[HISTORY: Adopted by the Township Council of the Township of College 3-7-1996
by Ord. No. O-96-01. Amendments noted where applicable.]
The Alpha Fire Company of State College, Pennsylvania (hereinafter called
the "Company"), organized and existing in the Borough of State College, Centre
County, Pennsylvania, is hereby designated as the officially recognized fire
company for College Township.
A.
The Company is authorized to provide fire, rescue and
related services to College Township as may be necessary for the protection
of persons and property situated therein. These services include, by way of
example and not of limitation, the extinguishment of unwanted fires, prevention
or reduction of loss of life or injury to persons or damage to property from
fires, traffic accidents, building collapses, hazardous materials incidents,
fire prevention programs, emergency operations and other dangerous situations.
B.
The Company may also provide nonemergency and public
service functions, such as, by way of example and not of limitation, traffic
control after a storm or other related activities that assist in prevention,
mitigation or abatement of injury, damage or other undesirable consequences,
whether from natural or man-made situations.
C.
The Company may also conduct and participate in such
training activities and drills, either within or outside of College Township,
as may be deemed necessary by the Fire Chief or his/her designee to maintain
proficiency in providing service.
D.
The Company may also respond to calls and provide services
to jurisdictions outside of College Township.
E.
The Company may also conduct regular and special meetings,
work details, maintenance activities, fund-raising programs and public education
programs. Social events are the exclusive responsibility of the Company.
F.
The Company may also participate in other activities
as may be approved by the Centre Region COG.
In addition to actually participating in the activities of the Company
as authorized above, or in going to or returning from any activity, the members
of the Company are also authorized to:
A.
Engage in any type of drill, training, funeral detail,
ceremony, practice, test or parade when authorized by the Fire Chief, President
or his/her designee.
B.
Engage in fund-raising activities for the Company and
programs aimed at securing and retaining Company members, when authorized
by the Fire Chief, President or his/her designee.
C.
Engage in inspections and tours of private property,
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, President or his/her designee.
D.
Attend local, regional, state and national fire association
meetings, conferences and conventions, when authorized by the Fire Chief,
President or his/her designee.
E.
Engage in the performance of any other function, duty
or activity authorized by the Centre Region COG.
A.
The Company shall select a Fire Chief and Assistants,
in accordance with its bylaws. The names of these individuals shall be forwarded
to the Centre Region COG General Forum for approval and appointment, after
which the Chief of the Alpha Fire Company shall be designated as the Fire
Chief of College Township. The Fire Chief shall be invested in powers under
authority granted by College Township and shall carry a badge of authority
when exercising his/her duties. The Fire Chief shall be responsible to the
Centre Region COG General Forum for his/her actions and shall report to the
Centre Region COG General Forum as necessary in conducting his/her duties,
and at such times as requested to appear before it. Any change in policies
and procedures for fire, rescue and related services within College Township
shall be coordinated with the Centre Region COG.
B.
The term "Fire Chief" as used in this chapter and the
Articles of Agreement adopted by this chapter means the Fire Chief and his/her
designees. The designees of the Fire Chief shall be identified in the policies,
procedures or bylaws of the Fire Company.
C.
When, in the opinion of the Fire Chief, there is actual
and potential danger to the occupants or those in the proximity of any building,
structure or premises because of fire, unsafe structural conditions or inadequacy
of any means of egress, the presence of explosives, explosive fumes or vapors,
or the presence of toxic fumes, gases or materials, the Fire Chief shall order
the immediate evacuation of said building, structure or premises. All occupants
so notified shall immediately leave the structure or premises, and persons
shall not enter or re-enter until authorized to do so by the Fire Chief.
D.
The Fire Chief is empowered to direct such operations
as may be necessary to extinguish, mitigate or control any suspected or reported
fires, gas leaks, rescue or other hazardous conditions or situations or of
taking any other action necessary to save life, protect property and prevent
further injury or damage, in the reasonable performance of his/her duty. The
Fire Chief may prohibit any person, vehicle or object from approaching the
scene and may remove or cause to be removed from the scene any person, vehicle
or object which may impede or interfere with the operations of the Company.
The Fire Chief may remove or cause to be removed any person, vehicle or object
from hazardous areas. All persons ordered to leave a hazardous area shall
do so immediately and shall not re-enter the area until authorized to do so
by the Fire Chief. The Fire Chief shall also have the power to call upon any
municipal police officer to aid and assist in the carrying into execution
any measure he/she may deem proper and expedient.
E.
The Fire Chief shall have the authority to establish
barriers to control access in the vicinity of emergencies and to place, or
cause to be placed, ropes, guards, barricades or other obstructions across
any street or alley to delineate such emergency scene barrier. No person except
as authorized may cross such barriers.
F.
The duties of the Fire Chief and his/her designees include:
(1)
Supervise and control the Company at fires and other
incidents where the Company is called to provide service.
(2)
Attend, if practical, all fires and other incidents where
the Company is called to provide service.
