Township of East Pennsboro, PA
Cumberland County
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Table of Contents
Table of Contents

§ 7-101 Scope.

[Ord. 565-96, 11/6/1996, § 1]
1. 
Title. This Part shall be known as the "Fire Alarm Ordinance" of East Pennsboro Township.
2. 
Scope. This Part shall regulate all matters concerning the design, installation, repair, tampering, maintenance and operation of all fire alarm systems and related devices; fixing fees and regulations pertaining to the licensing of fire alarm contractors; and prescribing penalties for violations hereof.
3. 
Purpose. The high incidence of false fire alarms and/or alarm malfunctions causes a significant misuse of the manpower and resources of the East Pennsboro Township Fire Service by causing the dispatch of units to the scene of a false alarm or alarm malfunction which renders them out of service and unavailable to respond to legitimate emergency situations. This Part shall be construed to secure its expressed intent which is to insure public safety, health, and welfare by controlling the design of, testing of, repair of, installation of, tampering with, and maintenance requirements of fire alarm systems installed and operating within East Pennsboro Township; thereby, reducing the service demands on the East Pennsboro Township Fire Service and improving the safety to the public.

§ 7-102 Applicability.

[Ord. 565-96, 11/6/1996, § 2]
1. 
General. The provisions of this Part shall apply to all matters affecting or relating to fire alarm systems and fire alarm contractors, and shall apply equally to new and existing buildings and conditions. This includes all required and nonrequired fire alarm systems.
2. 
Matters Not Provided For. The East Pennsboro Township Board of Commissioners hereby provide for determination of matters not provided for herein by the Building Code Official and/or Fire Marshall.
A. 
Administrative orders will be issued by the Building Code Official and/or Fire Marshall to clarify ordinance questions and to establish departmental policy where no specific criteria exists, or where administrative guidance is needed to establish a methodology to resolve recurring problems.
B. 
Standard design bulletins will be issued where code criteria leave a specific aspect of the design installation to the judgment of the Building Code Official and/or Fire Marshall or the authority having jurisdiction. They will set specific design criteria where necessary.
3. 
Continuation of Unlawful Use or Practice. The continuation of use of a fire alarm system or the designing, installation, testing, repair, tampering with, and maintenance of fire alarm systems by any person(s), firm, or corporation, contrary to the provisions of this Part, shall be deemed a violation and subject to the fees and penalties prescribed in this Part. Each day that an unlawful use or practice continues shall be deemed to be a separate offense.
4. 
Other Regulations. When the provisions herein are more restrictive than other regulations, this Part shall control, but in any case, the most rigid requirements of any other applicable code or regulation shall apply whenever a conflict exists.
5. 
Referenced Standards. The standards referenced in this Part and those listed in the appendixes of the current Building Officials and Code Administrators (BOCA) National Building Code and the BOCA National Fire Prevention Code including the National Fire Protection Association (NFPA) 72; National Fire Alarm Code - 1993 Edition, or as subsequently amended, and adopted by East Pennsboro Township shall be considered to be part of the requirements of this Part. Where differences occur between provisions of this Part and other standards, the provisions of this Part shall apply.
6. 
Exemptions. This Part shall not require installations to be certified as required in the National Fire Alarm Code referenced herein.

§ 7-103 Definitions.

