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PRINTER'S NO. 521
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
528
Session of
2019
INTRODUCED BY JOZWIAK, McNEILL, ZIMMERMAN, MURT, JAMES,
BERNSTINE, IRVIN, RIGBY, GILLEN, BARRAR, THOMAS AND TOOHIL,
FEBRUARY 19, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 19, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in volunteer firefighters, repealing
provisions relating to special fire police and providing for
fire police officers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter D of Chapter 74 of Title 35 of the
Pennsylvania Consolidated Statutes is repealed:
[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.
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§ 7431. Scope of subchapter.
This subchapter applies to a volunteer fire company in any
city, borough, town, township or home rule municipality.
§ 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
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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
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they are serving, or, if none, of a member of the Pennsylvania
State Police.]
Section 2. Chapter 74 of Title 35 is amended by adding a
subchapter to read:
SUBCHAPTER E
FIRE POLICE OFFICERS
Sec.
7441. Purpose of subchapter.
7442. Definitions.
7443. Nominations and confirmations.
7444. Qualifications.
7445. Organization.
7446. Powers and duties.
7447. Employment.
7448. Firearms.
§ 7441. Purpose of subchapter.
The purpose of this subchapter is to provide for the
appointment, powers and control of fire police officers and to
confer powers on fire police officers at incident sites in their
city, borough, town, township or home rule municipality.
§ 7442. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Chief elected executive officer." The mayor of a city or
borough or the chairperson of the commissioners or supervisors
of the elected executive officers of any county, township or
incorporated town.
"Chief law enforcement officer." The head of a duly
constituted municipal law enforcement agency which regularly
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provides primary police services to a political subdivision or
any officer of the Pennsylvania State Police.
"Fire police officer." A firefighter who is a member of a
volunteer fire company nominated by the members of the
firefighter's company and confirmed by the chief elected
executive officer to perform traffic control and crowd control
duties at incident sites or local events.
"Incident." An event or condition which constitutes an
actual or imminent threat to public health and safety and public
or private property.
"Incident commander." The individual responsible for each
incident-related activity, including the development of
strategies and tactics and the ordering and releasing of
resources as provided under the National Incident Management
System.
"Municipality." A county, city, borough, incorporated town
or township. The term includes a council of governments,
including school districts, established by a county, city,
borough, incorporated town or township.
"Mutual aid." Mutual assistance and sharing of resources
among participating political subdivisions in the prevention of,
response to and recovery from threats to public health and
safety that are beyond the capability of an affected community
to respond to the threats.
"National Incident Management System." The National Incident
Management System established by the United States Department of
Homeland Security.
§ 7443. Nominations and confirmations.
(a) Nomination.--The membership of a local volunteer fire
company shall submit the name of a firefighter who is a member
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of the firefighter's company to the chief elected executive
officer of the local municipality for nomination as a fire
police officer.
(b) Confirmation.--The chief elected executive officer shall
confirm and swear fire police officers into office.
(c) Oath.--Individuals nominated and confirmed under this
section, before commencing any duties, shall take an oath in
writing before an individual authorized to administer oaths in
this Commonwealth, the form of which shall be substantially as
follows:
I, .... , do solemnly swear that I will support and defend
the Constitution of the United States and the
Constitution of the Commonwealth of Pennsylvania against
all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I take this
obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties upon which I am about to enter. I do
further swear that I do not advocate, nor am I a member
or an affiliate of any organization, group or combination
of persons that advocates, the overthrow of the
government of the United States or of this Commonwealth
by force or violence and that during the time that as I
am a member of the fire police I will not advocate, nor
become a member nor an affiliate of any organization,
group or combination of persons that advocates, the
overthrow of the government of the United States or of
this Commonwealth by force of violence.
§ 7444. Qualifications.
(a) Citizenship required.--A person may not be nominated,
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affirmed or sworn as a fire police officer under this subchapter
who:
(1) is not a citizen of the United States;
(2) advocates or has advocated a change by force of
violence in the constitutional form of government of the
United States or of this Commonwealth or the overthrow of a
government in the United States by force or violence; or
(3) has been convicted of or is under indictment or
information charging any subversive act against the United
States or felony.
(b) Training.--Each individual nominated under this section
shall, before commencing any duty, satisfactorily complete all
training as prescribed by the chief law enforcement officer of
the municipality.
(c) Outerwear.--Each fire police officer shall wear a
distinctive vest, hat or uniform while on duty, in compliance
with nationally accepted standards, and shall display a badge of
authority.
§ 7445. Organization.
(a) Events.--Fire police officers acting at local functions,
parades and community events or incidents where they are
properly dispatched by a public safety answering point as
defined under section 5302 (relating to definitions) shall be
under the direction and control of the chief elected executive
officer of the municipality or the State or municipal police
authority which has jurisdiction over the event or incident.
(b) Authority.--Fire police officers shall serve at the
pleasure of the chief elected executive officer of the
municipality or the Pennsylvania State Police. Fire police
officers are subject to the authority of the incident commander
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while on active duty.
(c) Duties of municipality.--Each local municipality shall
be responsible for providing uniforms, safety equipment and
traffic control devices necessary for fire police officers to
perform their duties.
(d) Temporary fire police officers.--A local municipality
may appoint temporary fire police officers in the event of an
emergency.
§ 7446. Powers and duties.
Fire police officers shall have the following powers and
duties:
(1) To regulate traffic and keep crowds under control at
any function, event or parade conducted by the local
municipality or at or in the vicinity of any incident site on
which their companies are in attendance.
(2) To perform duties authorized under this subchapter
without prior request from the municipality until the arrival
of the incident commander.
(3) To exercise other police powers necessary in order
to facilitate and prevent interference with the work of
emergency services and to protect both emergency service
personnel and the general public.
(4) To act within the scope of the authority of fire
police officers until appropriate law enforcement officials
assume responsibility for the incident or until the incident
commander no longer requires the assistance of the fire
police officers.
(5) To act with the same powers necessary to perform
duties when functioning as fire police officers under the
auspices of an organization other than their local volunteer
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fire company. The request to perform the duties shall be made
by the governing body of the municipality in which the event
is conducted.
(6) To provide mutual aid or attend an incident on
special duty in another municipality under the operational
control of the appropriate officials within the incident
management system of the requesting municipality. The
incident commander shall have overall authority and
responsibility for conducting incident operations and shall
be responsible for the management of all incident operations
at the incident site. Fire police officers shall act with the
same powers and authority as in the municipality by which the
fire police officers are appointed.
§ 7447. Employment.
An individual functioning as a fire police officer under this
subchapter shall be deemed to be performing the duties of the
fire police officer's employment.
§ 7448. Firearms.
This subchapter shall not be construed to grant fire police
officers the right or power to use firearms or other weapons in
the exercise of fire police officer powers granted under this
subchapter.
Section 3. This act shall take effect immediately.
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