What are the Delaware State Fire Police? 

What does a fire police officer do?

 

Delaware State Fire Police Member John Hall of the Millsboro Fire Company said most people are not aware of the role of volunteer fire police at emergency scenes. In addition, he said, "most people are not aware that fire police have arrest power while in service. We are authorized to keep people away from the emergency incident scene to make it safe for the first responders to do their job duties and responsibilities,” he said.

The Delaware State Fire Police respond with fire departments at fire and vehicle crash scenes. Under state law, he said, motorists are required to move over when being approached by fire police vehicles using blue flashing lights.

The Delaware State Fire Police Officers are volunteer fire brigade/company members who based upon their jurisdictional authority, receive sworn police powers, special training, and support firefighting efforts at emergency incidents.

The Delaware State Fire School provides training for the Delaware State Fire Police Officer to obtain the basic knowledge to perform the duties of a duly sworn Fire Police Officer in the State. The training, in addition to any company required training, will give you the knowledge of the duties of the Fire Police Officer, the laws and regulations surrounding the Fire Police Officer, and the roles and responsibilities to effectively and safely direct traffic at fire and emergency incidents in the State.

Title 16 Delaware Code – Laws of the State of Delaware

CHAPTER 67. Authority of Fire Departments and Fire Police Within the State

§ 6701 Appointment of fire police; oath of office.

(a) Any duly organized fire company or substation (outside the City of Wilmington) may provide for the appointment of not more than 6 of its members to perform police duties at fires, fire drills and any emergencies or functions covered by the fire company for a term to be fixed by the fire company.

(b) The members selected by the fire company as fire police shall, before entering upon their duties, qualify by taking and subscribing an oath that they will justly, impartially and faithfully discharge their duties according to the best of their ability and understanding. The oath shall be administered by the sheriff of the county in which the fire company making the appointment is located and shall be subscribed by the member appointed as a fire police officer in duplicate. The original copy of the oath shall be filed with the sheriff of the county in which the fire company making the appointment is located and a copy thereof filed with the secretary of the fire company making the appointment.

§ 6701A Authority of fire officers-in-charge.

While any duly constituted fire department recognized by the Delaware State Fire Prevention Commission is responding to, operating at or returning from a fire, service call or other emergency, the fire chief, any other elected or appointed fire line officer or any member serving the capacity of fire officer-in-charge shall have the authority:

(1) Of controlling and directing the activities at such scene;

(2) To order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury;

(3) To blockade any public highway, street or private right-of-way temporarily while at such scene;

(4) To trespass at any time of the day or night without liability while at such scene;

(5) 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;

(6) 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;

(7) To inspect for preplanning all buildings, structures or other places in their fire district excepting, however, the interior of a private dwelling, where any combustible material, including waste paper, rags, shaving, waste, leather, rubber, crates, boxes, barrels, rubbish or other combustible material that is or may become dangerous as a fire menace to such building or buildings, structure or other places has been allowed to accumulate or where such chief or the chief’s designated representative has reason to believe that such material of a combustible nature has accumulated or is liable to be accumulated;

(8) To direct without liability the removal or destroying of any fence, house, motor vehicle or other thing which the chief may judge necessary to be pulled down or destroyed, to prevent the further spread of the fire;

(9) To request and be supplied with additional materials such as sand, treatments, chemicals, etc., and special equipment when it is deemed a necessity, to prevent the further spread of the fire or hazardous condition, the cost of which to be borne by such property owner;

(10) 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;

(11) To take command of all industrial management, fire brigades or fire chiefs whenever the chief’s company or department is called to respond to such; if in the chief’s opinion such action is in the interest of public safety;

(12) In the event of an incident involving a hazardous substance, to transfer command to a state or federal emergency response team in accordance with the State Hazardous Substance Incident Contingency Plan.

§ 6702 Territorial jurisdiction of fire police.

(a) A member of a fire company who has been appointed and qualified as a fire police officer may thereafter, for the term of the member’s appointment, act as such anywhere in the county in which the fire company making the appointment is located or in any other county of the State in which the member is called upon to act.

(b) Subject to prior written approval by the fire chief, a fire police officer may be granted permission to:

(1) Assist the fire officer-in-charge, and also assist law enforcement officers as defined in § 9200(b) of Title 11, anywhere within the State;

(2) Assist the fire officer-in-charge, and also assist law enforcement officers in out-of-state districts bordering the State, with authority of the bordering district;

(3) Assist at the scene of any potential emergency incident encountered by the fire police officer, and to remain on duty until released by the authorized fire officer or law enforcement officer in charge; and

(4) Perform other special duties as may be requested and approved by the fire chief.

§ 6703 Supervision by fire officer.

A fire police officer, subject to § 6702(b) of this title, shall perform the fire police officer’s duties under the supervision of the fire officer-in-charge of the scene of a fire, fire drill or other emergency, or in the absence of a fire officer-in-charge, under the supervision of the law enforcement officer in charge of the scene.

§ 6704 Duties.

The duties of a fire police officer, subject to the supervision of the fire officer in charge, are to:

(1) Protect the contents of buildings and all other property affected by any fire or fire drill;

(2) Establish and maintain fire lines;

(3) Perform such traffic duties as are necessary;

(4) Wear a fire police badge, to be designed and authorized by the Delaware Volunteer Firefighter’s Association, on the left breast of the outermost garment while on duty.

§ 6705 Powers as superseding authorized police officers.

Nothing contained in this chapter shall be construed to allow or permit the fire police, or any of them, to supersede the authority of a duly authorized police officer.

§ 6706 Arresting power.

If any person unreasonably refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties, such person may be held under arrest by the fire police officer until the fire at which the fire police officer is called upon to act is extinguished or the fire drill completed at which time the fire police shall take the arrested person before a justice of the peace and charge the arrested person with failure to obey the order of a fire police officer.

§ 6707 Penalty for refusal to obey orders of fire police officer.

Whoever refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties shall be fined no less than $25 and no more than $50.

Prosecutions for violations of this section shall be before a justice of the peace.

You may review additional information regarding the Delaware State Fire Police via the following link:  http://dvfassn.com/associations.cfm?id=32.