SENATE AMENDED
PRIOR PRINTER'S NOS. 1119, 2036, 2255, PRINTER'S NO. 3124
3042
No. 1011 Session of 1979
INTRODUCED BY MESSRS. A. C. FOSTER, JR., MANDERINO AND SCIRICA,
APRIL 23, 1979
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 24, 1980
AN ACT
1 Amending the act of June 18, 1941 (P.L.137, No.74), entitled "An
2 act providing for the appointment, powers and control of
3 members of volunteer fire companies as special fire police,
4 and conferring powers on them at fires attended by their fire
5 companies in any city, borough, town and township," further
6 providing for the powers of special fire police.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 SECTION 1. THE TITLE, ACT OF JUNE 18, 1941 (P.L.137, NO.74), <--
10 ENTITLED "AN ACT PROVIDING FOR THE APPOINTMENT, POWERS AND
11 CONTROL OF MEMBERS OF VOLUNTEER FIRE COMPANIES AS SPECIAL FIRE
12 POLICE, AND CONFERRING POWERS ON THEM AT FIRES ATTENDED BY THEIR
13 FIRE COMPANIES IN ANY CITY, BOROUGH, TOWN AND TOWNSHIP," IS
14 AMENDED TO READ:
15 AN ACT
16 PROVIDING FOR THE APPOINTMENT, POWERS AND CONTROL OF MEMBERS OF
17 VOLUNTEER FIRE COMPANIES AS SPECIAL FIRE POLICE, AND
18 CONFERRING POWERS ON THEM AT FIRES ATTENDED BY THEIR FIRE
19 COMPANIES IN ANY CITY, BOROUGH, TOWN AND TOWNSHIP OR
1 MUNICIPALITY WHICH BUT FOR THE ADOPTION OF A HOME RULE
2 CHARTER WOULD BE A CITY, BOROUGH, TOWN OR TOWNSHIP."
3 Section 1 2. Section 1, act of June 18, 1941 (P.L.137, <--
4 No.74), entitled "An act providing for the appointment, powers
5 and control of members of volunteer fire companies as special
6 fire police, and conferring powers on them at fires attended by
7 their fire companies in any city, borough, town and township,"
8 OF THE ACT amended August 10, 1959 (P.L.656, No.209), is amended <--
9 to read:
10 Section 1. Any volunteer fire company in any city, borough,
11 town, [or] township OR MUNICIPALITY WHICH BUT FOR THE ADOPTION <--
12 OF A HOME RULE CHARTER WOULD BE A CITY, BOROUGH, TOWN OR
13 TOWNSHIP may nominate any of its members as special fire police.
14 All special fire police so nominated shall, before they enter
15 upon their duties as such, be confirmed by the mayor of the
16 city, the [burgess] mayor of the borough or town, [or] the <--
17 chairman of the board of commissioners or supervisors of the
18 township, OR THE CHAIRMAN OF THE GOVERNING BODY OF A <--
19 MUNICIPALITY WHICH BUT FOR THE ADOPTION OF A HOME RULE CHARTER
20 WOULD BE A CITY, BOROUGH, TOWN OR TOWNSHIP, as the case may be.
21 When so confirmed and sworn and displaying a badge of authority
22 they shall have full power to regulate traffic and keep crowds
23 under control at or in the vicinity of any fire on which their
24 companies are in attendance and to exercise such other police
25 powers as are necessary in order to facilitate and prevent
26 interference with the work of firemen in extinguishing fires
27 and, in addition, shall have [all] the police powers necessary
28 to perform their duties when functioning as special fire police
29 at [parades, accidents, floods, or other emergencies, or at any
30 public function conducted by or under the auspices of any
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1 volunteer fire company, at the request of the governing body of
2 any such municipality, and when so functioning as special fire
3 police shall be deemed to be performing the duties of their
4 employment.] any function, event, or parade conducted by, and
5 under the auspices of, any volunteer fire company, or any other
6 event, function, or parade conducted by an organization other
7 than a volunteer fire company, providing the request to perform
8 these duties is made by the governing body of the city, borough,
9 town, or township, OR MUNICIPALITY WHICH BUT FOR THE ADOPTION OF <--
10 A HOME RULE CHARTER WOULD BE A CITY, BOROUGH, TOWN OR TOWNSHIP,
11 in which the event will be conducted, or when accidents, floods
12 or any other emergencies require performance of such traffic
13 control and crowd control duties. Such duties may be performed
14 without prior request from the governing body until the arrival
15 of proper State, city, borough, town, or township, OR <--
16 MUNICIPALITY WHICH BUT FOR THE ADOPTION OF A HOME RULE CHARTER
17 WOULD BE A CITY, BOROUGH, TOWN OR TOWNSHIP police authority and
18 thereafter subject to direction of such police authority until
19 the emergency no longer exists. A person functioning as special
20 fire police, and performing a duty under any of the above
21 conditions, shall be deemed to be performing the duties of his
22 employment. Fire police performing such duties shall be
23 identifiable by, at minimum, the wearing of a distinctive arm
24 band OR HAT OR UNIFORM OR INSIGNIA. Under no circumstances shall <--
25 this act be construed to grant special fire police the right
26 and/or power to use firearms or other weapons in the exercise of
27 special fire police powers granted hereunder.
28 Section 2 3. This act shall take effect in 60 days. <--
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