Bill Adams
National Fire Protection Association (NFPA) 1901, Standard for Automotive Fire Apparatus, recognizes seven classifications of new fire apparatus. They are pumper, initial attack, mobile water supply, mobile foam, aerial, quint, and a general catch-all classification called special service. Special service fire apparatus is a generic term encompassing support vehicles ranging in size from a Ford F-150 pickup truck to a multiaxle rig with an unlimited gross vehicle weight rating (GVWR). The first six classifications are job-specific, and those apparatus must meet explicit criteria applicable to their individual function. In addition, regardless of classification, size, or intended use, all vehicles that must be NFPA 1901 compliant have to meet the provisions listed in Chapter 4 General Requirements. It’s the responsibility of the apparatus purchasing committee (APC) and the authority having jurisdiction (AHJ) to become intimately familiar with that document. Use caution-the phrase “that must be NFPA 1901 compliant” can be significant, especially if the AHJ is required to address it, define it, and possibly defend its interpretation in a public forum.
This article focuses on one vehicle-the chief’s buggy, a generic term I use to define any fire department-owned vehicle whether it be a sedan, pickup truck, or sport utility vehicle (SUV) that’s equipped with warning lights and siren for specific use by a chief officer. It is unknown if the chief’s buggy (also known as a chief’s car) has to be NFPA 1901 compliant. If it must be, it probably falls under the classification of a special service fire apparatus.
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(1) This photo, by Les Wainman, a retired regional sales manager for Spartan Chassis, Inc., is of his 1934 Ford Coupe. He says it may not
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Legalities
I am not an attorney and I am not advocating that a fire chief’s car should be or has to be NFPA 1901 compliant. I don’t know. Somebody ought to find out. That’s the intent of this article. The objective is to protect the fire department and the operator of the vehicle. In today’s litigious and legally oriented society, if there’s an accident involving any fire department vehicle, one can rest assured that every aspect of compliance, noncompliance, responsibility, liability, could-haves, should-haves, and every legal loophole will be investigated to shift blame to whoever has the deepest pockets-probably the fire department. It may be prudent to determine the legal status of a chiefs’ buggy at your leisure rather than being under a deadline responding to a subpoena or a court summons or answering questions before a grand jury.
Most firefighters evaluate facts in simple black and white terms; there’s seldom a gray area. In my personal opinion, the legal profession interprets facts in manners skewed in favor of their client. That’s their job, so get over it. They might look at a fire department not meeting the written word of a nationally recognized safety standard as being negligent. Not meeting the intent of that standard may be construed as a lapse in moral, ethical, or sound judgment-especially if there is an injury and more so if legal counsel sniffs out possible contributory negligence. Contributory negligence can be defined as when someone fails to take action to prevent an accident. Hence, they can be considered partly responsible for causing it. Bear in mind, being exonerated of a criminal charge does not make a person or entity immune from being adjudicated in a civil proceeding.
A pertinent, but seldom addressed, concern is the legal status of a chief’s buggy in the eyes of the department of motor vehicles (DMV) and local law enforcement.
I make no judgment, inference, speculation, or interpretation of any portion of NFPA 1901. That is the obligation of the APC and the AHJ. NFPA 1901 sentence 3.3.65 defines fire apparatus as “A vehicle designed to be used under emergency conditions to transport personnel and equipment and to support the suppression of fires and mitigation of other hazardous situations.” The phrase “to transport personnel” is of consequence because it includes carting the white coat to the scene. Sentence 1.3.1 explicitly states NFPA 1901 is applicable only to new fire apparatus with a 10,000 pound or greater GVWR.
A popular buggy for on-the-line chief officers is the full-sized Chevrolet Suburban SUV with an 8,600-pound GVWR. In some departments, executive and staff officers are provided with sedans weighing less than 10,000 pounds. Weight wise, it appears sedans, SUVs, and small pickups do not have to be NFPA 1901 compliant. However, when used to transport personnel such as a chief officer to a scene, they might be. That’s a conundrum.
Regardless of whether the DMV requires compliance by law or the AHJ “determines” compliance, a very expensive and possibly contentious plethora of requirements may enter into play. One example is NFPA 1901 section 15.9.3, requiring reflective striping and chevrons on all fire apparatus. They’re commonly seen on buggies used by line chiefs. Graphics (lettering, striping, and chevrons) are seldom seen on unmarked chief cars. Some fire department vehicles are available for use, or are required to be used, 24/7. Some officers are not receptive to having vehicles emblazoned with fire insignia parked in their home driveways or at business establishments they may personally frequent. The AHJ and the general populace may frown on seeing official fire department vehicles parked at local grocery stores, restaurants, and sports venues. Some AHJs forego the graphics and equip vehicles with inconspicuous warning lights similar to undercover police cars. Although that decision may seem considerate, politically correct, and reasonable, it may not be legal in the eyes of a state’s DMV. The DMV may not recognize an unmarked or undercover fire chief’s car. The AHJ ought to get a formal ruling. Be aware-it’s usually the operator of a vehicle who is ticketed and fined for an infraction of a motor vehicle law.