[Ord. 565-96, 11/6/1996, § 3]
1. 
Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Part, have the meanings in this section.
2. 
Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
3. 
Terms Defined in Other Codes. Where terms are not defined in this Part and are defined in the building, mechanical, or fire codes, such terms shall have the meanings ascribed to them as in those codes as adopted by East Pennsboro Township. Definitions found in NFPA Standards for fire protection and electrical installations shall apply in this Part, when not otherwise specifically defined.
4. 
Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
5. 
Defined Terms.
AGENT
Any person who shall have charge, care or control of any building as representative of the owner, including an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall comply with the provisions of this Part to the same extent as if that person were the owner.
ALARM
Any audible or visible signal indicating existence of a fire or emergency that requires response on the part of the East Pennsboro Township Fire Service. Included in this are the alarm devices by which fire and emergency signals are received.
ALARM MALFUNCTION — The activation of any alarm which results in the response of the East Pennsboro Township Fire Service caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance of any other response for which the East Pennsboro Township Fire Service personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation.
FALSE ALARM (UNWANTED ALARM) — An alarm malfunction or malicious fire alarm as defined herein.
MALICIOUS FIRE ALARM — The activation of any alarm which results in the response of the East Pennsboro Township Fire Service caused by the negligence or intentional misuse of the system by the owner or his employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of an alarm malfunction. An alarm is not considered a malicious fire alarm if the alarm is activated due to causes beyond the control of the owner.
APPROVED
Approved by the Building Code Official and/or Fire Marshall or their assistants.
AUTOMATIC FIRE ALARM SYSTEM
A system containing automatic fire detecting device(s) which actuates a fire alarm signal.
AUTOMATIC FIRE DETECTION DEVICE
A device which automatically detects heat, smoke or other products of combustion.
AUTOMATIC FIRE SUPPRESSION SYSTEM
An engineered system using approved fire detectors and agents or medium to detect automatically and suppress a fire through fixed piping and nozzles.
CENTRAL STATION
A supervising station that is listed, such as Underwriters Laboratories (UL) or Factory Mutual (FM) for central station service and is approved by the Building Code Official and/or Fire Marshall.
CENTRAL STATION SERVICE
A system or group of systems in which the operations of circuits and devices at a protected property are signaled to, recorded in, and supervised from a listed central station (such as UL or FM) having competent and experienced operators who upon receipt of a signal, take such action as required by NFPA 72, 1993 Edition, or as subsequently amended. Related activities at the protected property such as equipment installation, inspection, maintenance, and runner service are also the responsibility of the central station or a fire alarm contractor. Central station service is controlled and operated by a person, firm or corporation whose business is the furnishing of such contracted services or whose properties are the protected premises.
EAST PENNSBORO TOWNSHIP FIRE SERVICES
All volunteer fire departments and associated rescue services in East Pennsboro Township.
FIRE ALARM AFFIDAVIT
A form for completion by a fire officer when responding to an alarm. Where an alarm malfunction occurs, the fire alarm affidavit of service/repair shall also be completed by a licensed fire alarm company and by the owner/occupant.
FIRE ALARM SIGNAL
A signal indicating an emergency requiring immediate action, that is initiated by a manual fire alarm box, sprinkler water low switch, automatic fire detector or other device whose activation is indicative of the presence of a fire.
FIRE ALARM SYSTEM
A functionally related group of devices that when either automatically or manually activated will sound audio or visual warning devices on or off the protected premises.
FIRE CODE OFFICIALS
The Building Code Official, the Fire Marshall and their assistants.
LOCK BOX
A locked box mounted on the outside of the building containing keys to the building and to which authorized fire officials have access. This allows nondestructive access into the building.
NONREQUIRED FIRE ALARM SYSTEM
Any fire alarm system not required by this Part or by the BOCA building or fire codes.
REQUIRED FIRE ALARM SYSTEM
A fire alarm system required by this Part or any BOCA building or fire codes adopted in East Pennsboro Township.
SINGLE STATION SMOKE DETECTOR
An approved, listed assembly incorporating the detector, control equipment and alarm sounding device in one unit installed in accordance with § 920 of the BOCA National Building Code, current adopted edition.
SMOKE DETECTOR
An approved, listed device which is intended to detect the visible and invisible particles of combustion.

§ 7-104 New Systems.

[Ord. 565-96, 11/6/1996, § 4]
1. 
Additions or Alterations to or Rehabilitation of Structures. Enclosed additions or interior alterations to, or major rehabilitation of, any building shall require that existing fire alarm systems shall conform to the requirements for new fire alarm systems as described herein.
2. 
Existing, Nonconforming Systems. Any fire alarm system installed prior to the adoption of this Part shall be upgraded or improved to provide a minimum level of protection as directed by a code official.
3. 
Existing, Nonrequired Systems. All nonrequired fire alarm systems shall provide a minimum level of protection as directed by a code official. All nonrequired fire alarm systems shall be maintained and remain in-service unless approval to discontinue the system(s) is received in writing from the Building Code Official and/or Fire Marshall. Any approved discontinued systems and related equipment shall be completely removed from the structure so as not to give a false indication that the building, area, or space is protected.

