[HISTORY: Adopted by the Board of Commissioners of the Township of Swatara as indicated in article histories. Amendments noted where applicable.]
Article I Recognition and Authority
Article II Authorized Activities and Boundaries
[Adopted 7-9-1980 by Res. No. R-1980-36 (Ch. 7, Part 1, § 105, of the 1990 Code)]
[Amended 2-14-1990 by Res. No. R-1990-8; 4-11-1990 by Ord. No. 1990-1; 12-13-2006 by Ord. No. 2006-12]
The following volunteer fire companies, organized and existing under the laws of the Commonwealth of Pennsylvania, housed within Swatara Township, are hereby authorized to provide through their volunteer members those authorized activities specified pursuant to Article II of this chapter:
[Adopted 7-9-1980 by Res. No. R-1980-37 (Ch. 7, Part 1, §§ 101 to 104, of the 1990 Code)]
As used in this article, the following terms shall have the meanings indicated:
- FIRE COMPANY VEHICLES
- Any motor vehicle owned (title registration evidences ownership) and 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.
- VOLUNTEER FIRE COMPANIES
- A fire company organized and existing under the laws of the Commonwealth of Pennsylvania and authorized to act within Swatara Township by resolution of the Board of Commissioners of Swatara Township.
- VOLUNTEER FIREMAN
- An active member of a volunteer fire company who is a member in good standing of said volunteer company.
[Amended 8-14-1985 by Res. No. R-1985-25]
Volunteer firemen are deemed to be Swatara Township employees acting within the scope of their office or duties under the provisions of the Political Subdivision Tort Claims Act as members of their volunteer fire company when actually on duty and performing the following activities: fighting fire; providing traffic or crowd control at fires; attending emergencies where their fire company is in attendance; going to, or returning directly from, fires or alarms or emergencies on fire company vehicles; attending fire drills or tests or trials of fire-fighting apparatus which their fire company is attending; or attending other authorized training sessions attended by their fire companies. Duly appointed and confirmed special fire police shall provide traffic or crowd control, under the direct supervision of the Chief of Police or his designee, at emergencies where their fire company is in attendance or where the presence of special fire police is directly requested by the Chief of Police or his designee. The aforesaid list of activities are the sole activities authorized by the Board of Commissioners of Swatara Township to be performed by volunteer fire companies or their members; any other activity performed by volunteer fire companies or their members shall be unauthorized and 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. Nothing contained in the aforesaid list of authorized activities shall in any fashion be construed, however, as expanding or changing any of the provisions of § 202(b) (wherein there is listed actions or activities which may impose liability on a political subdivision). [See 53 P.S. § 5311.202(b).]
Editor's Note: Former 53 P.S. § 5311.202 was repealed 10-5-1980 by P.L. 693, No. 142. See now 42 Pa.C.S.A. § 8542.
[Amended 10-8-1980 by Res. No. R-1980-52; 4-1-1992 by Ord. No. 1992-1]
The aforesaid list of authorized activities shall be conducted by both volunteer fire companies and individual active fire fighters upon dispatch by the Dauphin County Emergency Management Agency; Fire Division; provided, that specific companies shall respond to fire calls only in accordance with the fire alarm box system heretofore established by Swatara Township, and further provided that the Swatara Township Fire Marshal, or his designee, shall in coordination with the fire chiefs of Swatara Township be responsible for assuring that Swatara Township has sufficient fire protection at all times. The Fire Marshal, or his designee, shall have the ability to recall any fire companies to assure sufficient fire protection.