[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-9-1998 by Ord. No. 98-8]
In addition to those duties and activities specifically
authorized by statute, for purposes of workers' compensation coverage
on activity authorized by the Borough of Jim Thorpe:
A.
With respect to members of the Jim Thorpe Borough
Fire Department, including junior members, shall include any fundraising
activities and such other duties not prohibited by law and necessary
for the efficient operation of the volunteer services of the Jim Thorpe
Fire Department as may, from time to time, be assigned by the Jim
Thorpe Borough Council, approved by the Jim Thorpe Borough Fire Department
Chief, or defined or authorized within the constitution and by laws
of the Fire Department; and
B.
With respect to members of Volunteer Ambulance Corps,
including junior members, shall include fundraising activities and
such other duties not prohibited by the law and necessary for the
efficient operation of volunteer services by the Ambulance Corps as
may, from time to time, be assigned by the Jim Thorpe Borough Council,
approved by the President or other head of the Volunteer Ambulance
Corps, or defined or authorized within the constitution or bylaws
of the Volunteer Ambulance Corps.
[Adopted 6-8-2006 by Ord. No. 2006-4]
[Amended 7-13-2017 by Ord. No. 2017-7; 9-10-2020 by Ord. No. 2020-07]
A.
The Jim
Thorpe Municipal Fire Department is hereby established by the Borough
of Jim Thorpe, Carbon County, Pennsylvania, and is hereby designated
as the officially recognized Fire Department for the Borough. As of
the date hereof, the Jim Thorpe Municipal Fire Department shall consist
of two fire companies located within the Borough, being Diligent Fire
Company No. 3 of Mauch Chunk, now recognized as the West Side Fire
Station, and the Onoko Fire and Rescue Company, now recognized as
the East Side Fire Station. These two fire companies shall comprise
the Jim Thorpe Fire Department. In the future, the Borough Council
shall have the right to designate any other fire company to provide
fire protection services to the Borough. Any fire company so designated
by the Borough in the future shall join the Jim Thorpe Fire Department.
B.
The Borough
Council shall adopt standard operating guidelines/procedures for the
Jim Thorpe Fire Department. Such procedures shall be prepared by the
Fire Chief. The Fire Chief will then present those procedures to the
Emergency Services Committee for review and comment. The Emergency
Services Committee will then present a final version to Borough Council
for approval.
C.
Each company
recognized by the Borough Council shall be designated a member of
the Jim Thorpe Municipal Fire Department. A certificate from the Council
President and Secretary with a Seal of the Borough of Jim Thorpe shall
be framed by each company and displayed by that company.
[Amended 7-13-2017 by Ord. No. 2017-7]
A.
The Fire Department recognized by the Borough is hereby authorized
to provide such services to the Borough as may be necessary for the
protection of property and persons located in the Borough, which include,
but are not limited to, the extinguishments of and prevention of loss
of life and property from fire, automobile accidents, hazardous materials
incidents, and other dangerous situations.
B.
The Fire Department may also provide nonemergency and public service
functions, such as removing water from property after storms and assisting
in the removal, abatement and prevention of damage or injury to persons
or property, whether through natural causes or man-made situations.
C.
The Fire Department may also conduct and participate in such training
activities and drills, either within or outside the Borough, as may
be deemed necessary by the Fire Department Chief in order to maintain
proficiency in providing the services.
D.
The Fire Department may also respond to calls and provide the services
to municipalities outside the Borough pursuant to any mutual aid agreement.
E.
The Fire Department may engage in any ceremony or parade as may be
deemed appropriate by the Fire Chief or Deputy Chief, subject to formal
approval by the Borough Council.
F.
The Fire Department may engage in fund-raising activities for the
Fire Department as may be deemed appropriate by the officers of the
Fire Department.
G.
The Fire Department shall engage in fire prevention, fire education,
and other fire related activities as may be deemed appropriate by
the officers of the Fire Department, subject to approval of Borough
Council.
H.
Any nonemergency or non-fire-related activity proposed by the Fire
Department, including use of vehicles or equipment, shall be approved
by the Fire Chief or his/her designee, subject to formal approval
by the Borough Council.
I.
No activities of the Jim Thorpe Fire Department shall be conducted
by any member while under the influence of alcohol, illicit drugs
or legal drugs. It is further provided that alcohol and illicit drugs
are strictly prohibited and performing any activity while under the
influence of alcohol or illegal drugs shall subject the offending
member to discipline.