§ 7-105 Repairs and Maintenance.

[Ord. 565-96, 11/6/1996, § 6]
1. 
General.
A. 
All fire alarm systems, devices, and service equipment installed in or on any structure in East Pennsboro Township shall be maintained in an operative condition at all times. It shall be unlawful for any person(s) to reduce or interfere with the operational effectiveness of a fire alarm system.
B. 
This requirement shall not prohibit a licensed fire alarm company technician from temporarily reducing or discontinuing the protection, where necessary, to make tests, repairs, alterations, extension or additions. Alterations, extension or additions to fire alarm systems require written approval from a code official. The Building Code Official and/or Fire Marshall and off-site central station services shall be notified in writing, including facsimile, prior to disconnection and interruption of protections, tests, repairs, alterations, extensions or additions are started and upon completion of such work and shall be advised of the extent of and reason for such work. The restoration of the protection shall be accomplished within 24 hours in sleeping occupancies and within 72 hours in all other occupancies.
2. 
Maintenance.
A. 
It shall be the duty of the building owner(s) to install, test, repair and maintain: automatic fire detection devices (including smoke and heat detectors); fire protective signaling systems; automatic fire sprinkler systems; automatic fire suppression systems; central station monitoring, when such systems and/or devices are required by East Pennsboro Township ordinances.
B. 
It shall be the duty of a tenant or lessee to maintain all required fire alarm systems and/or related components noted above when so required as part of a written lease agreement or a written maintenance agreement.

§ 7-106 Duties and Powers of Code Officials and Fire Officers.

[Ord. 565-96, 11/6/1996, § 7]
1. 
General. The Building Code Official, Fire Marshall and their assistants shall enforce all of the provisions of this Part and shall act on any questions relative to the manner of design, installation, testing, repair, maintenance, materials, equipment, and devices or any related issues pertaining to fire alarm systems, except as otherwise specifically provided for by statutory requirements or by this Part. The Fire Marshall is the authorized representative of the East Pennsboro Township Fire Service in charge at the scene.
2. 
Application and Permits. The Building Code Official shall receive applications, plans, specifications, permit fees and issue permits for the installation of, additions, extensions or alterations to fire alarm systems. A code official shall inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Part.
3. 
Affidavits and Notice of Violations. The Fire Marshall or his assistants in charge of any incident involving a fire alarm system shall be responsible for executing the fire alarm affidavit form, and forwarding a copy of all responses to automatic fire alarms to the Building Code Office. Code officials shall issue all necessary notices or orders to correct improper conditions with fire alarm systems to insure compliance with all code requirements for the health, safety, and general welfare of the public.
4. 
Inspections. The Building Code Official, Fire Marshall or a code official shall make all required inspections of premises to enforce compliance with the provisions of this Part.
5. 
Rule-Making Authority. The Building Code Official and/or Fire Marshall shall have power as necessary in the interest of public health, safety, and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this Part as authorized by the Board of Commissioners of East Pennsboro Township to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in the BOCA Building and fire codes or this Part.
6. 
Department Records. The Building Code Office shall keep official records of applications received, permits and approval certificates issued, fees collected, reports of inspections, and notices and orders issued, including affidavits issued and received.
7. 
Quarterly Report. The Building Code Official shall submit a quarterly report to the East Pennsboro Township Fire Board, regarding automatic fire alarm responses and corrective actions taken by code officials regarding noncompliant systems.

§ 7-107 Application for Permit.

