[Adopted 9-7-1982 as Ord.
No. 82-7]
The following words and phrases, when used in this Article, shall have,
unless otherwise clearly indicated, the meanings given to them in this section:
The Pennsylvania Emergency Management Agency.
The Pennsylvania Emergency Management Council.
A man-made disaster, natural disaster or war-caused disaster.
Those conditions which may, by investigation made, be found, actually
or likely, to:
Affect seriously the safety, health or welfare of a substantial number
of the citizens of the Borough of Norristown or preclude the operation or
use of essential public facilities;
Be of such magnitude or severity as to render essential borough efforts
or resources exerted or utilized in alleviating the danger, damage, suffering
or hardship faced; and
Have been caused by forces beyond the control of man, by reason of civil
disorder, riot or disturbance or by factors not foreseen.
The judicious planning, assignment and coordination of all available
resources in an integrated program of prevention, mitigation, preparedness,
response and recovery for emergencies of any kind, whether from attack or
man-made or natural sources.
The preparation for and the carrying out of functions, other than
functions for which military forces are primarily responsible, to prevent,
minimize and provide emergency repair of injury and damage resulting from
disasters, together with all other activities necessary or incidental to the
preparation for and carrying out of those functions. The functions include,
without limitation, fire-fighting services, police services, medical and health
services, rescue services, engineering services, disaster warning services,
communications, radiological services, shelter, chemical and other special
weapons defense, evacuation of persons from stricken areas, emergency welfare
services, emergency transportation, emergency resources management, existing
or properly assigned functions of plant protection, temporary restoration
of public utility services and other functions related to civil protection.
The condition declared by the Mayor, or the Emergency Coordinator
in the Mayor's absence, when, in his judgment, the threat or actual occurrence
of a disaster is or threatens to be of sufficient severity and magnitude to
warrant coordinated local government action to prevent or alleviate the damage,
loss, hardship or suffering threatened or caused thereby.
The Norristown Emergency Management Organization.
Any industrial, nuclear or transportation accident, explosion, conflagration,
power failure, natural resource shortage or other condition, except enemy
action, resulting from man-made causes, such as oil spills and other injurious
environmental contamination, which threatens or causes substantial damage
to property, human suffering, hardship or loss of life.
Any hurricane, tornado, storm, flood, high water, wind-driven water,
tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion
or other catastrophe which results in substantial damage to property, hardship,
suffering or possible loss of life.
Any condition following an attack upon the United States resulting
in substantial damage to property or injury to persons in the United States
caused by the use of bombs, missiles, shellfire, nuclear, radiological, chemical
or biological means or other weapons or overt paramilitary actions or other
conditions such as sabotage.
A.
It is the intent and purpose of this Article to establish
the Norristown Emergency Management Organization in order that it will ensure
the complete and efficient utilization of all borough facilities to combat
disaster where resulting from enemy action or other disasters as defined herein.
B.
The Norristown Emergency Management Organization will
be the coordinating agency for all activity in connection with emergency relief.
It will be the instrument through which the Norristown Emergency Management
Coordinator may exercise the authority and discharge the responsibilities
vested in him in accordance with P.L. 1332, No. 323, November 26, 1978.[1]
[1]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
C.
The enactment of this Article will not relieve any borough
department of the moral responsibilities or authority granted it through the
Borough Code[2] or local ordinance, nor will it adversely affect the work of any
volunteer agency organized for relief in disaster emergencies.
[2]
Editor's Note: See 53 P.S. § 45101 et seq.
A.
Council. The primary responsibility for overall policy
and direction of the Norristown Civil Defense and Disaster Program and response
capability of the type herein prescribed shall be vested in the body legally
known as the "Norristown Emergency Management Council," which shall consist
of the Mayor, the Chief of Police, the Chief of the Norristown Fire Department,
the Chairman of the Public Safety Committee, the Chairman of the Fire Committee
and the Coordinator of the Norristown Emergency Management Organization. The
Mayor of the Borough of Norristown may designate a member to serve as Chairman.
Three (3) members shall constitute a quorum.
B.
Compensation and expenses. The members of the Emergency
Council shall serve without compensation.
C.
Regular meetings. For the conducting of routine business,
including particularly the consideration of matters of basic policy, the Emergency
Council shall meet at the call of the Chairman and at least three (3) times
during each calendar year.
D.
Emergency meetings. In the event of attack or disaster
situations determined actually or likely to be of such a nature, magnitude,
severity or duration as to necessitate extensive or extraordinary deployment
and use of borough resources for emergency purposes, the Chairman shall, within
not more than forty-eight (48) hours immediately following such determination,
call the Council into emergency session for consideration of actions taken
or to be taken. In the absence of the Chairman, notice of such meeting shall
be disseminated to the membership by the Coordinator of the Norristown Emergency
Management Organization.
The Emergency Council shall have the following powers and duties:
A.
To prepare, maintain and keep current a Norristown Emergency
Management Plan for the prevention and minimization of injury and damage caused
by disaster, prompt and effective response to disaster and disaster emergency
relief and recovery. The plan may include provisions for:
(1)
Preparedness standards established by the federal and
state emergency management agencies.
(2)
Assistance to borough officials in designing emergency
management plans and training programs.
(3)
Organization of manpower, chains of command, continuity
of government in emergency situations and emergency operation principles.
(4)
Coordination of federal, commonwealth and local disaster
emergency management activities.
