§ 6851 — Donations to volunteer fire department

(a)Liability protection. —A person who donates qualified fire control or rescue equipment to a volunteer fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation.

(b)Exceptions. —Subsection (a) of this section does not apply to a person if:

(1) The person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;

(2) The person is the manufacturer of the qualified fire control or rescue equipment; or

(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.

(c)Definitions. —(1) “Authorized technician” 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 a state or local agency administering the distribution of the fire control or fire rescue equipment.

(2) “Fire control or rescue equipment” shall be understood to include any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.

(3) “Person” shall be understood to include any governmental or other entity.

(4) “Qualified fire control or rescue equipment” shall mean fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications.

(5) “Volunteer fire department” shall mean those volunteer fire departments which are subject to certification and regulation by the State Fire Prevention Commission.

(d)Effective date. —This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a) of this section, is donated on or after May 27, 2010.