[Ord. 565-96, 11/6/1996, § 8]
1. 
When Permit is Required. It shall be unlawful to alter or add to existing fire alarm systems or to install a fire alarm system or related components of a fire alarm system for which provisions are made or the installation of which is regulated by this Part, without first filing the appropriate application, paying the applicable fee, and submitting the required design information with the Building Code Office in writing and obtaining the required permit. Repairs, as defined by § 7-105 of this Part, which do not involve any violation of this Part, shall not require a permit.
2. 
Form of Application. The application for a permit shall be submitted in such form as the Building Code Official prescribes and shall be accompanied by the required fee as prescribed by a resolution of the East Pennsboro Township Board of Commissioners.
3. 
By Whom Application is Made. Application for a permit shall be made by an owner or an authorized agent of a fire alarm contractor properly licensed by East Pennsboro Township to install, extend, repair, and maintain fire alarm systems in East Pennsboro Township.
4. 
Plans and Specifications.
A. 
Residential. Plans and specifications are not required to be submitted for one and two family dwellings; however, after the application for a permit and fee are submitted, a preliminary inspection shall be scheduled with a code official and the permit applicant for the purpose of determining the locations of smoke detectors and related equipment devices in the building prior to their installation.
B. 
Commercial. The permit application, permit fee, and completed fire alarm submittal guide for commercial fire alarm systems (including multiple family dwellings), shall be submitted. Two copies of plans shall be drawn to scale or clearly dimensioned, with sufficient clarity and detail to show the nature and character of work to be performed. When the quality of materials, equipment, or devices is essential for conformity to this Part, specific information shall be given to establish such quality. This Part shall not be cited, or the terms "legal or approved" or its equivalent be used as a substitute for specific information. A code official is permitted to waive the requirement for filing plans when repair work of a minor nature is involved.
5. 
Action on Application. A code official shall examine or cause to be examined all applications and plans for permits within a reasonable time after filing. If the application or plans and specifications do not conform to the requirements of all pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. If the code official is satisfied that the proposed work conforms to the requirements of this Part and all laws applicable thereto, the code official shall issue a fire alarm permit.
6. 
Compliance with Code. The fire alarm permit shall be a license to proceed with the work as approved by a code official and shall not be construed as authority to violate, cancel or set aside any of the provisions of this Part except as specifically stipulated by modification approved in writing by a code official.

§ 7-108 License Requirements.

[Ord. 565-96, 11/6/1996, § 9; as amended by Ord. 757-2009, 7/1/2009]
1. 
License Required to Install, Test, Inspect, Repair, and Maintain Fire Alarm Systems. All individuals, partnerships, corporations, or other entities engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any fire alarm system, or causing to be sold, leased, maintained, serviced, repaired, altered, extended, replaced, moved or installed any fire alarm system in or on any building or structure shall obtain a valid fire alarm contractor's license from the Building Code Office of East Pennsboro Township.
A. 
Exception 1. This does not include a person or firm who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed, nor designs the plan for physical location and installation of the alarm system in a specific location.
B. 
Exception 2. Homeowners of one- or two-family dwellings who perform their own installation of a low voltage fire alarm system which does not transmit to a central station, or 110-volt fire alarm systems within their dwelling unit, are exempt from the licensing requirements; however, residential fire alarm permits and inspections are required from East Pennsboro Township.
C. 
Exception 3. Electrical contractors installing 110-volt smoke detection systems in residential dwellings are exempt from the licensing requirements; however, residential fire alarm permits and inspection are required from East Pennsboro Township.
2. 
License Fee. Any person making application for a fire alarm contractor license shall pay an annual fee in an amount as established from time to time by resolution of the Board of Commissioners. Fees shall be effective from January 1 through the following December 31. Licensing fees shall not be pro-rated throughout the year. Fees are not refundable should the license be revoked.
3. 
Qualifications of Fire Alarm Contractors. Any person(s) making application for a fire alarm contractors license shall demonstrate to the Building Code Official and Fire Marshall (A) a knowledge and proficiency of fire alarm systems, devices and code standards which govern the application, design, installation, testing, repair, maintenance and operation of fire alarm systems, (B) and that they are a listed contractor by an established and nationally recognized organization (such as UL or FM) which approves the qualifications of fire alarm service contractors for central station service. Upon successful demonstration of all of the above and payment of applicable fees, a license shall be issued by the Building Code Official.
4. 
Township Right to Revoke License. The Building Code Official or Fire Marshall shall have the right to revoke a fire alarm contractor's license for cause. Cause for revocation shall include, but not be limited to, selling and/or installing or maintaining fire alarm systems or devices without obtaining permits and approvals/inspections as required; installing unapproved materials or devices; repeated violations of East Pennsboro Township Codes.
5. 
Right to Appeal. Any person(s) having a license revoked or denied by the Building Code Official or Fire Marshall shall have the right to file an appeal to the East Pennsboro Township Board of Appeals. Any appeal must be based on a claim that the Building Code Official or Fire Marshall did not use factual information to show cause for revoking or denying the fire alarm contractor's license.

