---
kind: "section"
citation: "15 U.S.C. § 2233"
title: "15"
title_heading: "Commerce and Trade"
number: "2233"
heading: "Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2233"
units:
  - "Chapter 49 — Fire Prevention and Control"
---

# §2233. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies

- (a) **Liability protection—** A [person](/usc/15/7a.md?p=6) who donates qualified [fire control](/usc/15/2203.md?p=5) or rescue equipment to a volunteer fire company shall not be liable for civil damages under any [State](/usc/15/2203.md?p=10) or Federal law for personal injuries, property damage or loss, or death caused by the equipment after the donation.
- (b) **Exceptions—** [Subsection (a)](#a) does not apply to a [person](/usc/15/7a.md?p=6) if—
  - (1) the [person](/usc/15/7a.md?p=6)’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
  - (2) the [person](/usc/15/7a.md?p=6) is the manufacturer of the qualified [fire control](/usc/15/2203.md?p=5) or rescue equipment; or
  - (3) the [person](/usc/15/7a.md?p=6) or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.
- (c) **Preemption—** This section preempts the laws of any [State](/usc/15/2203.md?p=10) to the extent that such laws are inconsistent with this section, except that notwithstanding [subsection (b)](#b) this section shall not preempt any [State](/usc/15/2203.md?p=10) law that provides additional protection from liability for a [person](/usc/15/7a.md?p=6) who donates [fire control](/usc/15/2203.md?p=5) or fire rescue equipment to a volunteer fire company.
- (d) **Definitions—** In this section:
  - (1) **Person—** The term “[person](/usc/15/7a.md?p=6)” includes any governmental or other entity.
  - (2) **Fire control or rescue equipment—** The term “[fire control](/usc/15/2203.md?p=5) or fire rescue equipment” includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.
  - (3) **Qualified fire control or rescue equipment—** The term “qualified [fire control](/usc/15/2203.md?p=5) or rescue equipment” means [fire control](/usc/15/2203.md?p=5) or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications.
  - (4) **State—** The term “[State](/usc/15/2203.md?p=10)” includes the several [States](/usc/15/2203.md?p=10), the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such [State](/usc/15/2203.md?p=10), territory, or possession.
  - (5) **Volunteer fire company—** The term “volunteer fire company” means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual.
  - (6) **Authorized technician—** The term “authorized technician” means a technician who has been certified by the manufacturer of [fire control](/usc/15/2203.md?p=5) or fire rescue equipment to inspect such equipment. The technician need not be employed by the [State](/usc/15/2203.md?p=10) or [local](/usc/15/2203.md?p=7) agency administering the distribution of the [fire control](/usc/15/2203.md?p=5) or fire rescue equipment.
- (e) **Effective date—** This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of [subsection (a)](#a), is donated on or after the date that is 30 days after March 9, 2006.

## Source credit

(Pub. L. 109–177, title I, § 125, Mar. 9, 2006, 120 Stat. 226.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the USA PATRIOT Improvement and Reauthorization Act of 2005, and not as part of the Federal Fire Prevention and Control Act of 1974 which comprises this chapter.