(3)
Supervise and control the use of fire services program
vehicles and equipment.
(4)
Provide for the maintenance of all records pertinent
to emergency operations and training conducted by the Company.
(5)
Approve any use of special fire police for nonemergency
service.
(6)
Perform all plan review activities as specified by ordinance
of the participating municipalities.
(7)
Assist the Fire Administrator in the preparation of the
annual budget for the fire services program.
(8)
Present recommendations to the Centre Region COG regarding
Company activities or issues impacting the fire services program.
(9)
Engage in the performance of any other function, duty
or activity authorized by the Centre Region COG and the laws of the commonwealth.
(10)
Within budgetary limitations, provide for the maintenance
of all equipment supplied by the Centre Region COG.
(11)
Coordinate all major repairs and contract maintenance
with the Fire Administrator.
(12)
Publish and distribute written rules, regulations, policies
or procedures necessary to ensure safe and effective operations.
A.
In accordance with the Joint Articles of Agreement for
the fire, rescue and related services program, the Council of College Township
herein authorizes the Executive Director of the Centre Region COG, with the
advice and consent of the COG Executive Committee, to biennially appoint a
Fire Marshal and Assistants for College Township, as well as three other municipalities,
all of Centre County. For purposes of insurance liability only, the Fire Marshal
shall be considered an employee of the Centre Region COG and subject to terms
and conditions of appointment as it may approve.
B.
The Fire Marshal shall investigate or cause to be investigated
every fire or explosion occurring within College Township that is of suspicious
nature or which involves the loss of life or serious injury or causes destruction
or damage to property. Such investigation shall be initiated immediately upon
the occurrence of such fire or explosion; and, if it appears that such an
occurrence is of a suspicious nature, the Fire Marshal shall take charge immediately
of the physical evidence and, in order to preserve any physical evidence related
to the cause or origin of such fire or explosion, take means to prevent access
by any person or persons to such building, structure or premises until such
evidence has been properly processed. The Fire Marshal shall notify such persons
designated by law to pursue investigations into such matters and shall further
cooperate with such authorities in the collection of evidence and prosecution
of the case and shall pursue the investigation to its conclusion. The Fire
Marshal shall provide for the preparation and submission of reports and other
information relating to his/her duties, as may be requested by the Executive
Director of the Centre Region COG.
No person shall obstruct the operations of the Company in connection
with extinguishing or control of any fire, or actions relative to other emergencies,
or disobey any lawful command of the Fire Chief or any lawful order of a police
officer assisting the Company.
A.
In accordance with the Special Fire Police Act, the Council
of College Township herein authorizes the General Forum of the Centre Region
COG to confirm special fire police when nominated by the Company. Special
fire police are subject to the terms and conditions of appointment as may
be approved by the Centre Region COG. Special fire police may be removed upon
recommendation of the Fire Chief or the Police Chief of College, Ferguson
or Patton Townships or State College Borough.
B.
After being nominated by the Company, confirmed by the
General Forum and sworn, special fire police members may engage in crowd control,
traffic control and related activities as described in the Special Fire Police
Act. When on duty, all special fire police shall display a badge of authority
and shall be subject to the control of the Chief of Police of the municipality
in which they are serving or, if none, of a member of the Pennsylvania State
Police.
C.
On behalf of the Council of the municipality in which
they are serving, the Police Chief may request the special fire police to
perform traffic or crowd control at any event, function or parade conducted
by an organization other than the Alpha Fire Company.
A.
Unless otherwise provided in this chapter or by the College
Township Council, neither the Alpha Fire Company nor its officers, members,
representatives, agents, servants or employees shall have the power or authority
either actual, apparent or implied, to contractually bind or create contractual
liability on the part of any municipal entity.
B.
However, it is recognized that the Alpha Fire Company
is a governmental agency and that its officers, members, representatives,
agents, servants or employees are included within the provisions of the Political
Subdivision Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and, as such,
the Alpha Fire Company, its officers, members, representatives, agents, servants
and employees are entitled to immunity from tort liability and to all rights
and privileges as provided in said Act.
Any person, firm or corporation who shall violate any lawful order of
the Fire Chief, Fire Marshal or special fire police authorized by this chapter
shall, upon conviction thereof, be subject to a fine of not less than $100
nor more than $1,000 or imprisonment for a term not to exceed 30 days, or
both, at the discretion of the court. Each day that a violation continues
after due notice has been served, in accordance with the terms and provisions
hereof, shall be deemed a separate offense.
A.
This chapter hereby repeals the Joint Articles of Agreement
for Regional Fire Service and Fire Equipment Purchases, dated May 31, 1972.
B.
The Joint Articles of Agreement for Fire, Rescue and
Related Services, dated November 27, 1995, are hereby referred to, adopted
and made a part hereof, as if fully set out in this chapter.
This chapter shall become effective five days following its adoption
by College, Ferguson and Patton Townships and State College Borough.