§ 7-109 Lock Box Requirements.

[Ord. 565-96, 11/6/1996, § 10]
1. 
When Required. All occupancies installing a fire alarm system, having an electronic or radio connection to a central station, shall install an approved lock box for the premises being protected.
2. 
Grace Period for Existing Installations. Existing facilities with a fire alarm system shall install a lock box within 12 months of the date of adoption of this Part.
3. 
Where Installed. The lock box shall be installed:
A. 
At a location approved by a code official.
B. 
At a height approximately eight feet above grade.
C. 
To the right side of the entrance doors.
4. 
Lock Box Supervision. All lock boxes shall be electrically supervised and shall have the tamper switch connected to the fire alarm panel to indicate a supervisory or trouble signal. The supervisory signal shall report to the central station for owner/occupant notification (not the East Pennsboro Township Police Department).

§ 7-110 Owner/Occupant Responsibilities.

[Ord. 565-96, 11/6/1996, § 11]
1. 
The responsibility for a fire alarm activation shall be that of the owner/occupant for whom a fire alarm system is installed. A response to an alarm activation shall result when any officer or member of the East Pennsboro Township Fire Service shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. After responding to an alarm activation, the Fire Marshall shall notify the responsible party regarding the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Failure of the responsible person(s) to appear at said premises within 30 minutes after being notified to do so, shall constitute a violation. The Fire Marshall shall serve the owner or authorized representative a fire alarm activation report. In a no-response situation by the responsible party, the Fire Marshall shall forward the report to the Building Code Office for action.
2. 
In the event of a fire alarm activation deemed by the Fire Marshall to be the result of a fire alarm malfunction, the owner shall be served a fire alarm activation report by the Fire Marshall indicating that the activation was deemed to be the result of a fire alarm malfunction, and requiring the owner to return a completed affidavit of service/repair within 15 business days of said alarm activation which can verify to the satisfaction of the Building Code Official and/or Fire Marshall that the fire alarm system in question has actually been examined by a licensed fire alarm service company and that a good faith attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return an affidavit or service/repair within said fifteen-day period which is satisfactory to the Building Code Office shall constitute a violation.
3. 
Service of Fire Alarm Activation Report and Affidavit of Service/Repair. Service of written notice of fire alarm activation report and affidavit of service/repair shall be accomplished by delivering a copy in person to the responsible party or any agent of the owner or responsible party at the premises or by posting a copy in a conspicuous place at the main entrance door.

§ 7-111 Violations.

