Pennsylvania Fire Police – Legal Cases and History

While Fire Departments were created in the 1700’s, they weren’t recognized in the Court System until the mid 1800s.

Fire Police were apparently used in the late 19th century; however, the law for their creation was Act 137 of 1941.

Act 1317 of 1949 added the ability of Fire Police to function as such during parades, accidents, floods and other emergencies.

Act 656 of 1959 added the phrase ‘…or at any public function conducted by or under the auspices of any volunteer fire company.’

Act 122 of 1980 renamed a burgess of a borough to mayor, and added the prohibition of using weapons in the exercise of fire police powers.

Act 1181 of 2010 simply and specifically was done to reformat the existing law to match the rest of Chapter 74.

The most current Oath of Office is listed in Act 76 of 2008.

Chapter 11 of Title 53 of the Pennsylvania - Subchapter D, Miscellaneous Provisions

1141. Form of oaths of office.

Whenever an elected or appointed official of a municipality is required to take, subscribe or file an oath or affirmation of office, the oath or affirmation shall be in the form prescribed in this section, as follows:

“I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity.”

Coroner’s Act – Title 16, County Code, Addition of Section 1240 Bodies to Be Moved Act 323 of 1955, August 9, 1955. As amended 1990, Nov. 29, P.L. 602, No. 152, Sec. 3

SECTION 1240 - BODIES NOT TO BE MOVED

In all cases where the coroner has jurisdiction to investigate the facts and circumstances of death, the body and its surroundings shall be left untouched until the coroner has had a view thereof or until he shall otherwise direct or authorize, except as may be otherwise provided by law, or as circumstances may require. Bodies upon a public thoroughfare or in other places may be removed so much as is necessary for precaution against traffic accidents or other serious consequences which might reasonably be anticipated if they were left intact.

Human Relations Act – Harmony Volunteer Fire Company and Relief Association v Commonwealth of Pennsylvania Human Relations Commission, 73 Pa Cmwlth 596, 459 A 2d 439, 1983. A Fire Department IS an employer under the meaning of “employer” in the Human Relations Act.

In this case starting February 1979, a female wished to join the Fire Department. The By-Laws only allowed males. When rejected at the March 1979 meeting, she sued under the provisions of being denied because of gender. She won.

Springdale Volunteer Fire Department v Stoup, 5 D & C 2d 609

The Boro Burgess (mayor) refused to swear in a person nominated by the Fire Department for the office of Fire Police. The mayor had sworn others in; however, felt the particular person in question was not acceptable to the position. The Court ruled that the mayor is in control of the police, and the police are in control of the Fire Police, therefore, this was not only reasonable for the mayor to refuse but was his duty and obligation to do so if the person is not deemed fit.

Tyrone Fire Patrol Company v Tyrone Boro, 92 A 3d 79, 2014; WL 1133290; Fire Police can be removed at the Boro’s discretion.

In this case, the Fire Patrol was Fire Police from two separate Boro FDs. Three members of this group unilaterally changed the name of the Boro entity (to apply for grants) and then changed the locks. The FDs complained that the other Fire Police could not access the equipment. When removed by the Boro, they fought this, claiming as employees they have a right to a hearing, etc. The court ruled against all three. Also, the court noted that since the FDs expelled them, they were no longer “members of a volunteer fire company” as required by the Fire Police Act…

Commonwealth v McGinnis, 336 Pa Super 601, reversed by 511 Pa 520. On 2/16/83, Michael William McGinnis drove over a fire hose – the coupling caught on the undercarriage thus dragging it. Fire Police stopped McGinnis and asked for ID. McGinnis became abusive and swore at the FPO. Nearby police were summoned who subsequently arrested McGinnis for DUI – based on the observation of the FPO that McGinnis was driving and ran over the hose. The stop by Fire Police (listed as “firefighers” in the Supreme Court version) was not challenged. [The breathalyzer used by police was faulty; thus, the Supreme Court had to reverse the conviction. That said, the stop by Fire Police was never questioned]

On July 12, 1997, a Fire Police Officer, Ken Zeigler, was assigned to provide pedestrian and crowd control for a building demolition. Zeigler was sitting in his POV in uniform at the site with an off-duty, non-uniformed, Fire Police Officer. Pedestrian Paul Arthur Laney came up to the men and asked for cigarettes and were rebuffed. Laney walked away then shot multiple times into Zeigler’s car, hitting Zeigler and causing him to lose an eye. Laney challenged several things at his trial; however, at no point was the Fire Police usage, conduct, or anything else called into question. Laney was convicted in trail and upheld on appeal. 729 A 2d 598 decided 4/6/99. [It should be noted that when police arrived and roped off the crowd, Laney was in the crowd. Laney yelled “the motherfucker deserved to be shot” and “Fuck the Police”. Laney was charged and convicted for DC for this]


Worker’s Compensation – line of duty injury or death

Badolato v Boro of Berwick 135 Pa Super 416; 5 A 2d 645, decided 1939

Badolato responding to call in POV, wrecked, injured hand, claim denied. Courts reversed denial as Badolato was responding to a call.

North Lebanon Twp v Workers Compensation Appeals Board (WCAB), 829 A 2d 394, decided 7/18/03.

Calvin Harbaugh, a Fire Police Officer (FPO) of Ebeneezer FD (North Lebanon Twp) had a history of cardiac problems. One day he’s chatting with a friend who is also an FPO of Ebeneezer plus an FPO of Neversink FD when Neversink is dispatched to a crash. Harbaugh asked his friend if he needed help (daytime, weekday crash) and the friend said “always!”. Upon arrival to the scene, the Neversink FD Lieutenant assigned each to a TCP at opposite ends of the crash (close the road). After an hour, Harbaugh collapsed and died.

North Lebanon Twp Ass’t Township Manager said the FPO was working outside the scope of his employment with their Township.

The County EMA Coordinator testified there are mutual aid agreements in place.

Both the friend and the Neversink FD Lt testified that the accident required response of trained emergency personnel and it occurred at a time of day and in a juridsiction where there was a general shortage of such personnel. In responding, Harbaugh employed his special training as a volunteer FPO with North Lebanon Twp at the scene.

Because of the mutual aid agreements, North Lebanon Twp was ordered to pay the claim.