Firefighter’s Right of Entry
This month in Firehouse Magazine, my Fire Law column Can a Homeowner Just Say No focused on the right of firefighters to enter onto someone’s property with or without their permission to investigate and extinguish a fire.
From the phone calls, emails and comments I have received, the column touched on a topic of great interest to many firefighters.
A number of you have written to me asking for your state’s laws on the subject. I spent four hours yesterday doing that kind of research for several states and it only scratched the surface.
The problem is – there is only so much time in the day – so here is what I propose: Send in your state’s right of entry law – post it here as a comment and we will have a solid collection of them here for ready reference to share with brother and sister firefighters.
As the article pointed out, many states have statutes that authorize entry by firefighters. In other states the right is authorized on a local level by ordinances. In addition – in many states the right is recognized by case law.
Here is Rhode Island’s Law. Let’s see how many states and jurisdictions we can locate.
RIGL § 23-37-1 Police authority of fire company officers at fire – Right of entry. The chief, chief engineer, assistant engineer, captain, lieutenant or any other executive officer of any…organization organized or created for the purpose of extinguishing fires and preventing fire hazards…in response to an alarm for such a fire shall, in the absence of the chief of police, have the power to suppress any tumult or disorder and to command from the inhabitants of the city or town all needful assistance for the suppression of fires and in the preservation of property exposed to fire; the officers above enumerated shall also have authority to go onto and enter any property or premises and to do whatever may reasonably be necessary in the performance of their duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto.
Whether it is a statute, ordinance or case – let us know what your state says about a firefighter’s right to enter.
Here is a local ordinance from Parowan, Utah:
6‑1‑6. Right to Enter Premises. The members of the Fire Department shall have the right to enter upon any premises for the purpose of investigating, extinguishing, or controlling fires.
New Hampshire State Law
CHAPTER 154
FIREWARDS, FIREFIGHTERS, AND FIRE HAZARDS
Firewards, Fire Chiefs and Fire Departments; Organization, Powers and Duties
Section 154:7
154:7 Authority of Fire Officer in Charge. –
I. Terms used in this section shall be construed as follows, unless a different meaning is clearly apparent from the language or context, or is otherwise inconsistent with the manifest intention of the legislature.
(a) “Fire” shall include any and all effects of combustion.
(b) “Service call” shall include any request for the services of the fire department which involves a non-emergency.
(c) “Other emergency” shall include any other real emergency which does not directly involve the extinguishment of an actual fire; except that with respect to a propelled vehicle accident on or immediately adjacent to a way as defined in RSA 259:125 the term is limited to:
(1) An accident involving the transportation of any hazardous material as defined in Title 49 of the Code of Federal Regulations.
(2) An accident involving the spillage of fuel.
(3) An accident involving injury to persons in places where the fire department is responsible for the provision of emergency medical services.
(d) “Fire officer in charge” shall include the fire chief or any other elected or appointed fire officer or any member serving in the capacity of fire officer in charge.
(e) “Police officer” shall include any constable or other officer authorized to make arrests or serve process who is invested by law with authority to direct, control or regulate traffic.
II. While any duly constituted fire department recognized by the state fire marshal is responding to or operating at a fire, service call or other emergency, the fire officer in charge shall have the following authority:
(a) To control and direct the activities at such scene.
(b) To order any persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury or remove persons interfering with duties.
(c) To blockade any public highway, street or private right-of-way temporarily while at such scene.
(d) To trespass at any time of the day or night without liability while at such scene.
(e) To enter any building, including private dwellings, or upon any premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire.
(f) To enter any building, including private dwellings, or premises near the scene of the fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire which is in progress in another building or premises.
(g) To direct without liability the removal or destruction of any fence, house, buildings, vehicle or other thing which the fire officer in charge may judge necessary to prevent the further spread of the fire.
(h) To request and be supplied materials such as sand, treatments, chemicals and special equipment when it is deemed a necessity, to prevent the further spread of the fire.
(i) To order disengagement or discouplement of any convoy, caravan or train of vehicles, craft or railway cars if deemed a necessity in the interest of safety of persons or property.
