Volunteer Fire Department’s Fire Police

The fire fighter passed away shortly after he suffered a cardiac arrest while working traffic control at the scene of a motor vehicle accident.

Another fire fighter on a different date and at a different location responded to a report of a vehicle into a power pole. Upon his arrival on scene, he was assigned to assist with traffic control. The incident was terminated and the fire fighter cleared the incident scene. A day later, the local fire department and EMS were summoned to the fire fighter's residence and found him unable to ambulate or speak. Care was initiated and he was transported to the local hospital where he was diagnosed as having suffered an inter-cranial bleed. He was then transferred to a larger hospital where he underwent surgery. Two days after being assigned to assist with traffic control he succumbed to his injuries.

Both deaths were caused due to stress and overexertion. One fire fighter was age 62, the other fire fighter was age 72 and both are part of the 80 Line of Duty Deaths (LODD) for 2009 to date. Both fire fighters were performing Fire Police duties on the fire call.

Though it’s not physically demanding as a fire fighter that’s loaded down with equipment while pulling the hose to fight a fire, being assigned as a Fire Police officer at a fire/accident scene to perform traffic control is just as dangerous as well as stressful.

Fire Police training is conducted to allow fire fighters to perform more effectively. Training usually includes defining and interpreting terms, oath of office, relation to regular police officers, general duties, maintaining safe conditions at an emergency, traffic direction and control, pre-planning, and various laws of interest to the fire service.

Fire fighters that perform Fire Police duties are authorized to regulate and direct traffic at the scene of a fire or accident.

In New York State there are laws that give such authorization. Here is an example of one of those laws…

The New York Court of Appeals in People v. Loren held that Vehicle and Traffic Law (VTL) § 1102 permits a fire chief to empower subordinate firefighters to regulate and direct traffic at the scene of a fire or accident.

On December 17, 2003, the Village of Poland Volunteer Fire Department responded to an automobile accident. The fire chief ordered two firefighters to close the road. The two firefighters set up a roadblock using flares and one of the firefighter’s personal vehicle, with its blue emergency lights turned on. One of the firefighters was dressed in full firefighter’s "turn out" gear, and the other wore a green fluorescent vest and was holding an orange highway flag. The defendant drove around a roadblock, ignoring the firefighters’ order to stop. The firefighters called the State Police who subsequently went to the defendant’s residence and issued him a ticket for violating VTL § 1102. VTL § 1102 states that "no person shall fail or refuse to comply with any lawful order or direction of any police officer or flag person or other person duly empowered to regulate traffic." The defendant argued before the Village Court that he did not violate VTL § 1102 because volunteer firefighters are not empowered to regulate traffic. The Village Court found that the defendant violated VTL § 1102 based on the understanding that a fire chief has authority to direct traffic at the scene of an emergency and can delegate this responsibility to subordinates. The County Court affirmed the decision of the Village Court and the Court of Appeals subsequently affirmed.

The issue in the Loren case was whether volunteer firefighters are "persons duly empowered to regulate traffic" under VTL § 1102. The Court of Appeals held that volunteer firefighters may direct traffic at fire scenes and accidents when delegated such authority by the fire chief pursuant to VTL § 1602. Section 1602(b) states that:

[i]n the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians or property: any police officer or other person empowered to regulate traffic at the scene may, to the extent authorized by local law . . . direct traffic as conditions may require.

The Court acknowledged that a fire chief’s responsibility to coordinate the fire department’s response to an emergency includes: protecting the public while keeping the public from obstructing the fire department’s mission.

The Court determined that the two volunteer firefighters were "duly empowered to regulate traffic" under VTL § 1102 because they were acting under instructions from the fire chief. The Court reasoned that fire chiefs may delegate their VTL § 1602 authority to regulate to their subordinates. A fire chief has exclusive control over the members of the fire department at all fires, inspections, reviews and other occasions when the fire department is on duty or parade. Town Law § 176-a; Village Law § 10-1018. The Court interpreted this control as authorizing "firefighters to undertake tasks critical to public safety, such as diverting traffic away from the scene of a fire or dangerous accident." People v. Loren, 4 N.Y.3d at 411 (2005).

