[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 3-1-1995 by Ord. No. 95-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Firemen's Relief Association — See Ch. 28.
Police Department — See Ch. 65.
Fire prevention — See Ch. 146.
Fireworks — See Ch. 148.
[1]
Editor's Note: This ordinance also repealed
former Ch. 24, Fire Department, adopted 1-4-1909, as amended.
The Alert Fire Company No. 1 and the Minquas
Fire Company No. 2 shall constitute the Fire Department of the Borough
of Downingtown.
[Amended 2-18-2015 by Ord. No. 2015-01]
Borough Council shall appoint the Chief of the Downingtown Fire
Department. The Chief shall serve a term of three years. Such appointments
shall be made before November of the third year of the previously
appointed Chief's term.
[Amended 12-18-1996 by Ord. No. 96-18; 2-18-2015 by Ord. No. 2015-01]
No one shall be eligible for the office of Chief of the Department
unless he/she shall have attained the age of 25 years, is a citizen
of the United States and resides within a ten-mile radius from the
Borough limits. The Chief must have formal training in the following
areas: firefighting, incident command, vehicle rescue, pump operation,
arson investigation, hazardous materials and safety. Formal training
shall consist of classes or seminars, sponsored by the state or county,
leading to the granting of a certificate of completion.
A.
The Chief of the Department shall have full control
of the Fire Department, assign to each company its duties when the
occasion arises and dismiss said companies when the services are no
longer required.
B.
In case of fire or emergencies, he/she shall have
full control of all fire apparatus, equipment and personnel.
C.
He/she shall prescribe rules for the regulation and
management of said companies involving fires, emergencies and department
functions.
D.
If deemed necessary, he/she shall cause the scene
of a fire or emergency to be secured, admitting Borough officials
and those immediately interested in the property. The area must be
considered safe for entry, or at his/her discretion, all entry can
be denied.
E.
He/she shall issue and enforce all such orders in
his/her judgment to save lives and property and control hazards at
emergency scenes involving the Fire Department.
F.
Annually the Fire Chief shall provide a written report
to the Council and the Fire Protection Advisory Board (FPAB) concerning
the activities of the previous year, the condition of equipment and
future plans. This report should be submitted at February's meeting
for the previous calendar year.
G.
He/she shall see to the enforcement of all ordinances,
rules and regulations of the Council governing the Fire Department.
H.
The Chief shall divide his/her time equally between
said companies and shall chair an annual Department meeting, monthly
officers meetings and bimonthly training exercises.
I.
For all purposes touching the functions of his/her
office, he/she shall have free access at all times to the houses and
buildings of the companies of said Department.
J.
He/she shall receive for his/her services such compensation
as shall be determined by the Borough Council from time to time.
Each of the companies constituting the Fire
Department shall, at a meeting each December, elect one of its members
to act as Assistant to the Chief of the Department for the term of
one year. Such Assistants shall be given the rank respectively of
Deputy and Assistant by the Chief of the Department. Effective January
1, 1996, these Assistants must meet the training qualifications for
Chief.
In case the Department is called into service
in the absence of the Chief of the Department, his/her duties shall
be performed by the next line officer in the Fire Department chain
of command. This line officer shall be vested with all the powers
and authority residing with the Chief of the Department during the
continuance of service.
A majority of the Council at any regular or
special meeting may remove the Chief for gross negligence of duty.
[Amended 2-18-2015 by Ord. No. 2015-01]
If for any reason the Chief fails to complete his/her term,
the Assistant Chief or Deputy Chief shall be appointed by Borough
Council to fill the vacancy of the Chief until Borough Council appoints
a new Chief.
Disciplinary actions will be the responsibility
of the Chief of the Department to oversee. Any penalty can be appealed
to a committee of the Chief and two Assistants and then, if necessary,
to the Borough Council.
[Amended 8-6-1997 by Ord. No. 97-6]
A.
Each fire company shall elect a limited number of
fire police, who shall be approved and sworn in by the Mayor and who
shall act in times of fire or other emergencies under the direction
of the Chief of the Department or Chief of Police, if so ordered.
B.
The fire police shall have the police powers necessary
to perform their duties when functioning as special fire police at
any function event or parade conducted by and under the auspices of
any volunteer fire company or any other event or parade (including
non-fire-fighting events such as directing traffic for commercial
establishments), conducted by an organization other than a volunteer
fire company, provided that the request to perform these duties is
made by the municipality in which the event shall be conducted. A
person functioning as special fire police and performing the duty
under any of the above conditions shall be deemed to be performing
the duties of his employment and as such is covered under the Borough's
workers' compensation insurance.
