House Passes Bill to Promote the Donation of Equipment to Volunteer Fire Departments

WASHINGTON, DC -- On September 14, 2004, the House of Representatives passed legislation which would limit the liability of companies and fire departments that donate surplus equipment to volunteer fire departments. This legislation, H.R. 1787, the Good Samaritan Volunteer Firefighter Assistance Act, was introduced last year Rep. Michael Castle (R-DE) and had the bipartisan backing of 68 cosponsors.

 

"Well equipped fire departments have made it a tradition to give used equipment to those departments that are less fortunate or in dire need," said Stittleburg. "However, in recent years, the fear of litigation if the gear later turns out to be faulty has made these donors think twice about giving."

 

Every year, quality fire equipment, including hoses, fire trucks, protective clothing and breathing apparatus, with an estimated worth in the millions of dollars, are destroyed or discarded instead of being donated to small fire departments in order to avoid civil liability lawsuits. The fear of litigation has forced heavy industry and wealthier fire departments to waste surplus equipment, which in many cases has years of use still left in it.

 

Many volunteer fire departments struggle financially to provide their members with the equipment they need to protect their communities. In fact, local taxpayers spend millions of dollars for operating expenses and for purchasing replacement equipment for their volunteer fire companies. By removing liability barriers that keep volunteer firefighters from receiving completely safe equipment, it would not only save taxpayers millions of dollars, it too would save perfectly good equipment.

 

H.R. 1787 is modeled after state law that has been passed in Alabama, Arizona, Arkansas, California, Florida, Illinois, Indiana, Missouri, New York, South Carolina and Texas. In fact, since this bill was signed into law in Texas in 1997, donations in excess of $13 million worth of equipment for volunteer fire departments has been distributed.

 

Stittleburg added, "It is unfortunate that the fire service of our country is forced to search for serviceable used equipment to enable it to carry out its vital mission. However, until the day dawns when society accepts its role in providing proper support to those who protect them, legislation such as this will be necessary."

 

The NVFC is looking to advance this legislation through the Senate before the 108th Congress ends later this year.