[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 2, Ch. 2, Art. 2, of the 1977 Code[1]]
[1]
Editor's Note: This article was adopted 11-10-1964 by Ord.
No. 526 and amended 7-6-1981 by Ord. No. 946; 1-3-1983 by Ord. No.
1007; 5-1-1989 by Ord. No. 1186; 3-6-1995 by Ord. No. 1332; 2-7-2000
by Ord. No. 1410; and 10-13-2003 by Ord. No. 1473.
[Amended 12-4-2023 by Ord. No. 1750]
The Upper Moreland Township Department of Fire shall consist
of such other additional fire companies hereafter organized as the
Board of Commissioners may from time to time by ordinance or resolution
receive into the Department, Fire Chief and Assistant Fire Chiefs,
full- and part-time firefighters employed by Upper Moreland Township,
and other full-time Township employees who may be assigned to firefighting
duties as a secondary responsibility. Each Fire Department member
in good standing shall be furnished with a badge by the Board of Commissioners
as a mark of recognition of his or her duties
A.Â
The fire company(ies) shall elect or appoint a Chief and a President
for a period of at least one year. Members of the Board of Directors
and other officers shall be at least 21 years of age. The Chief and
President shall give their services gratuitously and shall take and
subscribe to the oath required of Township officials.
B.Â
Appointment of career firefighters to supervisory rank will be done
in accordance with adopted civil service regulations.
[Amended 11-8-2021 by Ord. No. 1721]
Each fire company and all personnel comprising the Fire Department
of the Township of Upper Moreland shall be subject to the jurisdiction
and control of the Board of Township Commissioners and shall at all
times conform to any and all rules and regulations as adopted by said
Board, anything in the constitution and bylaws of the company notwithstanding.
[Amended 11-8-2021 by Ord. No. 1721]
In case the company or the officers or the members of the Department
shall be charged with the violation of any rules or duties herein
imposed by the Fire Chief and/or the Board of Commissioners, the Fire
Chief shall have the authority to suspend from the Department those
charged with the infraction. The said suspension shall not exceed
30 days unless sustained by the Board of Commissioners. The Fire Chief
shall report the cause and circumstances of the action to the Board
of Commissioners. The accused shall have the right of appeal to the
Township Board of Commissioners, which may sustain, modify or overturn
the disciplinary action.
A company must submit, within 30 days after admission to the
Department, a certified copy of its constitution and bylaws for approval
by said Board.
[Amended 11-8-2021 by Ord. No. 1721]
The Fire Chief shall submit annually to the Township Board of
Commissioners an annual report of activities, operations and financial
condition for the calendar year preceding.
The Fire Department and its membership are authorized by the
Township Board of Commissioners to perform the following in addition
to the normal firefighting, rescue and emergency medical duties:
A.Â
Participation in drills, practices, training sessions and pre-fire
planning activities authorized by the Fire Department and supervised
by a qualified instructor or a Fire Department officer.
B.Â
Participation in community celebrations, ceremonial observances and
funerals for deceased firefighters or other public figures, where
such attendance is deemed appropriate by the Fire Department. Participation
outside the borders of the Township must have prior approval of the
Fire Chief.
[Amended 11-8-2021 by Ord. No. 1721]
C.Â
While performing duties necessary to prepare the fire station or
other municipal buildings for use as a distribution center or a polling
place for the primary and general elections.
D.Â
Preparation for and responsible participation in parades, providing
that attendance has the prior approval of the Fire Department. Out-of-town
participation greater than 35 miles from the Township border must
have prior approval of the Township Board of Commissioners.
E.Â
Any public service functions performed for the welfare of the community,
including recovery of animals, as long as these activities are responsibly
supervised and are sanctioned by the Fire Department.
F.Â
Any and all public safety activities undertaken by Fire Department
members to render care to the injured, prevent loss of life, provide
comfort and security to victims, and limit or prevent damage to or
loss of property as circumstances may dictate.
G.Â
While rendering assistance to police officers where such aid is specifically
requested or is done without request to protect the public welfare
from imminent danger, including fire police duties.
H.Â
Participation in fire prevention activities, post-fire investigations,
bomb searches, evacuation drills and fire lane enforcement.
I.Â
While participating in public programs to promote health and safety,
to enlist new members, or solicit community support, or conduct fund-raising
activities, subject to the restrictions that:
J.Â
While safely and responsibly performing maintenance and remodeling
work on the Fire Department vehicles, buildings, grounds or equipment.
K.Â
Such other duties necessary for the efficient operation of the Fire
Department as may, from time to time, be assigned by the Township
Manager, Board of Commissioners, Fire Chief and the officers of the
Fire Department, as may be defined within the constitution and bylaws
of the volunteer fire departments.
[Amended 11-8-2021 by Ord. No. 1721]
L.Â
While participating in hazardous materials incident responses when
acting within the scope of their training certification.
