CHAPTER 74
VOLUNTEER FIREFIGHTERS

Subchapter

A.  Preliminary Provisions
B.  Relief Association
C.  Employment Sanctions
D.  Special Fire Police

Enactment.  Chapter 74 was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Cross References.  Chapter 74 is referred to in section 7401 of this title.

 

SUBCHAPTER D
SPECIAL FIRE POLICE

Sec.
7431.  Scope of subchapter.
7432.  Definitions (Reserved).
7433.  Nomination.
7434.  Confirmation.
7435.  Powers.
7436.  Power and authority in places other than where appointed.
7437.  Badge of authority and subordination.

Special Provisions in Appendix.  See section 7(b.1)(2) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter D is referred to in sections 7431, 7434, 7435, 7436 of this title; section 3505 of Title 18 (Crimes and Offenses).

§ 7431.  Scope of subchapter.

This subchapter applies to a volunteer fire company in any city, borough, town, township or home rule municipality.

Cross References.  Section 7431 is referred to in section 7433 of this title.

 

§ 7432.  Definitions (Reserved).

 

§ 7433.  Nomination.

An entity under section 7431 (relating to scope of subchapter) may nominate any of its members as special fire police.

 

§ 7434.  Confirmation.

Special fire police nominated under this subchapter shall, before they enter upon their duties, be confirmed by the mayor of the city, the mayor of the borough or town, the chairman of the board of commissioners or supervisors of the township or the chief executive officer of a home rule municipality, as the case may be.

 

§ 7435.  Powers.

(a)  Specific powers.–When confirmed and sworn and displaying a badge of authority, special fire police shall have full power to regulate traffic and keep crowds under control at or in the vicinity of any fire on which their companies are in attendance and to exercise other police powers necessary to facilitate and prevent interference with the work of firemen in extinguishing fires. They shall also have the police powers necessary to perform their duties when functioning as special fire police at any function, event or parade conducted by and under the auspices of a volunteer fire company, or another event, function or parade conducted by an organization other than a volunteer fire company, provided that the request to perform these duties is made by the governing body of the city, borough, town, township or home rule municipality in which the event will be conducted, or when accidents, floods or any other emergencies require performance of traffic-control and crowd-control duties. The duties may be performed without prior request from the governing body until the arrival of proper State, city, borough, town, township or home rule municipality police authority and thereafter subject to direction of the police authority until the emergency no longer exists. A person functioning as special fire police and performing a duty under any of the conditions in this subsection shall be deemed to be performing the duties of his employment.

(b)  Identification.–Fire police performing the duties under this subchapter shall be identifiable by, at minimum, the wearing of a distinctive arm band, hat, uniform or insignia.

(c)  Construction.–Under no circumstances shall this subchapter be construed to grant special fire police the right to use firearms or other weapons in the exercise of special fire police powers granted by this subchapter.

 

§ 7436.  Power and authority in places other than where appointed.

Whenever a volunteer fire company is in attendance on a fire or when the special fire police are on special duty as provided under this subchapter, the special fire police in a city, borough, town or township, other than the one in which the fire company is organized, shall have the same power and authority in another city, borough, town or township as they would have where they were appointed.

 

§ 7437.  Badge of authority and subordination.

All special fire police when on duty shall display a badge of authority and shall be subject to the control of the chief of police, if any, of the city, borough, town or township in which they are serving, or, if none, of a member of the Pennsylvania State Police.