Township of Whitehall, PA Part 1 Administrative Provisions

[Adopted 7-12-1999 by Ord. No. 2183]

Article I Whitehall Township Fire Department

§ 7-1 Fire Department recognition; membership.

The Whitehall Township Fire Department (the "Department") is hereby recognized and shall consist of such individuals who are at least 18 years of age and fire companies as have been and may be admitted to the Department and such fire apparatus and fire equipment as may be acquired for or added to the Department from time to time by the Township Board of Commissioners.

§ 7-2 Admission of individuals to Fire Department.

Any individual at least 18 years of age desiring to be admitted to one of the recognized volunteer fire companies, shall apply to the Board of Directors of that company for such admission. The Board of Directors shall admit to membership all those applicants who are at least 18 years of age, who meet minimum qualifications as determined by that company, who will obey and be governed and abide by all the laws, ordinances and regulations of the Department and all orders of the Fire Chief.

§ 7-3 Admission of fire companies to Fire Department.

All existing volunteer fire companies shall continue to be recognized by the Township. In addition, any newly established fire company, which has been duly organized hereafter, desiring to be admitted to the Department shall apply to the Board of Commissioners for admission, and if so admitted shall, through its President and Secretary, sign an agreement (duly authorized by resolution of said company properly passed at a regular meeting of said company and shall be placed upon its minutes) that is and all its members will obey and be governed and abide by all the laws, ordinances and regulations of the Township for the government of said Department and all orders of the Fire Chief. When so admitted, the Township shall determine what area, duties and supplies or equipment shall be allocated to such new company.

§ 7-4 Appointments; prerequisite qualifications; compensation; death, resignation or removal of Fire Chief during term; and replacement procedure.

A. Appointments. The Mayor, with the approval of the Board of Commissioners by a majority vote of the total number thereof, shall appoint one person to be known as the Chief of the Fire Department of the Township of Whitehall (the "Fire Chief"). Said person shall:

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

(1) Be able and competent to fulfill the prerequisite qualifications as established in Subsection B below.

(2) Perform the duties set forth in the job description for the position as amended from time to time.

(3) Pass a noncompetitive examination administered by an outside professional testing agency (such examination shall test general firefighting knowledge).

(4) After an offer and acceptance of employment, pass a physical examination.

B. Prerequisite qualifications. All applicants for the position of Fire Chief shall at the time of application (unless another time period is specifically set forth herein):

(1) Have a current and valid Pennsylvania drivers license and commercial drivers license or secure same within six months of being hired.

(2) Have no felony convictions or disqualifying criminal histories within the past seven years.

(3) Be able to read, write and communicate effectively in the English language.

(4) Be able to obtain the necessary NFPA (National Fire Protection Association) certification required for a fire chief.

(5) Have seven years experience in fire service work, three years of which must have been equivalent to fire lieutenant or higher.

(6) Have earned a high school diploma or equivalent.

(7) Completion of training.

(a) Have satisfactorily completed training in the following areas:

[1] Advanced firefighting.

[2] Arson investigation.

[3] Basic firefighter.

[4] Building construction.

[5] BOCA classroom training of three sessions or more for the BOCA Fire Prevention Code.

[6] Hazardous materials.

[7] Officer's training.

[8] Waters supply.

(b) In the event that the applicant has not satisfactorily completed training in Subsection B(7)(a)[4] and/or [8], the applicant will be given one year (with diligent effort) after the offer and acceptance of employment to satisfactorily complete such training.

(8) Have completed of all such requirements necessary to perform fire inspections and code compliance reviews on behalf of the Township.

(9) All documents supporting an applicant's satisfaction of the above requirements (including written certifications provided by the issuing authority with respect to satisfactory completion of training) must be provided to the Township, shall be authenticated by the Township and shall be maintained in the applicant's personnel file.

C. Compensation. The salary of the Fire Chief shall be in accordance with the applicable salary guide for nonunion employees of the Township. The position of Fire Chief shall be deemed a full-time position, unless subsequently established to be less than a full-time position by the Board of Commissioners.

D. Removal of Fire Chief during term.

(1) The Fire Chief shall serve during good behavior and satisfactory service and shall not be removed from office during his or her term, except for cause.

(2) For the purposes of this Subsection D the term "cause" shall be deemed to mean misfeasance or malfeasance related to office, conviction of a crime of the third degree or above, a crime involving moral turpitude, or continual neglect of duty or failure to satisfy the qualifications in Subsection B above.

(3) In the event that cause for removal is alleged against the Fire Chief, the Fire Chief shall have an opportunity to respond to such written charges at a hearing before the Board of Commissioners conducted pursuant to the provisions of the Local Agency Law (2 Pa.C.S.A. § 551 et seq.).

(4) Removal of the Fire Chief shall occur only upon the affirmation vote by a majority vote of the total number of Board of Commissions following a hearing.

(5) In the event of death or removal of the Fire Chief, the Deputy Chief/Fire Marshall will take control and act as the interim fire chief until a new chief is appointed and approved.

