New York State Fire Police Authority and Verification Guide

Core Statutory Authority

• General Municipal Law (GMU) § 209-c
  Authorizes Fire Police squads and grants peace officer powers while on duty or responding on orders of the chief.
  View Full Statute
• Criminal Procedure Law (CPL) § 2.10(41)
  Designates members of organized Fire Police squads as peace officers.
  View Full Statute
• Criminal Procedure Law (CPL) § 2.20
  

  Powers of peace officers when acting pursuant to special duties include:

  • Warrantless arrests (CPL § 140.25)
  View Full Statute (CPL § 140.25)View Full Statute (CPL § 140.27)
  • Use of physical force and deadly physical force (Penal Law § 35.30)
  View Full Statute (Penal Law § 35.30)
  • Constitutionally permissible searches
  • Issuance of appearance tickets (CPL § 150.20)
  View Full Statute (CPL § 150.20)
  • Any other power authorized by general, special, or local law
  View Full Statute (CPL § 2.20)

  Traffic Control Authority

  • Vehicle and Traffic Law (VTL) § 132
    Fire Police qualify as “police officer” when acting pursuant to special duties. This authority supersedes traffic control devices when directing traffic at emergency scenes.
    View Full Statute
  • Vehicle and Traffic Law (VTL) § 1602
    Authority to regulate, direct, and control traffic at fires, accidents, and emergencies for public safety.
    View Full Statute

  Emergency Scene Traffic Enforcement

  While performing official duties at an emergency scene, Fire Police may direct motorists and pedestrians as necessary to ensure scene safety and maintain emergency operations.

  Applicable violations may include:

  • Failure to obey lawful traffic directions or emergency instructions — VTL § 1102 | VTL § 1144
  • Reckless driving — VTL § 1212
  • Approaching or passing a parked, stopped, or standing authorized emergency vehicle — VTL § 1144-a
  • Due care when approaching or passing a stationary emergency vehicle — VTL § 1146
  • Failure to slow down or move over for emergency vehicles — VTL § 1144
  • Speed restrictions and work zone violations — VTL § 1180

  Failure to comply with lawful traffic directions at and emergency scene may result in enforcement action, including the issuance of appearance tickets or arrest when authorized by law..

  Arrest Authority

  Vehicles may be directed to stop or pull over. Failure to comply, especially when it endangers emergency personnel, can result in appropriate enforcement action, including issuance of appearance tickets or arrest under the powers granted in CPL § 2.20.

  Pursuant to CPL § 2.20, CPL § 140.25 and CPL § 140.27, Fire Police Officers acting within their special duties may make warrantless arrests when authorized by law.

  • Arrest
    An arrest by a Peace Officer occurs when a Peace Officer, acting under legal authority, deprives a person of their liberty so that they are no longer free to leave or the lawful taking of a person into custody under authority of law, resulting in a restraint of that person's freedom of movement for the purpose of answering for an offense.
    View Full Statute CPL § 140 (Arrest Without a Warrant)

  Authorized powers include:

  • Warrantless arrests — View Full Statute (CPL § 140.25)
  View Full Statute (CPL § 140.27)
  • Use of physical force and deadly physical force — View Full Statute (Penal Law § 35.30)
  • Issuance of appearance tickets — View Full Statute (CPL § 150.20)

  Issuance of Appearance Tickets

  Fire Police Officers have the authority to issue appearance tickets when acting pursuant to their special duties under New York State law.

  Primary Authority: Criminal Procedure Law (CPL) § 150.20

  Examples may include:

  • Failure to obey lawful traffic directions or emergency instructions (VTL §§ 1102, 1144)
    VTL § 1102 | VTL § 1144
  • Reckless driving (VTL § 1212)
    View Full Statute
  • Approaching or passing a parked, stopped, or standing authorized emergency vehicle (VTL § 1144-a)
    View Full Statute
  • Due care when approaching or passing a stationary emergency vehicle or hazard vehicle (VTL § 1146)
    View Full Statute
  • Failure to slow down or move over for emergency vehicles (VTL § 1144 and related provisions)
  • Traffic control and work zone violations including:
    VTL § 1180 (Speed restrictions) — View Full Statute
    VTL § 1102 (Obedience to traffic control devices) — View Full Statute

  Penal Law Violations

  • Obstructing emergency operations (Penal Law § 195.05)
    View Full Statute
  • Disorderly conduct creating safety risks (Penal Law § 240.20)
    View Full Statute
  • Leaving the scene of an incident (VTL § 600)
    View Full Statute

  Fire Scene Protection & Crowd Control

  When operating at fires,accidents,emergencies,public events, and parades, Fire Police are authorized to:

  • Establish and maintain traffic-control points
  • Restrict access to hazardous areas
  • Keep unauthorized individuals away from the scene of emergency operations
  • Preventing theft, tampering, or inteference with emergecny apparatus, equipment and property
  • Conduct crowd control operations at fires, accidents, emergencies, and public events/parades
  • Maintain safe ingress and egress routes for emergency responders: inculding Police and tow trucks

  Relevant Statutes may include:

  • Obstructing emergency operations — Penal Law § 195.05
  • Disorderly conduct creating safety risks — Penal Law § 240.20
  • Leaving the scene of an incident — VTL § 600

  Important Information

  • All authority described herein is excercised only while acting pursuant to Fire Police special duties and within the scope of applicable law.
  • Members of an organized Fire Police Squad pursuant to GML 209-c are registered New York State Peace Officers.
  • For verification, all statutes are linked to the official New York State Senate website (nysenate.gov).

  Fire Police Officers - Melrose Fire Department

  Marc Murray - Captain

  James Smith - Lieutenant

  Anthony Lorini, Jr - Officer

  Douglas Baker - Officer

  Joseph Simon - Officer
  

  All Melrose Fire Police Officers are registered New York State Peace Officers with the Division of Criminal Justice Services (DCJS).
  Melrose Fire Department Identifier: 8141020K.