Historically, fire police are used by fire departments to regulate and direct traffic at the scene of a fire or accident.1 Inf. Op. A.G. 134 (1966); Op. Compt. 61-328. The Loren case expands a fire department’s ability to regulate and direct traffic by holding that duly empowered firefighters, who are not fire police, can regulate and direct traffic at the scene of a fire or accident. A fire department’s authority and responsibility is tied to fire manic functions and its members, including fire police, are limited to responding to a fire or accident when directed by the fire chief or fire department. Op. Compt. 79-853; Inf. Op. A.G. 103 (1975). The Court’s finding that firefighters can regulate traffic at the direction of the fire chief, without needing fire police designation, enhances a firefighter’s ability to assist at the scene of an accident to provide for public safety. The Attorney General, in a 1975 opinion, stated that "members of the [fire police] squad do not have the exclusive authority to direct traffic, and any member of the volunteer fire department may, direct traffic to assist in controlling and extinguishing a fire." Inf. Op. A.G. 103 (1975).

This case enables fire chiefs to delegate authority to firefighters to control traffic at a fire,accident or other emergency. Motorists who refuse to obey the orders of a firefighter delegated with the authority to control traffic at a fire, accident or other emergency may find themselves confronted with a VTL § 1102 violation.

1Under General Municipal Law § 209-c, fire police squads are created within a volunteer fire department and when exercising their duties and responsibilities have the powers and status of peace officers. See Criminal Procedure Law § 2.10(41). Fire police squads have the same authority as police officers to regulate traffic at the scene of a fire or other emergency under VTL § 1602. VTL § 132 defines police officer to include peace officers designated pursuant to Article 2 of the Criminal Procedure Law. Criminal Procedure Law § 2.10(41) designates members of fire police squads as peace officers.

In New York State, Fire Police are active fire company members that are sworn Peace Officers. I’m sure this is the same with other Volunteer Fire Departments in other states that have Fire Police.

Fire Police are members of a specialized fire police squad within the fire company assigned to respond to emergency calls for the purpose of scene security. They receive special training and are responsible for traffic control, crowd control and fire and incident scene security during calls for service.

While the primary role of the Fire Police is scene security and to provide support for operational needs. They also assist regular Police when needed performing road closures, traffic control, crowd control at public events, missing persons searches, parade details and whatever the chief or officer in charge deems necessary for emergency incident mitigation.

Many of the above tasks also fall within the area of responsibility of the Police, but Fire Police when on the scene may allow the Police to concentrate on other more specific areas of expertise.

New York State Laws that give Fire Police their powers

Criminal Procedure Law Article 2 Section 2.10 sub 41:
fire police designated as peace officers;

General Municipal Law Section 209-c:
Organizing fire police squads within fire departments or fire companies, having the powers of and rendering services as peace officers, the duty and function of a squad and the powers of squad members.

Vehicle and Traffic Law, Section 1602, Emergency Rule Subsection (a):

Authority of Fire Police to close streets and roads for the diversion of traffic

Vehicle and Traffic Law Section 1102:

Obedience to Police Officers and Flag Persons - No person shall fail to refuse to comply with any lawful order or direction or any police officer or flag person or other person duly empowered to regulate traffic.

Vehicle and Traffic Law Section 1217:

Following Emergency Fire Vehicles Prohibited - The driver of any vehicle other than one on official business shall not follow any authorized emergency fire vehicle in the same lane or adjacent lane to the one being used by such fire vehicle at a distance closer than 200 feet while such vehicle is displaying (emergency lights) nor shall such driver drive into or park his vehicle within the block or where there is no block, within one thousand feet of where such fire vehicle has stopped in answer to a fire alarm.

Vehicle and Traffic Law Section 1218:

Crossing Fire Hose - No vehicle shall be driven over any unprotected hose of fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

Fire Police are in place to keep both the general public and emergency personnel safe.

(The usual disclaimers: I am not a journalist; This is a blog that expresses an outlook and is not conclusive in any shape or manner.)