Sec. 18.70.075. Authority of fire department officers; penalty.

403 words·~2 min read·/ak/title-18/chapter-70/18-70-075

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A fire officer of a municipal fire department or a fire department registered with the state fire marshal, while providing fire protection or other emergency services, has the authority to

(1)control and direct activities at the scene of a fire or emergency;

(2)order a person to leave a building or place in the vicinity of a fire or emergency, for the purpose of protecting the person from injury;

(3)blockade a public highway, street, or private right-of-way temporarily while at the scene of a fire or emergency;

(4)trespass upon property at or near the scene of a fire or emergency at any time of the day or night;

(5)enter a building, including a private dwelling, or premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, to extinguish the fire;

(6)enter a building, including a private dwelling, or premises near the scene of a fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire that is in progress in another building or premises;

(7)upon 24-hour notice to the owner or occupant, conduct a prefire planning survey in all buildings, structures, or other places within the municipality or the registered fire department's district, except the interior of a private dwelling, where combustible material is or may become dangerous as a fire menace to the building;

(8)direct the removal or destruction of a fence, house, motor vehicle, or other thing judged necessary to prevent the further spread of a fire.

(b)An owner or occupant of a building or place specified in this section or any other person on the site of a fire or other fire department emergency who refuses to obey the order of a fire officer of a municipal or registered fire department in the exercise of official duties is guilty of a misdemeanor, and upon conviction, is punishable by imprisonment for one year, or by a fine of not more than $1,000, or by both.

(c)In this section,

(1)“emergency” means a situation in which the services of fire department personnel are necessary or appropriate to protect life, property, or public health;

(2)“prefire planning survey” means a limited inspection for the purpose of preparing a fire attack plan in the event of a future emergency.