In accordance with Section 1801 and 1803 of the Pennsylvania Second
Class Township Code, the purpose of Chapter
19 is to establish fire protection in West Hanover Township; ensure basic oversight, control measures, procedures and regulations governing conditions which could impede or interfere with effective fire services in the Township; and to authorize and permit activities for volunteer fire fighter personnel for workers' compensation purposes. Notwithstanding anything contained in this chapter to the contrary, neither the recognition of the fire company nor the authorization or permission herein granted to the fire company shall be construed as constituting the fire company as an agent, agency, department or employee of West Hanover Township, except insofar as such effect is provided under the provisions of the Pennsylvania Workers' Compensation Act, or the Pennsylvania Political Subdivision Tort Claims Act.
As used in this chapter, the following terms shall have the meanings
indicated below:
CAPITAL EXPENDITURE
An outlay of funds to acquire fixed assets or additions to them,
when an example of fixed assets may be major road and highway repairs; road
rebuilding projects; parking lot construction; sidewalk and pedestrian paths;
stormwater drainage and storm management facilities; construction of public
buildings and similar permanent structures; major building improvement and
infrastructure systems in public buildings; the purchase of public land; the
purchase of major equipment; engineering or architectural studies and services
related to a public improvement; and all outlays financed by long-term debt.
In West Hanover Township a capital expenditure typically is an item that costs
in excess of $4,000 and has a useful life of multiple years.
FIRE BOARD
A group of appointed officials organized on a temporary basis by the Board of Supervisors for the general purposes of appropriately overseeing and coordinating the management of a fire company recognized in Chapter
19, but has failed to comply with the requirements of Chapter
19 and has been found by the Board of Supervisors to be delinquent and unable to provide adequate fire-protection services to the Township. Specific tasks and duties of the Fire Board are established by resolution of the Board of Supervisors, which may include but may not be limited to providing for the improvement, advancement and development of the fire services within a delinquent fire company and/or establish funding priorities and mechanisms and to do any and all necessary business for the delinquent fire company to provide adequate fire service in the Township.
FIRE COMPANY
Any organized fire company which responds in West Hanover Township
for the purpose of extinguishment of a fire or other emergency involving protection
of life and/or property or when its assistance has been requested by the officer
in charge of the incident.
FIRE COMPANY VEHICLES
Any motor vehicle controlled by a volunteer fire company, the principal
purposes of said vehicle being the fighting of fires or supplying of related
services including emergency services. Essential fire company vehicles include
those such as a Class A pumper or rescue vehicle. All other vehicles are nonessential
in nature.
MUTUAL AID
A formal or informal agreement by two or more fire companies to agree
to cooperatively provide upon request such aid, fire protection and suppression
personnel and to make available such equipment or facilities as may be needed
for the suppression of fires or the duties and responsibilities associated
with saving lives and property within the jurisdictional areas of the requesting
department; provided that the personnel, equipment or facilities requested
are not otherwise required within a fire company's jurisdiction.
NFPA
National Fire Protection Association.
OFFICER IN CHARGE
The Fire Chief of the fire company or designee in whose district
the emergency occurs or, in his absence, the next ranking officer following
the chain of command established by the rules of the fire company in whose
district the emergency occurs.
VOLUNTEER FIRE COMPANIES
A fire company organized, recognized and existing under the laws
of the Commonwealth of Pennsylvania and authorized to act within West Hanover
Township.
VOLUNTEER FIRE FIGHTER
An active member of a volunteer fire company who is a member in good
standing of said volunteer company.
The West Hanover Township Fire Company #1 (hereafter "fire company")
organized and existing in the Township of West Hanover, Dauphin County, Pennsylvania,
is hereby designated as the officially recognized fire company for the Township.
Volunteer fire fighters in West Hanover Township, including any paid firefighter who performs the services of a volunteer firefighter during off-duty hours, are deemed to be West Hanover Township employees only when actively engaged in authorized duties as fire fighters; or while going to or returning from a fire emergency call which the fire company attended, including travel from and the direct return to a firefighter's home, place of business or other place when he/she shall have been when call or alarm was received. The authorized duties and activities listed in Chapter
19, §
19-4, are the sole duties and activities authorized by the Board of Supervisors of West Hanover Township to be performed by volunteer fire companies or their members. Any other activities performed by volunteer fire companies or their members shall be deemed as outside of the scope of the office or duties of volunteer fire companies and undertaken at the sole risk of the company and individual members, unless authorized in writing by the Board of Supervisors. Authorized duties and activities are as follows:
A. The fire company is hereby authorized to provide such
services to the Township as may be necessary for the protection of property
and persons situated therein, which include, by way of example and not of
limitation, the extinguishment and prevention of loss of life and property
from fire, motor vehicle accident, medical emergencies, hazardous materials
incidents and other dangerous situations.
B. The fire company is permitted to provide nonemergency
and public service functions to the Township, such as, by way of example and
not of 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.
C. The fire company is permitted to conduct and participate
in such training activities and drills, either within or outside of the Township,
as may be deemed necessary by the officer of the fire company to maintain
proficiency in providing services.
D. The fire company is permitted to respond to calls and
provide services to municipalities outside of the Township with which it maintains
mutual response agreements.
E. The fire company is permitted to engage in inspections
and tours of private property in the Township, when invited, for fire prevention,
planning and training purposes, preplanning, public education programs, testing
of fire protection equipment or systems, open houses, and other fire prevention
activities, when authorized by the Fire Chief or his/her designee.
F. The fire company may conduct scheduled special work details
at fire stations related to maintenance activities and recruitment programs.
G. Engage in fund-raising activities for the fire company
when authorized by an officer or officers of the fire company and attend parades
and similar civic activities when authorized by the Board of Supervisors.
In addition to actually participating in the activities of the fire company as authorized in §
19-4 above, the members of the fire company are also authorized by the Township to do the following:
The members of the fire company are further authorized to elect from
their membership such officers as may be provided in the bylaws of the fire
company.
Any person who shall violate any provisions of this Chapter
19, §
19-6 shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.
Nothing in this chapter hereby adopted shall be construed to affect
any suit or proceeding impending in any court, or any rights acquired, or
liability incurred, or any cause of action acquired or existing, nor shall
any just or legal right or remedy or any character be lost, impaired or affected
by this chapter.