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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 74-8 <br />February 8, 1974 <br />SUBJECT: Necessity of Fire Department Personnel <br />to Receive a Course of Training in the <br />Exercise of the Power to Arrest as <br />Required by Penal Code §832. <br />REQUESTED BY: Eugene Judd, Fire Chief <br />OPINION BY: James L. Conkey, Deputy City Attorney <br />QUESTION ONE: Are members of the Fire Department, <br />other than Arson Investigators, peace <br />officers? <br />ANSWER ONE: Only when their exclusive duty or <br />assignment is the enforcement of laws <br />relating to fire prevention and fir e <br />suppression. <br />QUESTION TWO: If members of the Fire Department wish <br />to exercise the powers of a peace <br />officer [i.e. arrest and cite without <br />a warrant] must he comply with pro- <br />visions of Penal Code §832? <br />ANSWER TWO: Yes. <br />QUESTION THREE: May members of the Fire Department be <br />given the power to arrest and cite <br />(without a warrant) even though they are <br />not acting as peace officers? <br />ANSWER THREE: Yes, but only for misdemeanors. <br />QUESTION FOUR: May fire fighters be temporarily assigned <br />by the Fire Chief to the inspection of <br />premises for the purpose of uncovering <br />fire hazards and serving notice thereof, <br />without complying with P.C. 832? <br />ANSWER FOUR: Yes, but they would not have the power <br />of peace officers to arrest and cite. <br />-22- <br />