Washington Administrative Code Title 491 - Volunteer Firefighters and Reserve Officers, State Board for
Washington Administrative Code (WAC) Title 491: Overview
What is WAC Title 491?
WAC Title 491 governs the administration of the State Board for Volunteer Firefighters and Reserve Officers in Washington State. This board oversees the rules relating to volunteer firefighters and reserve officers, particularly concerning eligibility for relief and pension benefits under Washington law.
The key functions include:
Defining who qualifies as a volunteer firefighter or reserve officer.
Setting standards for participation and activity levels required for pension eligibility.
Establishing procedures for billing, appeals, and record-keeping.
Key Provisions of WAC Title 491
1. Membership and Participation Requirements (WAC 491-03)
This section spells out who qualifies as a volunteer firefighter or reserve officer and what activities count toward pension and relief benefits.
a) Qualifying Duties (WAC 491-03-020)
To qualify, a volunteer firefighter must have duties directly related to preventing, controlling, or extinguishing fires.
Reserve officers must be certified by the Criminal Justice Training Commission and have a law enforcement commission.
Incidental duties like equipment maintenance, inspection, or clerical work only count if the individual’s primary role is firefighting or emergency response.
Those whose roles are purely administrative or clerical without any firefighting responsibilities do not qualify.
b) Minimum Participation Standards (WAC 491-03-030)
Volunteers must meet minimum participation requirements, including:
Attending at least 10% or 20 hours of drills/training per year.
Responding to at least 10% of all calls or 24 calls annually, or spending 96 hours on standby.
The department’s leadership must certify annually that the volunteer meets these standards.
Exceptions apply for serious illness, injury, or family care, allowing temporary excused absences.
Statutory Background
The rules in WAC Title 491 implement and clarify the Volunteer Firefighters' and Reserve Officers' Relief and Pension Act (primarily RCW 41.24). This statute establishes the legal framework for pension benefits for volunteer firefighters and reserve officers and sets the role of the State Board in oversight.
Important Case Law Interpreting WAC Title 491 and RCW 41.24
Washington courts have interpreted these rules and the underlying statutes, often clarifying eligibility criteria for pension benefits.
1. Schrom v. Board for Volunteer Fire Fighters (Washington Supreme Court, 2004)
Issue: Are volunteers with purely clerical or administrative roles eligible for pension benefits under the statute?
Facts: The plaintiffs had volunteered for decades in administrative positions without any firefighting or emergency response duties.
Holding: No. The Court held that to qualify for pension benefits, volunteers must perform actual firefighting or firefighting-related duties, including training and emergency response.
Reasoning: The term “firefighter” implies active participation in firefighting or related emergency activities. Purely administrative roles do not satisfy the statutory definition.
Additional: The Court ruled the volunteers were entitled to reimbursement of fees paid into the pension fund, as they were improperly included.
2. City of Kennewick v. Board for Volunteer Firefighters (Court of Appeals, 1997)
Issue: Whether volunteers placed on inactive status without firefighting duties remain eligible for pension benefits.
Holding: No. Volunteers must actively participate in firefighting duties to qualify; merely paying fees while inactive is insufficient.
3. Campbell v. Board for Volunteer Fire Fighters (Court of Appeals, 2002)
Issue: Whether minimal, sporadic participation (e.g., occasional training or social events) qualifies a volunteer for pension credit.
Holding: No. There must be sufficient active participation consistent with firefighting duties and training requirements.
How the WAC Reflects and Implements These Principles
Following these rulings, WAC Title 491:
Defines eligibility strictly, requiring actual firefighting duties or emergency response, consistent with Schrom.
Sets minimum participation thresholds, ensuring volunteers are active participants, reflecting Kennewick and Campbell.
Requires annual certification by department leadership verifying that volunteers meet the participation and duties requirements.
Allows reasonable exemptions for illness or family care but emphasizes documentation and active service.
Provides appeal procedures for volunteers denied benefits.
Summary of Key Points
| Aspect | Rule / Holding | Case Example |
|---|---|---|
| Eligibility requires firefighting duties | Must perform or train for firefighting/emergency response | Schrom |
| Administrative roles alone insufficient | Purely clerical/financial roles are not eligible | Schrom |
| Active participation required | Minimum training and call response hours required | Kennewick, Campbell |
| Inactive status disqualifies | No firefighting duties = no pension benefits | Kennewick |
| Reimbursement for improper fees paid | Volunteers improperly included may recover fees with interest | Schrom |
| Department must certify eligibility annually | Certification of participation ensures compliance | WAC 491-03-030 |
Practical Implications
Volunteers should ensure their duties include firefighting or emergency response activities, not just administrative work.
Departments must track attendance at drills and calls and document participation.
Volunteers who reduce their participation significantly or are inactive risk losing pension eligibility.
Volunteers denied benefits can appeal under the administrative procedures provided.
Departments should avoid reporting volunteers who do not meet eligibility to prevent improper fee collection and reimbursements.
RELATED Blog
0 comments