Be advised that NFPA 1901 does not define a chief’s buggy. The closest classification appears to be as a special service fire apparatus, which sentence 3.3.159 defines as “a multipurpose vehicle that primarily provides support services at emergency scenes.” Sentence A.3.3.159 in the Appendix elaborates, “These services could be rescue, command, hazardous material containment, air supply, electrical generation and floodlighting, or transportation of support equipment and personnel.”
Providing command services, support, and transporting personnel is what chiefs’ vehicles do. Purchasers should note when determining or “declaring” a chief’s buggy is a fire apparatus, NFPA 1901’s Chapter 10, sentence 10.5.2 requires a list of minimum equipment to be carried on special service fire apparatus, whose quantity and value may be debated. Don’t forget the two wheel chocks, self-contained breathing apparatus (SCBA), and traffic vest for each seating position.
State Laws and Insurance
Small fire departments may not benefit from on-staff professional legal counsel. That could be detrimental; consider retaining one. DMV rules and regulations vary from state to state. In some, all motorized vehicles including fire apparatus must be registered and provided with state-issued registration plates. When an AHJ goes on record registering a vehicle as a fire apparatus, it may be reasonable to expect that vehicle is NFPA-compliant. Ask your DMV-and your attorney. Get the answers in writing.
Concurrently, when an AHJ contracts with an insurance company to insure a vehicle as a fire apparatus, the carrier may expect that vehicle to meet appropriate standards for fire apparatus. Ask your insurance carrier what is judicious and, more importantly, what is required. Again, get answers in writing. Referencing an article in a trade magazine may not hold water in a court of law. Take into consideration that when an AHJ signs insurance and DMV registration forms, those forms may be considered legal documents and there are consequences when public officials make false or misleading statements.
It would behoove the AHJ to be knowledgeable of DMV rules and regulations for emergency vehicles. One could be a regulation requiring that an emergency vehicle must have a warning light visible on a 360-degree plane. A chief’s car with a “Kojak” type of warning light on the dash and two flashers behind the grille may not be legal. Some states have specific requirements for undercover (unmarked) police cars. It is unknown if states recognize undercover or unmarked fire chiefs’ cars. The AHJ ought to find out. And, the drivers of the chiefs’ cars should too. Remember, if there’s an infraction of a DMV law, the operator gets the ticket, not the fire department. Ask the local constabulary or your attorney.
The fire department is between a rock and a hard place. If the AHJ formally registers a chief’s buggy as a fire apparatus with the DMV, insures it as a fire apparatus, and physically operates it as a fire apparatus, then it is logical to assume it is a fire apparatus. As such, it could be argued it should meet at least the intent of NFPA 1901, if not the written word.
Consider this scenario. The on-duty chief in an SUV and the chief of the department in a sedan respond to and park on a public highway at an emergency scene. Although both are equipped with inconspicuous warning lights and sirens, neither has striping, chevrons, lettering, or roof light bars. When not parked in designated marked or legal parking areas, the buggies are in a “fend off” position. A civilian vehicle plows into both.
The civilian’s lawsuit names both chiefs, the fire department, and the AHJ, citing their failure to follow the intent and written word of a nationally recognized safety standard and, in particular, it references NFPA 1901’s appendix sentence A.1.3.1, which states: “The requirements of this standard apply to fire apparatus that have a GVWR of 10,000 pounds (4500 kilograms) or greater. Although the standard was not written specifically to cover vehicles below that size, fire departments should consider using those portions of this standard that address safety issues with smaller emergency vehicles. This would apply particularly to the restraint of equipment in the driving and crew areas and to provide adequate optical warning devices and reflective striping to increase visibility of the vehicle.”
If the AHJ, the DMV, or a state law says a chief’s buggy is a fire apparatus, then someone, somewhere, someplace should know if it has to be NFPA-compliant and, if so, to what degree. Protect the fire department and protect the driver of the chief’s car. Find out. It’s doubtful the AHJ can guess how much weight the NFPA’s words “fire departments should consider” will carry in court. It ought to make that determination-before a jury does. Good luck.
BILL ADAMS is a former fire apparatus salesman, a past chief, and an active member of the East Rochester (NY) Fire Department. He has more than 45 years of experience in the volunteer fire service.
