The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6813 August 16, 1994 GOVERNMENTAL IMMUNITY: Governmental immunity and hazardous materials response teams A local unit of government retains its immunity from civil liability when its hazardous materials response team provides assistance outside of the boundaries of that local unit of government. The immunity from civil liability conferred by section 7c(1) of the Fire Prevention Code to persons that provide assistance, at the request of the State Fire Marshal, in dealing with an accident or emergency involving hazardous materials, applies to the members of a hazardous materials response team that is operating outside the boundaries of the local unit of government that established the team. Colonel Michael D. Robinson Director Department of State Police 714 South Harrison Road East Lansing, MI 48823 You have asked two questions regarding immunity from civil liability in connection with the activities of hazardous materials response teams established by local units of government. Your first question is whether a local unit of government retains its immunity from civil liability when its hazardous materials response team provides assistance outside of the boundaries of that local unit of government. Your opinion request notes that many local units of government have established hazardous materials response teams. On occasion, at the request of the State Fire Marshal or another local unit of government, a hazardous materials response team may provide assistance in dealing with a hazardous spill outside of the boundaries of the local unit of government that established the team. The Legislature has provided for governmental immunity in section 7(1) of 1964 PA 170, MCL 691.1401 et seq; MSA 3.996(101) et seq, as follows: Except as otherwise provided in this act, all governmental agencies shall be immune from tort liability in all cases wherein the government agency is engaged in the exercise or discharge of a governmental function. Under section 1 of the same statute, the definition of governmental agency includes local units of government. A hazardous materials response team that is providing assistance in coping with the spill of hazardous materials outside of the boundaries of the local unit of government that established the team is engaged in a governmental function. The immunity from civil liability is not limited to governmental functions that are carried on within the boundaries of that particular local unit of government. It is my opinion, therefore, that a local unit of government retains its immunity from civil liability when its hazardous materials response team provides assistance outside of the boundaries of that local unit of government. Your second question is whether the immunity from civil liability conferred by section 7c(1) of the Fire Prevention Code, MCL 29.7c(1); MSA 4.559(7c)(1), to persons that provide assistance, at the request of the State Fire Marshal, in dealing with an accident or emergency involving hazardous material, applies to the members of a hazardous materials response team that is operating outside the boundaries of the local unit of government that established the team. Section 7c(1) of the Fire Prevention Code provides: A person who provides assistance upon request of the state fire marshal following an accident or during an emergency which accident or emergency involves the handling, transportation, or storage of a hazardous material shall not be liable in a civil action for damages as a result of an act or omission by the person arising out of and in the course of the person's good faith rendering of that assistance unless the person's act or omission was the result of that person's gross negligence or wilful misconduct. [Emphasis added.] This statutory provision grants persons who provide assistance under its terms with civil immunity from damages for ordinary negligence. This immunity is not limited to persons who provide assistance within their own local unit of government. It is my opinion, therefore, that the immunity from civil liability conferred by section 7c(1) of the Fire Prevention Code to persons that provide assistance, at the request of the State Fire Marshal, in dealing with an accident or emergency involving hazardous materials, applies to the members of a hazardous materials response team that is operating outside the boundaries of the local unit of government that established team. Frank J. Kelley Attorney General