The Department Chief annually will propose a
budget for maintenance, training, operating supplies and new equipment
to the FPAB. This budget, including a Capital Equipment Replacement
Schedule, will be evaluated and reviewed by the FPAB for submission
to their respective municipalities for approval.
[Added 8-6-1997 by Ord. No. 97-6]
A.
According to Section 601(a)(1) of the Workers' Compensation
Act, a member of the volunteer fire company is eligible for workers'
compensation insurance if he/she is:
(1)
Actively engaged as a fire fighter.
(2)
Going to or from a fire which his or her company attended,
including travel time from and the direct return to a fire fighter's
home, place of business or other place where he/she shall have been
when he/she received the call.
(3)
Participating in a fire drill with his/her company,
training.
(4)
Repairing or doing work on or about the fire apparatus
or buildings and grounds if authorized by the Fire Chief or whoever
is in charge.
(5)
While answering any emergency call for any purpose.
(6)
Riding on the fire apparatus which is owned or used
by the fire company.
(7)
Performing any other duty of the volunteer fire company
as authorized by the municipality.
B.
Unauthorized activities of Volunteer Fire Department.
(1)
The Borough of Downingtown does not authorize members
of the Volunteer Fire Department to participate in the following non-fire-fighting
competitive activities that place the participants at a greater risk
for workers' compensation coverage. These types of activities shall
include but not be limited to:
(2)
Under no circumstances will the fire company be permitted
to participate in any ancillary activities where the members of the
fire company are serving, selling or distributing alcoholic beverages.
(3)
Under no circumstances will a member be covered under
the Borough's workers' compensation insurance if he/she is injured
as a result of controlled substance abuse.
In order to include all members of volunteer
fire companies or of the Volunteer Fire Department of the Borough
of Downingtown within the provisions of the Act of the General Assembly
of the Commonwealth of Pennsylvania approved the second day of July
1941, known as the "Act of 1941, P.L. 222," in addition to the coverage
described in the Act of 1939, P.L. 566,[1] the Borough of Downingtown hereby authorizes members of
the Volunteer Fire Department of the Borough of Downingtown to perform
the following duties:
A.
To fight fires and handle emergencies, including all
activities ancillary thereto.
B.
To operate an ambulance, including all activities
ancillary thereto.
C.
To respond to out-of-jurisdiction calls (mutual aid).
D.
To inspect buildings relative to said building's being
a fire hazard.
E.
To identify and remove fire hazards.
F.
To assist in the removal or salvage of all property
of any character which has been subject to windstorms, floods, accidents
or fires.
G.
To assist in the maintenance, repair, installation
or removal of any real estate or other property owned by said volunteer
fire company or property owned by the Borough of Downingtown which
is being used or operated by said companies.
H.
To assist with the Civil Defense Program.
I.
To attend and participate in fire training schools,
exhibitions or programs, whether held locally or not.
J.
To attend or participate in fire prevention programs.
K.
To assist in the maintenance of alarm systems or fire
hydrants.
L.
To assist in the rescue of persons or animals.
M.
To attend meetings, i.e., company, Department, Fire
Chiefs, association, etc.
N.
To participate in fund-raising activities.
O.
To assist in pump outs or water rescues.
P.
To participate in parades.
Q.
To respond to any authorized call.
R.
To perform such other duties as the Chief of the Department
or the Borough Council may from time to time approve.
S.
To go and return from any of the above duties in any
form of conveyance.
[1]
Editor's Note: See now 77 P.S. § 1031
et seq.
A.
The Borough shall establish a Fire Protection Advisory
Board (FPAB) comprised of the Chief of the Fire Department, a Borough
Council member, a citizen of the Borough, a supervisor of East Caln
Township and a citizen of East Caln Township. The composition of the
Fire Protection Advisory Board may be increased to include representatives
from neighboring municipalities that have contributed resources to
the Fire Department, provided that an appropriate modification to
the agreement between East Caln Township and the Borough is adopted.
The Fire Protection Advisory Board shall recommended budgets, financial
plans and a Capital Equipment Replacement Schedule in cooperation
with the Chief of the Fire Department and review contracts and services
provided to the municipalities served.
B.
All prior ordinances which constituted or were incorporated within Chapter 24 of the Code of the Borough of Downingtown prior to the effective date of this chapter are hereby repealed.
C.
This chapter shall be effective upon enactment as
provided by law.