[Amended 7-13-2017 by Ord. No. 2017-7; 9-10-2020 by Ord. No. 2020-07]
The Jim Thorpe Fire Department will consist of the two fire
companies located within the Borough, being the Diligent Fire Company
No. 3 of Mauch Chunk, and the Onoko Fire and Rescue Company. These
companies shall be comprised of those individuals who comply with
the requirements of this article and the standard operating guidelines/procedures
established by the Borough Council.
[Amended 7-13-2017 by Ord. No. 2017-7]
The departmental officers of the Fire Department of the Borough
of Jim Thorpe shall consist of one Fire Chief and one Deputy Fire
Chief. The Fire Chief and Deputy Fire Chief shall have control and
authority over the Fire Department and shall be ultimately responsible
for managing and coordinating efforts among the Borough of Jim Thorpe
fire companies.
[Amended 7-13-2017 by Ord. No. 2017-7]
A.
The
Fire Chief and Deputy Fire Chief of the Jim Thorpe Fire Department
shall be appointed by the Borough Council annually and shall serve
at the pleasure of the Council until such time as relieved of said
duty by appropriate action by Borough Council or until successors
are duly appointed. Both the Fire Chief and Deputy Fire Chief must
be full-time residents of the Borough of Jim Thorpe when appointed
and must continue as full-time residents of the Borough of Jim Thorpe
while in office.
B.
The
Fire Chief, Deputy Fire Chief and Chairperson of the Borough Emergency
Services Committee shall appoint the remaining officers with such
terms, stipulations, requirements and duties as deemed appropriate
by departmental standard operating guidelines/procedures. Officers
of the Fire Department shall include one captain, one first lieutenant,
one second lieutenant and one chief engineer per fire company or firehouse.
The officers must be full-time residents of the Borough of Jim Thorpe
when appointed and must continue as full-time residents of the Borough
of Jim Thorpe while in office.
[Amended 7-13-2017 by Ord. No. 2017-7]
A.
In addition to the powers and duties of the Fire Chief as set forth
in the standard operating guidelines/procedures, the Fire Chief shall
have full charge and control over the fire apparatus, equipment of
the Jim Thorpe Municipal Fire Department and personnel at all times
and shall give general directions as to how, when and where to use
such apparatus and equipment. He shall be responsible for the condition
and proper maintenance of all apparatus and equipment of the Fire
Department and, to that end, shall, at all times, have free access
to the firehouses for the purpose of inspecting such apparatus and
equipment. He shall report the condition of such apparatus and equipment
to the Council from time to time and, as often as he deems the same
necessary, shall recommend to the Council repairs, renovations or
replacements to firehouses, apparatus and equipment. It shall be the
duty of the Fire Chief to report to the Council any unusual fire risks
within the Borough and any fire hydrants or water mains which may
need special attention.
B.
Additional powers and duties of Fire Chief at fires. The Fire Chief
shall have the power to enter any premises for the purpose of investigating
the cause of or subduing a fire; to call to his assistance the police
force of the Borough or any citizen to maintain peace or protect property
at a fire; and to prosecute on behalf of the Borough any person for
interfering with the Fire Department at a fire or for interfering
with the fire hydrants or with any of the fire apparatus or equipment.
C.
Additional powers and duties of Fire Chief. The Fire Chief shall
have the power to discipline, suspend or dismiss any line officer
or member from service in the Fire Department for just cause, such
as neglect of duty or insubordination. Such officer or member shall
remain on suspension after such discipline is rendered by the Fire
Chief until a hearing is held to determine if the discipline, suspension
or discharge is appropriate. Such hearing shall be conducted as per
§ 26-10D below.
[Amended 7-13-2017 by Ord. No. 2017-7]
The Deputy Fire Chief shall perform the duties and have the
powers set forth in the standard operating guidelines/procedures.
[Amended 7-13-2017 by Ord. No. 2017-7]
A.
Eligibility for membership to the Jim Thorpe Municipal Fire Department
shall be by application to the fire company, subject to the recommendation
of the Fire Chief.
B.
Probationary period.
(1)
An individual whose application has been approved by the Fire Department
shall become a member of the Jim Thorpe Municipal Fire Department
on a probationary basis.