[Ord. 565-96, 11/6/1996, § 12; as amended by Ord. 757-2009, 7/1/2009]
1. 
Notice of Violation. Whenever a code official observes an apparent or actual violation of a provision of this Part, the code official shall prepare a written notice of violation describing the condition which requires corrective action. The notice shall specify the violation and time limitations for the required repairs or improvements to be made to the fire alarm system. Failure to comply with the provisions of the notice of violation shall subject the violator to the penalties herein.
2. 
Service of Notice. The written notice of violation of this Part shall be served upon the owner, the occupant, an agent of the owner or occupant or any other person responsible for the conditions under violation. Such notice of violation shall be served either by certified mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of or responding to the premises on behalf of the responsible party. Posting a copy in a conspicuous place at the main entrance door shall be deemed the equivalent of personal delivery.
3. 
Nothing herein shall prevent the Building Code Official and/or Fire Marshall from filing a civil complaint against a party without issuing a notice of violation.
4. 
Tampering With Systems. Any person(s) who tamper with or interfere with the effectiveness of any fire alarm system or related component, shall be in violation of this Part.
5. 
Penalty for Violations.
A. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. A false alarm shall not be a violation of this Part, but the owner shall be responsible for paying a response fee in an amount as established from time to time, by resolution of the Board of Commissioners. No response fee shall be assessed for the first three false fire alarms at the same premises responded to by the East Pennsboro Township Fire Services during each calendar year. Thereafter, the following fees shall be paid by the owner for each false fire alarm responded to by the East Pennsboro Township Fire Service at the same premises during the calendar year.
B. 
Failure to pay any fee as prescribed herein shall constitute a violation.
6. 
It shall be a violation of this Part for any central station monitoring company or its employees to verify any fire alarm signal received prior to dispatching the local fire company through county-wide communications.
A. 
Exception. One- and two-family dwellings.
7. 
Once an automatic fire alarm has been dispatched for response by the East Pennsboro Township Fire Services, it shall be unlawful for any person(s) to reset the alarm panel, until the authorization of the Fire Marshall has been obtained.
8. 
Fines Collected. All fines and fees collected under this Part shall be deposited into the East Pennsboro Township General Fund.

§ 7-112 Unpaid Fee Charges.

[Ord. 565-96, 11/6/1996, § 13]
Should any fee assessed pursuant to this Part remain unpaid in excess of 90 days from the date the charge is billed, the owner shall also be responsible for any collection costs including attorneys fees incurred by the Township of East Pennsboro.
Editor's Note: The following Memorandum of Understanding replaces Res. 12-75, 9/15/1975, creating the "Fire Prevention Bureau of East Pennsboro Township, Cumberland County, Pennsylvania."

§ 7-201 Memorandum of Understanding.

