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

Summary

People who give fire fighting or rescue equipment to a volunteer fire company are normally not legally responsible for injuries, property damage, or deaths caused by that equipment after they donate it. That protection does not apply if the donor’s act was grossly negligent or intentional; if the donor is the equipment’s manufacturer; or if the donor or agency changed the equipment after it had been recertified as meeting the maker’s specifications. This rule overrides any state law that conflicts with it, except it does not override state laws that give donors even more protection. It applies only to donations made on or after the date that is 30 days after March 9, 2006. Key terms: “person” means any government or other entity. “Fire control or rescue equipment” covers vehicles, tools, radios, protective gear, hoses, breathing gear, and similar items. “Qualified” equipment means it was recertified by an authorized technician. “State” includes the states, DC, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, other U.S. territories, and their local governments. “Volunteer fire company” means a fire or emergency group where at least 30% of members get little or no pay. “Authorized technician” is someone certified by the equipment’s maker to inspect it.