(2)
The probationary period shall last for six months, which shall begin
upon the approval of the individual's membership by the Fire Department.
(3)
During the probationary period, a disciplinary infraction by a probationary
member in the following areas shall be cause for immediate removal
of the probationary member from the Fire Department:
(4)
Following the expiration of the six-month probationary period, a
member will no longer be considered on probationary status, and any
infractions shall be handled by the guidelines/procedures set forth
in the standard operating guidelines/procedures.
[Amended 7-13-2017 by Ord. No. 2017-7]
A.
Junior membership. Any individual who reaches the age of 14 shall
be eligible to membership in the Jim Thorpe Municipal Fire Department.
He/she shall be on probation until high school graduation and reaching
the age of 18 years. He/she shall not be eligible to hold office in
the Fire Department until high school graduation and reaching the
age of 18 years. Such junior member must present working papers and
permission from his/her parents or guardian. All applicable child
labor laws will be adhered to by each fire company.
B.
Active membership. Any individual of the age 18 years shall be eligible
to membership in the Fire Department.
C.
Expulsion. Any member violating any of the provisions of this chapter
or the rules and regulations and/or standard operating guidelines
and procedures, or who was intoxicated and disorderly upon Fire Department
property, or who instigates and takes part in any quarrel, fight,
in or about the property of the Fire Department or Borough, or is
guilty of a crime dealing with immoral conduct or illegal/narcotic,
controlled substance or paraphernalia, the penalty for which provides
for imprisonment, may be expelled by Borough Council.
D.
Trial of members.
(1)
All charges shall be reviewed by the officers of the Fire Department
to determine the validity of said charges with the determination of
necessity of a trial before the respective officers and body.
(2)
Charges may be referred by any member of the fire companies, in writing,
distinctly specifying the violation. This violation is to be reviewed
by the Fire Department officers to determine the validity of said·
offense. If the Fire Department officers determine there is validity,
such charges shall be referred to Borough Council to take action.
A copy of the charges and specifications shall be furnished to the
accused by the Fire Department. When such charges are furnished to
the accused, the accused shall also be notified of the time to appear
for any hearing before Borough Council.
(3)
The Fire Chief or his designee shall send the accused a copy of such
charges by certified mail and regular United States Mail. No further
notice shall be required. The trial shall proceed, unless a member,
on behalf of the accused, can furnish the Borough Council sufficient
reasons to continue the trial until the next Council meeting.
(4)
Determination by Borough Council at any such trial shall be final.
[Added 7-13-2017 by Ord.
No. 2017-7]
A.
No person shall be allowed to ride upon Jim Thorpe Municipal Fire
Department vehicles or apparatus unless such person has the prior
approval of the Fire Chief or his designee.
B.
No person shall make use of any fire apparatus, hose, or other equipment
of the Fire Department, other than for the purpose for which the same
was intended, without the prior consent of the Fire Chief or his designee.
[Added 7-13-2017 by Ord.
No. 2017-7]
A.
All fire equipment supplies and apparatus bought for the use of the
Fire Department are to be the property of the Borough and under the
control of the Borough Council, and nothing is to be sheltered in
any firehouse of said Borough unless the same be under the control
and with the knowledge of Borough Council.
B.
An inventory shall be conducted annually and forwarded to the Borough
Secretary by the 30th of November. ·
C.
Members or other persons shall not be permitted to stay overnight
at any of the fire stations without approval of the Fire Chief or
the Deputy Fire Chief.
[Added 7-13-2017 by Ord.
No. 2017-7]
No alcoholic beverages shall be allowed on any Borough property
or Fire Department property, including on any fire trucks maintained
or operated by the Jim Thorpe Municipal Fire Department, without prior
Borough Council approval. This alcohol prohibition shall not apply
to any social hall within any fire company.
[Added 7-13-2017 by Ord.
No. 2017-7]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof before a District Justice, be subject
to a fine of not more than $600 and costs of prosecution and, in default
of payment of such fine and costs, to imprisonment in the county jail
for not more than 30 days.
The Borough of Jim Thorpe hereby recognizes
the Mauch Chunk Firemen Relief and East Mauch Chunk Firemen Relief
Associations of the Borough of Jim Thorpe. Equal shares of the Foreign
Fire Insurance Tax shall be given to each fire company as recognized
herein as represented by their respective relief association.
