Pennsylvania Act 1941-74 — PROVIDING FOR FIRE POLICE

Act text

PROVIDING FOR FIRE POLICE
                  Act of Jun. 18, 1941, P.L. 137, No. 74              Cl. 53
                                  AN ACT

     Providing for the appointment, powers and control of members of
        volunteer fire companies as special fire police, and
        conferring powers on them at fires attended by their fire
        companies in any city, borough, town, township or home rule
        municipality. (Title amended July 11, 1980, P.L.580, No.122)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Any volunteer fire company in any city, borough,
     town, township or home rule municipality may nominate any of its
     members as special fire police. All special fire police so
     nominated shall, before they enter upon their duties as such, 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. When so confirmed and sworn
     and displaying a badge of authority they 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 such other police powers as are necessary in
     order to facilitate and prevent interference with the work of
     firemen in extinguishing fires and, in addition, shall 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, any volunteer fire
     company, or any other event, function, or parade conducted by an
     organization other than a volunteer fire company, providing 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 such traffic-
     control and crowd control duties. Such 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 such police authority until the emergency no longer
     exists. A person functioning as special fire police, and
     performing a duty under any of the above conditions, shall be
     deemed to be performing the duties of his employment. Fire
     police performing such duties shall be identifiable by, at
     minimum, the wearing of a distinctive arm band or hat or uniform
     or insignia. Under no circumstances shall this act be construed
     to grant special fire police the right and/or power to use
     firearms or other weapons in the exercise of special fire police
     powers granted hereunder.
        (1 amended July 11, 1980, P.L.580, No.122)
        Section 2.  Whenever any volunteer fire company is in
     attendance on a fire, or when such special fire police are on
     special duty as hereinbefore provided, such special fire police
     in any city, borough, town or township other than the one in
     which such fire company is organized shall have the same power
     and authority in such other city, borough, town or township as
     they would have in that by which they were appointed.
        (2 amended May 13, 1949, P.L.1317, No.388)
        Section 3.  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.
        (3 amended Mar. 22, 1951, P.L.53, No.9)
        Section 4.  All acts and parts of acts inconsistent with the
     provisions of this act are hereby repealed.
        Section 5.  This act shall become effective immediately upon
     final enactment.