Title 15, Commerce and TradeRelease 119-110

§2233 Removal of Civil Liability Barriers That Discourage the Donation of Fire Equipment to Volunteer Fire Companies

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

Last updated Sep 22, 2026|Official source

Summary

People who donate fire or rescue gear that has been checked and approved by an authorized technician to a volunteer fire company are not liable in civil court for injuries, property damage, loss, or death caused by that gear after the donation. That protection does not apply if the donor acted with gross negligence or on purpose to cause harm, if the donor made the equipment, or if the donor or agency altered the gear after it was certified. Federal law overrides state rules that conflict with this, but it does not stop a State from giving even more protection to donors. Person — any individual or government or organization. Fire control or rescue equipment — things like fire trucks, tools, radios, protective gear, hoses, or breathing gear. Qualified equipment — equipment recertified by an authorized technician. State — includes U.S. States, territories, and their subdivisions. Volunteer fire company — a group that provides fire or emergency services with at least 30% of members paid little or nothing. Authorized technician — a technician certified by the equipment manufacturer to inspect it. The rule applies only to donations made on or after the date that is 30 days after March 9, 2006.

Full Legal Text

Title 15, §2233

Commerce and Trade, Source: USLM XML via OLRC

(a)Liability protection
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)Exceptions
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)Preemption
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)Definitions
In this section: (1) Person
(2)Fire control or rescue equipment
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)Qualified fire control or rescue equipment
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)State
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)Volunteer fire company
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)Authorized technician
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)Effective date
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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110