27-15.1 - Authority of chief, director or other officer in charge when answering alarm or operating at an emergency incident; penalty for refusal to obey orders.
§ 27-15.1. Authority of chief, director or other officer in charge whenanswering alarm or operating at an emergency incident; penalty for refusal toobey orders.
While any fire/EMS department or fire/EMS company is in the process ofanswering an alarm or operating at an emergency incident where there isimminent danger or the actual occurrence of fire or explosion or theuncontrolled release of hazardous materials which threaten life or propertyand returning to the station, the chief, director, or other officer in chargeof such fire/EMS department or company at that time shall have the authorityto: (i) maintain order at such emergency incident or its vicinity, (ii)direct the actions of the fire fighters or emergency medical servicespersonnel at the incident, (iii) notwithstanding the provisions of §§46.2-888 through 46.2-891, keep bystanders or other persons at a safedistance from the incident and emergency equipment, (iv) facilitate thespeedy movement and operation of emergency equipment and fire fighters oremergency medical services personnel, (v) cause an investigation to be madeinto the origin and cause of the incident, and (vi) until the arrival of apolice officer, direct and control traffic in person or by deputy andfacilitate the movement of traffic. The fire chief, director, or otherofficer in charge shall display his fire fighter's or emergency medicalservices personnel's badge, or other proper means of identification.Notwithstanding any other provision of law, this authority shall extend tothe activation of traffic control signals designed to facilitate the safeegress and ingress of emergency equipment at a fire/EMS station. Any personor persons refusing to obey the orders of the chief, director, or hisdeputies or other officer in charge at that time shall be guilty of a Class 4misdemeanor. The chief, director, or other officer in charge shall have thepower to make arrests for violation of the provisions of this section. Theauthority granted under the provisions of this section may not be exercisedto inhibit or obstruct members of law-enforcement agencies or rescue squadsfrom performing their normal duties when operating at such emergencyincident, nor to conflict with or diminish the lawful authority, duties andresponsibilities of forest wardens, including but not limited to theprovisions of Chapter 11 of Title 10.1. Personnel from the news media, suchas the press, radio and television, when gathering the news may enter attheir own risk into the incident area only when the officer in charge hasdeemed the area safe and only into those areas of the incident that do not,in the opinion of the officer in charge, interfere with the fire/EMSdepartment or fire fighters or emergency medical services personnel dealingwith such emergencies, in which case the chief or other officer in charge mayorder such person from the scene of the emergency incident.
(1970, c. 187; 1977, c. 326; 1984, c. 644; 2001, c. 142; 2008, c. 410.)