§ 4. Removal of civil liability barriers. 1. (a) Liability protection.

(1) A fire company or political subdivision, including a person acting
as an agent thereof, that acts reasonably in donating qualified fire
control or fire rescue equipment to a volunteer fire company shall not
be liable in civil damages under any state law for personal injuries,
property damage, or death proximately caused after the donation by a
defect in the equipment.

(2) Any state or local agency, including a person acting as an agent
of such an agency, that acts reasonably in administering the
distribution of qualified fire control or fire rescue equipment to a
volunteer fire company or political subdivision shall not be liable for
civil damages under any state law for personal injuries, property
damage, or death proximately caused after the distribution by a defect
in the equipment.

(b) Exceptions to liability protection. Paragraph (a) of this
subdivision shall not apply to a person or agency if:

(1) the defect that proximately causes the injury, damage, or loss
resulted from an act or omission of the person or agency, that
constitutes malice, gross negligence, recklessness, or intentional
misconduct;

(2) the person or agency is the manufacturer of the qualified fire
control or fire rescue equipment; or

(3) the person or agency modified or altered the equipment after it
had been recertified by an authorized technician as meeting the
manufacturer's specifications.

2. For the purposes of this section the following words and phrases
shall have the following meanings:

(a) "Person" means any individual and any governmental or other
entity.

(b) "Qualified fire control or rescue equipment" means fire control or
fire rescue equipment that has been recertified by an authorized
technician as meeting the manufacturer's specifications and has been
distributed through a state or local agency to the volunteer fire
company.

(c) "Authorized technician" means a technician that has been certified
by the manufacturer of fire control or fire rescue equipment to inspect
such equipment. The technician need not be employed by the state or
local agency administering the distribution of the fire control or fire
rescue equipment.