Title 15Commerce and TradeRelease 119-73

§2233 Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies

Title 15 › Chapter CHAPTER 49— - FIRE PREVENTION AND CONTROL › § 2233

Last updated Apr 6, 2026|Official source

Summary

Stops people from being sued for money damages if they give qualified fire or rescue equipment to a volunteer fire company and the equipment later causes injury, property loss, or death. It does not protect someone who acted with gross negligence or on purpose to cause harm, the manufacturer of the equipment, or anyone who changed the equipment after it had been checked and certified to meet the maker’s specs. The law overrides conflicting state rules, but a State may still give donors more protection than this law provides. "Person" includes government bodies. "Fire control or rescue equipment" covers items like fire trucks, tools, radios, protective gear, hoses, and breathing gear. "Qualified" means the item was rechecked and certified by an authorized technician. A "volunteer fire company" is a fire group where at least 30 percent of members get little or no pay compared with the entry-level full-time pay in that group or the nearest similar group. An "authorized technician" is one certified by the equipment maker. The rule only applies to donations made on or after the date 30 days after March 9, 2006.

Full Legal Text

Title 15, §2233

Commerce and Trade — Source: USLM XML via OLRC

(a)A person who donates qualified fire control or rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment after the donation.
(b)Subsection (a) does not apply to a person if—
(1)the person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2)the person is the manufacturer of the qualified fire control or rescue equipment; or
(3)the person or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.
(c)This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company.
(d)In this section:
(1)The term “person” includes any governmental or other entity.
(2)The term “fire control or fire rescue equipment” includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.
(3)The term “qualified fire control or rescue equipment” means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications.
(4)The term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such State, territory, or possession.
(5)The term “volunteer fire company” means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual.
(6)The term “authorized technician” means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by the State or local agency administering the distribution of the fire control or fire rescue equipment.
(e)This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a), is donated on or after the date that is 30 days after March 9, 2006.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this chapter.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2233

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73