(j) To direct industrial management or other personnel and equipment within the jurisdiction of the fire officer in charge whenever such officer’s company or department is called to respond to such, if in the officer’s opinion such action is in the interest of public safety.
(k) Upon request, to apprise the state fire marshal, or designee, of all hazardous materials incidents and to keep the state fire marshal or designee informed of the situation. The state fire marshal or designee shall take control of a hazardous materials incident upon the request of the local fire chief or fire official in charge, or if the state fire marshal or designee believes that the welfare of the public is not being appropriately served. Upon assuming control of a hazardous materials incident, the state fire marshal or designee shall have all of the authority outlined in this chapter.
III. Except as provided in RSA 154:7-a, the police officer in charge shall have authority to direct police officers at the scene to direct, control and regulate traffic, to gather investigative information, and to preserve and collect evidence, subject to the authority conferred upon the fire officer in charge by this section.
Source. RS 111:2. CS 114:2. GS 96:3. GL 106:3. PS 115:6. PL 146:6. RL 175:6. RSA 154:7. 1975, 443:6. 1979, 344:6. 1983, 393:6. 1989, 309:2. 1992, 154:6, 7. 1998, 318:15, 16, eff. Aug. 25, 1998.
Thanks Tim!!!!
This is from the State of Maine. It is not as clear as RI or NH but the intent is similar:
§3153. Fire chiefs
3. Powers. The fire chief may:
…
C. Obtain assistance from persons at the scene of a fire to extinguish the fire and protect persons and property from injury; and
D. Pull down and demolish structures and appurtenances if the fire chief judges it necessary to prevent the spread of fire.
Note: kind of hard to “Pull down and demolish” if you do not have a right to enter….
State of Michigan, Act 207 of 1941.
http://legislature.mi.gov/doc.aspx?mcl-act-207-of-1941
FIRE PREVENTION CODE (EXCERPT)
Act 207 of 1941
http://legislature.mi.gov/doc.aspx?mcl-29-7a
29.7a Conditions dangerous to persons or property; restrictions and requirements; investigation of causes and effects.
Sec. 7a.
(1) If the state fire marshal or the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and directions of the commanding officer determines a dangerous condition exists, the state fire marshal, the commanding officer of the fire department of a city, village, township, or county, or the fire fighter in uniform acting under the orders and direction of the commanding officer upon finding an emergency condition dangerous to persons or property, may take all necessary steps and prescribe all necessary restrictions and requirements to protect persons and property until the dangerous condition is abated.
(2) The state fire marshal, the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and directions of the commanding officer, responding to a fire or emergency call, who, upon arriving at the scene of a fire or emergency, finds a condition dangerous to persons or property, may take all necessary steps and requirements to protect persons and property until the dangerous condition is abated.
(3) The state fire marshal or the commanding officer of the fire department of a city, village, township, or county, or a fire fighter in uniform acting under the orders and direction of the commanding officer may investigate causes and effects related to dangerous conditions.
History: Add. 1952, Act 26, Eff. Sept. 18, 1952 ;– Am. 1965, Act 200, Imd. Eff. July 16, 1965 ;– Am. 1968, Act 321, Imd. Eff. July 3, 1968 ;– Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974 ;– Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978
Compiler’s Notes: For transfer of certain authority, powers, functions, and responsibilities of the state fire marshal and the fire marshal division of the department of state police to the director of the department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Thanks Robert!!!
Of course all of this is subject to the 4th amendment!
having trouble finding Mayland
http://osfm.fire.ca.gov/firelaws/firelaw.php
California’s Fire related laws reference list. Doesn’t specifically address right of entry but is a GREAT reference for laws pertaining to fire and EMS in California.
Does anybody know what the law is in California?
Thanks!
(Years later) The California Fire Code, which is Title 24 of the Calif Code of Regulations, covers it in Section 104.11 “Authority at fires and other emergencies. The fire chief or officer of the fire department in charge at the
scene of a fire or other emergency involving the protection of life or property, or any part thereof….[and] is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof…”
and
“104.11.2 Obstructing operations. No person shall obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.”
It’s a huge document, but those sections are about 55 pages down, in
https://law.resource.org/pub/us/code/bsc.ca.gov/gov.ca.bsc.2013.09.pdf