Firefighters were called to the scene of a house fire in the early hours of the morning.

The report of the search, with the report of people inside, was transmitted to the Incident Commander, and the crew proceeded down the street, following a street sign for the closest firehouse. During this time the crew was not on the box alarm, and therefore they did not receive the alarm activation signal. The crew was on the box alarm when they received the CALL of fire. The local authority has no powers to activate the alarm, nor does the CityofNewYork legislation require that any firefighter on the box alarm receive an activation signal.

Under the provisions of the Criminal Justice Act 1998 a firefighteris considered as acting in the grade of a fire chief when he responds to or enroute to a fire, and acts in accordance with the recommendations of a fire chief. This provision provides that the incident commander shall, notwithstanding any other provision of this Act, activate the emergency alert when dispatched under the circumstances described in clause 3 of the Act. This act also provides that the incident commander shall, notwithstanding any other provision of this Act, provide for the local authority to notify the incident commander when dispatch determines that there are extrications, burns or other involved in the fire. The incident commander is required to notify the Chief of Police by registered or certified mail, return receipt requested, of any change in assignment or assignment change in composition.

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