{"identifier":"/us/usc/t15/s2233","title":15,"num":"\u00a7\u202f2233.","heading":"Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies","text":"\u00a7\u202f2233.\nRemoval of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies\n(a)\nLiability protection\nA 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.\n(b)\nExceptions\nSubsection (a) does not apply to a person if\u2014\n(1) the person\u2019s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;\n(2) the person is the manufacturer of the qualified fire control or rescue equipment; or\n(3) the person or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer\u2019s specifications.\n(c)\nPreemption\nThis 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.\n(d)\nDefinitions\nIn this section:\n(1)\nPerson\nThe term \u201cperson\u201d includes any governmental or other entity.\n(2)\nFire control or rescue equipment\nThe term \u201cfire control or fire rescue equipment\u201d includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.\n(3)\nQualified fire control or rescue equipment\nThe term \u201cqualified fire control or rescue equipment\u201d means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer\u2019s specifications.\n(4)\nState\nThe term \u201cState\u201d 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.\n(5)\nVolunteer fire company\nThe term \u201cvolunteer fire company\u201d 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.\n(6)\nAuthorized technician\nThe term \u201cauthorized technician\u201d 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.\n(e)\nEffective date\nThis 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\nMarch 9, 2006","url":"https://projectusc.org/usc/t15/s2233.html","content":[{"t":"sec","id":"/us/usc/t15/s2233","children":[{"t":"num","text":"\u00a7\u202f2233."},{"t":"heading","text":"Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies"},{"t":"subsec","id":"/us/usc/t15/s2233/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Liability protection"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s2233/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Exceptions"},{"t":"chapeau","text":"Subsection (a) does not apply to a person if\u2014"},{"t":"para","id":"/us/usc/t15/s2233/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the person\u2019s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the person is the manufacturer of the qualified fire control or rescue equipment; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the person or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer\u2019s specifications.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s2233/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Preemption"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s2233/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t15/s2233/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d includes any governmental or other entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Fire control or rescue equipment"},{"t":"content","children":[{"t":"p","text":"The term \u201cfire control or fire rescue equipment\u201d includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Qualified fire control or rescue equipment"},{"t":"content","children":[{"t":"p","text":"The term \u201cqualified fire control or rescue equipment\u201d means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer\u2019s specifications.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Volunteer fire company"},{"t":"content","children":[{"t":"p","text":"The term \u201cvolunteer fire company\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s2233/d/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Authorized technician"},{"t":"content","children":[{"t":"p","text":"The term \u201cauthorized technician\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s2233/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Effective date"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"text","text":"March 9, 2006","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}