MISSION STATEMENT: The East Pennsboro Fire Department is dedicated to the protection of life, property, and the environment for those who live, work, visit, or invest in our community. Through a well-trained and dedicated team of properly equipped volunteers, we pledge to deliver the highest quality fire suppression, public fire education, rescue and emergency response to all natural or man-made distress. This professional commitment to service in the proud neighbor-helping-neighbor tradition that is the basis of our community-based volunteer fire companies is also put forth by promoting personal development within the department and by promoting the retention and recruitment of active members, while utilizing effective principles and practices of modern fire and life safety technology in an accruable manner.
MEMORANDUM OF UNDERSTANDING
1.
There are six volunteer fire companies (hereinafter referred to as the "Companies"), located within East Pennsboro Township, Cumberland County, Pennsylvania (hereinafter known as the "Township"), and which provide fire protection to the Township. The names of said volunteer fire companies are: Citizens, Creekside, Goodwill, Midway, Summerdale and West Enola.
2.
A Fire Chief shall be appointed by the Board of Commissioners of East Pennsboro Township (hereinafter referred to as the "Board:), to oversee the East Pennsboro Township Fire Department (hereinafter referred to as the "Department"). This appointment shall be made biannually and will occur in January. This appointment shall be with the recommendation of the Department, but the Board will have final approval.
3.
Additionally, the Board will appoint two assistant fire chiefs, one in charge of fire prevention techniques, and one in charge of training. These appointments will be made biannually in the month of January and will be recommended by the Department. Final approval will be made by the Board during the month of January.
4.
During January of each year, the Department will appoint a retention and recruitment officer, as well as two safety officers.
5.
During January of each year, the Department will establish training standards and will hold joint training sessions at least four times per year. Failure of any company to participate in the aforementioned training session may be adequate basis for the Board to withhold its financial appropriation to any company.
6.
The Fire Chief shall be the coordinator and oversee all firefighting efforts. However, the District Chief of the Company within the District where the fire is located is primarily responsible for fighting and suppressing the fire.
7.
The Department will continue to coordinate its various insurance coverage(s), which may result in the reduction of costs and/or increase in the amount of coverage.
8.
In the interest of coordinating fire equipment purchases and eliminating the potential for the purchase of duplicative equipment, each Fire Company shall appoint a representative to an East Pennsboro Fire Department Equipment Committee to approve fire equipment purchases. The Department shall notify the Board of all fire suppression and/or rescue vehicle purchases and such purchases are subject to final approval by the Board.
9.
The units purchased by the Board will be titled in the name of East Pennsboro Township and will be the property of East Pennsboro Township. Each unit will be assigned to the respective companies. The Township shall be responsible for providing the maintenance, repairs, and insurance on these units. Certificate of Insurance will be provided to the Department. Each Fire Company Chief will coordinate any repairs and/or maintenance needed on Township owned vehicle(s) through the Fire Chief, who in turn will coordinate such work through the Township Manager or Assistant Township Manager. The Board shall have the right to make inspections of all units at their discretion.
It shall be the responsibility of each Fire Company that has been assigned Township owned fire apparatus to properly care and operate said equipment, with neglect or abuse of said equipment subject to forfeiture. All newly purchased Township-owned fire apparatus shall be graphic and decaled uniformly as recommended by the Equipment Committee and approved by the Board.
It shall be the responsibility of each respective Fire Company to comply with all township codes and ordinances with respect to real estate owned by the company and/or leased to the fire company by the Township.
10.
If the Board determines that certain companies are non-responsive to the requirements for adequate fire protection, firefighting and training, the Board may, within 30 days' written notice to the respective companies, reassign any apparatus owned by the Township. However, during said thirty-day period, any company may request an opportunity to meet and discuss with the Board in order to evaluate the relative positions of the Company and the Board.
11.
It shall be the responsibility of each respective Fire Company to submit to the Board by March 31st of each year a year-to-date Incident Participation Report for the previous year's activities.
12.
Before any new applicant shall become a member/volunteer of any Fire Company, it shall be the responsibility of each Fire Company to contact the Fire Chief, who will coordinate with the Chief of Police who will conduct a background check on each applicant.
13.
The Department and the Board shall hold a meet and discuss at least once annually, or additional times as the Board and/or Department might deem necessary, with the chief and presidents of all six fire companies.
14.
The Department and Board are both committed to the continuation of recruitment and incentive programs for the volunteer firefighters.
15.
Each Fire Company shall provide the Board by December 31st of each year a proposed budget for the upcoming year. Also, by March 31st of each year, each company shall submit to the Board a true and accurate report of the previous year's actual revenue and expenditures. Said revenue and expenditure report and budget shall be in a standardized form. At its discretion, the Board may conduct an independent audit of any Fire Company at any time at the Township's expense by a Township-appointed auditor. Each Fire Company shall bond [the appropriate officers] all officials with fiduciary responsibility.
Each Fire Company shall receive its annual contribution from the Township in quarterly installments.
16.
Each Fire Company shall have representation and attendance at all monthly Fire Board meetings and all quarterly meetings of the Firemen's Relief Association. A representative from the Fire Police, the EMS, the Police Department, and a Codes Officer shall attend the regular monthly Department meeting.
17.
It shall be the right of the Board of Commissioners to withhold the Township's contributions to the individual companies for any violations of this Memorandum of Understanding. Once the Board of Commissioners determines that a Company is in violation(s) of the Memorandum of Understanding, the Company will have 30 days from written notification to correct any and all deficiencies. If after 30 days the Company does not make the necessary corrections to such violation(s), the Board of Commissioners will withhold 1/52 per week of their yearly allocation until compliance is made from a Company for noncompliance of the Memorandum of Understanding will be deposited into the East Pennsboro Township Fire Department Equipment Fund.
18.
The Board may, upon 30 days' written notice, terminate this Memorandum of Understanding and declare same null and void. However, during said thirty-day period, any Company may request an opportunity to meet and discuss with the Board in order to evaluate the relative positions of the Company and the Board.
19.
This Memorandum of Understanding is binding upon the parties hereto, their successors and assigns.