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What is NYC FC § 104.11?

Quick Answer

This section grants firefighting personnel the authority to manage operations at the scene of a fire or emergency, including directing actions to extinguish fires, perform rescues, and investigate hazardous conditions. It applies to all individuals and objects near the emergency scene that may interfere with firefighting efforts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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104.11 Authority at fires and other emergencies.

FC § 104.11

The firefighting personnel in charge at the scene of a fire or other emergency involving the protection of life or property, or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, firefighting personnel may prohibit any person, vehicle, marine vessel, watercraft or object from approaching the scene and may remove, or cause to be removed or kept away from the scene, any vehicle, marine vessel, watercraft or object which could impede or interfere with the operations of the department and, in the judgment of firefighting personnel, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

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