protection districts have been amended several times. The...