What is procedure for fire alarm activations?
During the course of the average year, the American fire service responds to literally thousands of automatic fire alarm activations. In many cases, the building in question is unoccupied with no available key holder. What is the proper procedure? Should forcible entry be used and a thorough search of the premises be conducted, or is an outside visual inspection adequate?
Local attorneys have supplied us with conflicting opinions. Some attorneys indicate that forcing a door or window is considered an invasion of privacy. Other attorneys indicate that once the fire department is summoned, it starts a chain of events that requires the fire department to perform a complete and thorough investigation. They advise that the fire department`s actions must include an interior inspection of the building from which the alarm has emanated, to ensure that no incipient fire exists.
What is proper, morally and legally? There apparently is no case law on this matter in New York State. However, I am sure that there have been situations nationwide where the fire department responded to a fire alarm activation, did not force entry, did not see or smell any smoke, and returned to quarters only to be called back for a working fire. The eventual legal disposal of this type of scenario has obvious implications for all fire departments.
If any readers have knowledge of a scenario such as this or are aware of any legislation or legal decisions that apply to these types of responses, please contact me at (914) 364-8800 or at 35 Firemen`s Memorial Drive, Pomona, NY 10970. Thanks for the mutual aid.
Gordon Wren, Jr.
Rockland County Fire Coordinator
Pomona, New York
