### §2203. Definitions

As used in this chapter, the term—

(1) "Academy" means the National Academy for Fire Prevention and Control;

(2) "Administration" means the United States Fire Administration established pursuant to section 2204 of this title;

(3) "Administrator" means, except as otherwise provided, the Administrator of the United States Fire Administration, within the Federal Emergency Management Agency;

(4) "Administrator of FEMA" means the Administrator of the Federal Emergency Management Agency;

(5) "fire service" means any organization in any State consisting of personnel, apparatus, and equipment which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The location of any such organization and its responsibility for extinguishment and suppression of fires may include, but need not be limited to, a Federal installation, a State, city, town, borough, parish, county, Indian tribe, fire district, fire protection district, rural fire district, or other special district. The terms "fire prevention", "firefighting", and "fire control" relate to activities conducted by a fire service;

(6) "Indian tribe" has the meaning given that term in section 5304 of title 25 and "tribal" means of or pertaining to an Indian tribe;

(7) "local" means of or pertaining to any city, town, county, special purpose district, unincorporated territory, or other political subdivision of a State;

(8) "place of public accommodation affecting commerce" means any inn, hotel, or other establishment not owned by the Federal Government that provides lodging to transient guests, except that such term does not include an establishment treated as an apartment building for purposes of any State or local law or regulation or an establishment located within a building that contains not more than 5 rooms for rent or hire and that is actually occupied as a residence by the proprietor of such establishment;

(9) "Secretary" means, except as otherwise provided, the Secretary of Homeland Security;

(10) "State" has the meaning given the term in section 101 of title 6.1

(11) "wildland-urban interface" has the meaning given such term in section 6511 of title 16.

(Pub. L. 93–498, §4, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, §2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 101–391, §3(b), Sept. 25, 1990, 104 Stat. 749; Pub. L. 106–503, title I, §110(a)(2)(A), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 110–376, §10, Oct. 8, 2008, 122 Stat. 4061; Pub. L. 112–239, div. A, title XVIII, §1802(a), Jan. 2, 2013, 126 Stat. 2099.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables.

#### Amendments

2013—Par. (3). Pub. L. 112–239, §1802(a)(1), inserted ", except as otherwise provided," after "means".

Par. (4). Pub. L. 112–239, §1802(a)(2), substituted " 'Administrator of FEMA' means the Administrator of the Federal Emergency Management Agency;" for " 'Director' means the Director of the Federal Emergency Management Agency;".

Par. (5). Pub. L. 112–239, §1802(a)(3), inserted "Indian tribe," after "county," and substituted "and 'fire control' " for "and 'firecontrol' ".

Pars. (6) to (8). Pub. L. 112–239, §1802(a)(4), (5), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9).

Par. (9). Pub. L. 112–239, §1802(a)(6), (7), added par. (9) and redesignated former par. (9) as (10). Former par. (10) redesignated (11).

Pub. L. 112–239, §1802(a)(4), redesignated par. (8) as (9). Former par. (9) redesignated (10).

Par. (10). Pub. L. 112–239, §1802(a)(8), amended par. (10) generally. Prior to amendment, par. (10) defined the term "State".

Pub. L. 112–239, §1802(a)(6), redesignated par. (9) as (10). Former par. (10) redesignated (11).

Pub. L. 112–239, §1802(a)(4), redesignated par. (9) as (10).

Par. (11). Pub. L. 112–239, §1802(a)(6), redesignated par. (10) as (11).

2008—Par. (3). Pub. L. 110–376, §10(1), substituted "Administration, within the Federal Emergency Management Agency" for "Administration".

Par. (9). Pub. L. 110–376, §10(2)–(4), added par. (9).

2000—Pars. (7) to (9). Pub. L. 106–503 inserted "and" after semicolon in par. (7), redesignated par. (9) as (8), and struck out former par. (8) which read as follows: " 'Secretary' means the Secretary of Commerce; and".

1990—Pars. (4) to (9). Pub. L. 101–391 added pars. (4) and (7) and redesignated former pars. (4), (5), (6), and (7) as (5), (6), (8), and (9), respectively.

1978—Pars. (2), (3). Pub. L. 95–422 substituted "United States Fire Administration" for "National Fire Prevention and Control Administration".

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

#### **Executive Documents**

#### Transfer of Functions

Functions of National Fire Prevention and Control Administration [now United States Fire Administration] and National Academy for Fire Prevention and Control generally transferred to Federal Emergency Management Agency. For further details see Transfer of Functions note set out under section 2202 of this title.

1 So in original. The period probably should be "; and".