Code of Virginia - Title 27 Fire Protection - Section 27-15.1 Authority of chief, director or other officer in charge when answering alarm or operating at an eme...

§ 27-15.1. Authority of chief, director or other officer in charge when answering alarm or operating at an eme...

While any fire/EMS department or fire/EMS company is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials which threaten life or property and returning to the station, the chief, director, or other officer in charge of such fire/EMS department or company at that time shall have the authority to: (i) maintain order at such emergency incident or its vicinity, (ii) direct the actions of the fire fighters or emergency medical services personnel at the incident, (iii) notwithstanding the provisions of §§ 46.2-888 through 46.2-891, keep bystanders or other persons at a safe distance from the incident and emergency equipment, (iv) facilitate the speedy movement and operation of emergency equipment and fire fighters or emergency medical services personnel, (v) cause an investigation to be made into the origin and cause of the incident, and (vi) until the arrival of a police officer, direct and control traffic in person or by deputy and facilitate the movement of traffic. The fire chief, director, or other officer in charge shall display his fire fighter's or emergency medical services personnel's badge, or other proper means of identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire/EMS station. Any person or persons refusing to obey the orders of the chief, director, or his deputies or other officer in charge at that time shall be guilty of a Class 4 misdemeanor. The chief, director, or other officer in charge shall have the power to make arrests for violation of the provisions of this section. The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident, nor to conflict with or diminish the lawful authority, duties and responsibilities of forest wardens, including but not limited to the provisions of Chapter 11 of Title 10.1. Personnel from the news media, such as the press, radio and television, when gathering the news may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the officer in charge, interfere with the fire/EMS department or fire fighters or emergency medical services personnel dealing with such emergencies, in which case the chief or other officer in charge may order such person from the scene of the emergency incident.

(1970, c. 187; 1977, c. 326; 1984, c. 644; 2001, c. 142; 2008, c. 410.)

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Last modified: April 16, 2009