M.Â
While performing their duties as sworn fire police officers at any
function, event or parade, both within and outside the municipal borders
when prior approval has been authorized by the Chief of Police or
the Fire Chief.
[Amended 11-8-2021 by Ord. No. 1721]
N.Â
When performing public service functions such as, by way of example
and not limitation, 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.
O.Â
While responding to calls and providing services to municipalities
outside the Township.
[Amended 11-8-2021 by Ord. No. 1721]
Fire companies will provide for adequate training for all firefighters
and shall certify to the Township (through the Fire Chief) annually
that all firefighters responding to an incident will have received
the appropriate training for duties undertaken by the firefighters.
A.Â
All personnel who may respond to a potential hazardous materials
incident shall be certified at the "fire responder awareness" level
of training.
B.Â
All fire personnel who respond to hazardous materials incidents and
engage in defensive action to contain or direct a leak or spill shall
be certified at the "fire responder operations" level of training.
C.Â
Personnel responding to and engaging in aggressive action to contain
a leak or spill shall be certified at a "hazardous materials technician"
level of training.
D.Â
Upon receipt of written documentation of certification by appropriate
training authorities, the Township will confirm certification of individual
personnel for the above levels of training.
[Adopted as Title 2, Ch. 3, of the 1977 Code;[1] amended in its entirety 11-8-2021 by Ord. No. 1721]
[1]
Editor's Note: This article was adopted 11-24-1953 by Ord.
No. 287 and amended 10-9-1973 by Ord. No. 781 and 3-6-1995 by Ord.
No. 1333.
A.Â
The Fire Chief shall be the chief fire officer of the Township and
shall have the power and responsibility of carrying out the provisions
of this chapter. The Fire Chief shall also fulfill all duties and
responsibilities of the Fire Marshal outlined below.
B.Â
The Fire Chief shall be answerable to the Board of Commissioners
and the Township Manager for the efficient and effective operation
of the Department. The Fire Chief will develop and enforce standard
operating guidelines based on recognized practices and procedures.
C.Â
The Fire Chief will respond to and assume command of large-scale
or complex emergencies when such action is necessary to protect life
and property. The Fire Chief or other officer in charge of the scene
shall have authority to close streets, initiate evacuations and exclude
the public from the immediate vicinity of the emergency or place of
danger.
The Fire Marshal shall have the power and responsibility of
enforcing all laws, ordinances and regulations with respect to:
A.Â
The prevention of fires.
B.Â
The storage and use of explosives, flammables and hazardous materials.
C.Â
The installation and maintenance of automatic and other fire alarm
systems and fire-extinguishing equipment.
D.Â
The maintenance and regulation of fire escapes and the means and
adequacy of exits, in case of fire, from factories, schools, apartments,
hotels, lodging houses, mental and other hospitals, churches, halls,
theaters and all other places in which numbers of persons work, live
or congregate from time to time for any purpose.
E.Â
The investigation of the cause, origin and circumstances of fires
and explosions.
Where the words "Fire Marshal" are used in this article, they
shall be taken to mean as well "Assistant Fire Marshal" where one
has been appointed by the Board of Commissioners.
The Fire Marshal may, at all reasonable hours, enter any building
or premises within his jurisdiction for the purpose of making any
inspection or investigation which he may deem necessary in the performance
of his duties.
The Fire Marshal shall inspect, as often as necessary, all especially
hazardous manufacturing processes, storage or installation of gases,
chemicals, oils, explosive and flammable materials, all interior fire
alarms and automatic suppression systems and other similar appliances
and shall issue such orders as may be necessary for the enforcement
of the laws and ordinances governing the same and for the safeguarding
of life and property from fire.
A.Â
The current National Fire Protection Association Codes and Standards
shall be considered the standard for the installation, use, storage
and transportation of liquefied gases, fuel oils and gas appliances.
B.Â
The Pennsylvania state laws governing flammable liquids and the current
edition of the National Fire Protection Association Standard 30 are
to be considered part of this article.
C.Â
All buildings shall be subject to regulations for protection from
fire and panic and for public safety, as provided for by the laws
of the Commonwealth of Pennsylvania and the ordinances of the Township
of Upper Moreland, which shall have the same effect as if stated in
this article.
The Department of Emergency Services shall be responsible for
the emergency management function required by Public Law 1331, Pennsylvania
Emergency Management Act.[1] The Director shall serve as the coordinator and be responsible
for the following:
A.Â
Develop an emergency management staff using existing governmental
services, public agencies and volunteers.
B.Â
Prepare and maintain an emergency management plan, standard operating
procedures and a resource list to address potential major emergencies.
C.Â
Provide direction and coordination for the planning, organization
and operation of the emergency management program.
D.Â
Provide for the unmet needs of the Township's departments and service
units and coordinate the activities of all on-scene response agencies.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq., the Emergency
Management Services Act.