(5)
Assistance to the commonwealth and other local governments
in obtaining, utilizing and managing federal and commonwealth disaster assistance.
(6)
Identification of areas within the borough particularly
vulnerable to disasters.
(7)
Recommendations for zoning, building and other land use
controls; safety measures pertaining to nonpermanent or semipermanent structures;
resource conservation and allocation; and other preventive and preparedness
measures designed to eliminate or reduce disasters or their impact.
(8)
Authorization and procedures for the erection or other
construction of temporary works designed to protect against or mitigate danger
or damage caused by flood, conflagration or other disaster.
B.
To promulgate, adopt and enforce such rules, regulations
and orders as may be deemed necessary to carry out the provisions of this
section.
C.
To establish and operate or to assist in the establishment
and operation of training programs and programs of public information.
D.
To determine the need for, maintain information regarding
and procure materials, supplies, equipment, facilities and services necessary
for disaster emergency readiness and recovery.
E.
To plan and make arrangements for the availability and
use of any private facilities, services and property and, if necessary and
if in fact used, provide for payment for use under terms and conditions agreed
upon.
F.
To cooperate with the federal government, state government
or any other public or private agency or entity in achieving any purpose of
this section and in implementing programs for disaster prevention, preparation,
response and recovery.
G.
To accept and coordinate assistance provided by federal
agencies in major disasters in accordance with the provisions of the Federal
Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. § 5121
et seq.), or any amendment or reenactment thereof.
A local disaster emergency may be declared by the Mayor upon finding
that a disaster has occurred or is imminent. The Mayor may authorize the Coordinator
of Emergency Management to declare a local disaster emergency, subject to
ratification by the Mayor. The declaration of emergency shall not be continued
or renewed for a period in excess of seven (7) days, except by or with the
consent of the Council. Any order or proclamation declaring, continuing or
terminating a local disaster emergency shall be given prompt and general publicity
and shall be filed promptly with the State Emergency Management Organization.
The effect of a declaration of a local disaster emergency is to activate the
response and recovery aspects of the Norristown Emergency Management Organization
and to authorize the furnishing of aid and assistance thereunder.
A.
A Coordinator of Emergency Management shall be appointed
by the Governor upon the recommendation of the Mayor. Upon the failure of
the Mayor to make a recommendation of a candidate for Coordinator, the Governor
is authorized to appoint a Coordinator without any recommendation.
B.
Qualifications of Coordinator. The Coordinator shall
be professionally competent and capable of planning, effecting coordination
among operating agencies of government and controlling coordinated operations
by local emergency preparedness forces.
C.
In-service training. Each appointed Coordinator shall:
(1)
Attend and successfully complete the first phase of the
career development program as prescribed by the Pennsylvania Emergency Management
Organization within one (1) year after appointment.
(2)
Attend and successfully complete the second phase of
the career development program as prescribed by the Pennsylvania Emergency
Management Organization within three (3) years after his appointment.
(3)
Attend basic and advanced seminars, workshops and training
conferences called by the State Director and/or official having responsibility
for providing the Coordinator with in-service training.
D.
Failure of the Coordinator to attend the instruction
described in this section or his failure to attend a prescribed training conference
for a period of two (2) consecutive years shall be cause for replacement.
The Norristown Emergency Management Council shall:
A.
Prepare, maintain and keep a current Disaster Emergency
Management Plan for the prevention and minimization of injury and damage caused
by disaster, emergency relief and recovery in consonance with the Pennsylvania
Emergency Management Plan.
B.
Establish, equip and staff an emergency operations center,
consolidated with warning and communication systems, to support government
operations in emergencies and provide other essential facilities and equipment
for agencies and activities assigned emergency functions.
C.
Provide individual and organizational training programs
to ensure prompt, efficient and effective disaster emergency services.
D.
Organize, prepare and coordinate all locally available
manpower, materials, supplies, equipment, facilities and services necessary
for emergency readiness, response and recovery.
E.
Adopt and implement precautionary measures to mitigate
the anticipated effects of disaster.
F.
Execute and enforce such rules and orders as the agency
shall adopt and promulgate under the authority of this article.
G.
Cooperate and coordinate with any public or private agency
or entity in achieving any purpose of this article.
H.
Provide prompt and accurate information regarding local
disaster emergencies to appropriate commonwealth agencies and the general
public.
Neither the Norristown Emergency Management Organization, Council, Coordinator
or any member of the Emergency Council, except in cases of willful misconduct,
the agents, employees or representatives of any of them engaged in any emergency
services activities nor, except in cases of willful misconduct or gross negligence,
any individual or other person under contract with them to provide equipment
or work on a cost basis to be used in disaster relief nor, except in cases
of willful misconduct or gross negligence, any person, firm, corporation or
agent or employee of any of them engaged in disaster services activities,
while complying with or attempting to comply with this article or any rule
or regulation promulgated pursuant to the provisions of this article, shall
be liable for the death of or any injury to persons or loss or damage as a
result of that activity.
All duly enrolled emergency management volunteers who are not eligible
to receive benefits under the workmen's compensation laws shall be entitled,
except during a state of war or period of armed conflict within the continental
limits of the United States, to the following benefits relating to injuries
sustained while actually engaged in emergency management activities or en
route to and from emergency management tasks or operations authorized by the
Pennsylvania Emergency Management Agency and carried out in accordance with
rules and orders promulgated and adopted by the Agency:
