Property Owner Rights During Emergency

[blaster668]

I am a volunteer firefighter, and I'd like to know what authorization we have to trample on a property owners rights when there is a fire or other emergency situation? People at the fire dep't all say we can enter any property if there is a fire, etc.... even if the owner tells us not to.

Here is the only thing I can find that applies at all:

§ 5112. Obstructing emergency services.
(a) Offense defined.--A person commits a misdemeanor of the
third degree if he knowingly impedes, obstructs or interferes
with emergency services personnel providing emergency medical
services to an injured victim or performing rescue or
firefighting activities.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Emergency medical services." The services utilized in
responding to the needs of an individual for immediate medical
care in order to prevent loss of life or the aggravation of
physiological or psychological illness or injury.
"Emergency services personnel." A person, including a
trained volunteer or a member of the armed forces of the United
States or the National Guard, whose official or assigned
responsibilities include performing or directly supporting the
performance of emergency medical or rescue services or
firefighting.
"Rescue." The act of extricating persons from entrapment or
dangerous situations which pose the imminent threat of death or
serious bodily injury.
(Dec. 21, 1998, P.L.1240, No.157, eff. 60 days)

[d4xycrq]

Blaster,

You are welcome on my property any time you need. I have two ponds - feel free to fill your tankers. I'm sure my neighbor who has the fire will appreciate it. I'll come out and bring you coffee. If you need a bite to eat, don't hesitate to ask. I've got tools, gasoline, lighting equipment, generators. What's mine is yours. We'd be in big trouble around here if it were not for volunteer firemen.

Ray

[blaster668]

Blaster,

You are welcome on my property any time you need. I have two ponds - feel free to fill your tankers. I'm sure my neighbor who has the fire will appreciate it. I'll come out and bring you coffee. If you need a bite to eat, don't hesitate to ask. I've got tools, gasoline, lighting equipment, generators. What's mine is yours. We'd be in big trouble around here if it were not for volunteer firemen.

Ray

I appreciate it, and believe that most people feel this way. I'd still like to know if we actually have "authority" under the law to trespass on someones property if they do not want us there.

[justashooter]

you would have the right to enter upon private property to fight a fire or perform rescue operations if there is a clear and present danger to persons within or adjacent, or to property of another person adjacent, even if the property owner warns you to cease tresspass. you may even enter to remove the owner if his life is in jeopardy.

this gives you a lot of leeway, as fires can spread fast in the right conditions. public safety concern is the source of your empowerment. this also leaves you responsible to make reasonable judgements. you do not have a right to come into my farm to put out a trash fire if it's well seperated from structures or combustibles or otherwise contained. you would be liable in a civil suit if you did.

now for the story... several years ago the neighbor's kids were burning trash in a burn can made from half an oil tank adjacent a hillside that was in grass, high and dry. some flaming debris was pulled from the can by a gust of wind and ignited the grass. the grass ignited the entire hillside. winterstown showed up with a tanker and a brush truck, and i was on the hill with a shovel.

some punk kid "fireman" tried to tell me i had to leave "his area of operation". i told him that i was damned well staying, because the entire hillside belonged to me, from within 15 feet of the neighbor's back porch, and that he was on it at my discretion. i lost some decent hardwood that was girdled by the fire and considered suing the neighbor, but i never really had plans for the hillside, anyway.