Title 35 VOLUNTEER FIREFIGHTERS Sec. Special Provisions in Appendix. See section 7(b.1)(2) of Act 118 of 2010 in
the appendix to this title for special provisions relating to continuation of
prior law. Cross References. Section 7431 is referred to in section 7433 of this title.
Health and Welfare
Chapter 74
SUBCHAPTER D
SPECIAL FIRE POLICE
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.
Cross References. Subchapter D is referred to in sections 7431, 7434, 7435, 7436
of this title.
§ 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 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 they are serving, or, if none, of a member of
the Pennsylvania State Police.