§ 7-5 Duties of Fire Chief.

The Fire Chief shall:

A. Superintend and direct the operations of the several fire companies of the Department.

B. Have full control of all fire personnel and fire apparatus; issue and enforce all such orders as, in his judgment, may be best calculated for the protection of life and property, the extinguishment of fires and the welfare of the public and the Department.

C. Enforce all rules and regulations of the Department and all laws and ordinances pertaining thereto.

D. Make monthly reports and recommendations for the preceding month to the Mayor, giving a full statement of the conditions of the Department, together with a statement of all fires and the origin of the same and the money expended by the Departments.

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

E. Report promptly to the Mayor any appointee or member of the Department whom the Fire Chief has suspended for disobeying orders or for violating any of the laws, ordinances, rules or regulations governing the Department, and any person so suspended shall not be permitted to act or to help at any fire or to operate or handle any fire apparatus until such suspension shall have been removed by the Mayor or by the Fire Chief.

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

F. As Fire Marshal and the BOCA Fire Prevention Code Enforcement Officer:

(1) Perform inspections and code compliance reviews on behalf of the Township.

(2) Supervise the inspection of buildings and other properties for fire hazards and enforce fire prevention ordinances.

G. Establish policies and procedures for the Department in order to implement directives from the Mayor.

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

H. Supervise the personnel directly and other volunteer Department staff and officers through subordinate officers, if any; address grievances and maintain the departmental morale.

I. Plan and implement programs for the Township in order to better carry out the Township's policies and goals relating to fire prevention, review Departmental performance and effectiveness and formulate programs or policies to alleviate deficiencies.

J. Supervise and coordinate the preparation and presentation of an annual budget for the Fire Department, direct the implementation of the several fire companies' budgets, plan for and review specifications for new or replaced equipment.

K. Provide public education in fire prevention, including giving presentations and demonstrations before community groups, schools and other organizations or institutions.

L. Direct the operation of departmental in-service training activities.

M. Control the expenditure of departmental appropriations.

§ 7-6 Duties of Assistant Fire Chiefs.

The Assistant Fire Chiefs, if any, shall act and perform in their several districts in the absence of the Fire Chief such duties as are required of the Fire Chief, but only in their several districts and only in the absence of the Fire Chief.

§ 7-7 Appointment of driver-operators.

The Fire Chief is hereby authorized, empowered and directed to appoint for each fire company having fire apparatus, persons who shall be members of the said company, as driver-operators of such apparatus, all of whom shall be sober and competent and able to operate the apparatus when appointed and during the term of their appointment.

§ 7-8 Supervision over drivers.

Drivers shall be under the direction and control of the Fire Chief, and in his absence they shall be under the direction and control of an Assistant Fire Chief or Deputy Chief/Fire Marshall in the district in which they are located or are operating.

§ 7-9 Tenure of drivers.

The driver-operators shall each serve until the first Monday of January of the first even-numbered year succeeding their appointment, at which time the Fire Chief shall appoint their successors from a list of names approved by the Board of Directors of the individual fire companies.

§ 7-10 Taking fire apparatus outside of fire house.

Except in case of fire or other emergency, or for approved fund-raising or public relations, the fire apparatus shall not be taken out of the fire house without permission of the Fire Chief or the Assistant Chief in charge of a particular company. Any driver violating this provision is subject to immediate dismissal.

§ 7-11 Removal and replacement of drivers.

Any chief driver or assistant driver may be removed from that position at any time by the Fire Chief for incompetence or misconduct and a successor to take his place shall be appointed as provided in this Part 1.

§ 7-12 Posting of copy of part.

A copy of this Part 1 be posted in each fire house.

Article II Fire Police

§ 7-13 Appointment, tenure and duties.

The Whitehall Township fire companies are hereby authorized and empowered to nominate members to serve as fire police within the Township on the first regular meeting in February of each even numbered year. After so nominating, the companies shall submit these names to the Board of Commissioners for confirmation. When so confirmed and sworn, the fire police shall be authorized to enter upon their duties as outlined herein, and when displaying a badge of authority, shall have full power to regulate traffic and keep crowds under control at or in the vicinity of any authorized fire activity and to exercise such other police powers as are necessary in order to facilitate and prevent interference with the work of firemen extinguishing fires. In addition, the confirmed fire police shall have all police powers necessary to perform their duties when functioning as special fire police at parades, accidents, floods or other emergencies or at any public function conducted by or under the auspices of any volunteer fire company, at the request of the Chief of Police or Fire Chief of said municipality, and when so functioning as special fire police, shall be deemed to be performing the duties of their employment.

§ 7-14 Officers.

A. Officers of Fire Police Association. The Captain of the Fire Police shall be nominated by the fire police membership and approved by the Board of Commissioners at the first regular meeting in February of each even-numbered year. The Captain of the Fire Police shall serve for a period of two years, with approval of the Board of Commissioners.

B. Qualifications of Captain of Fire Police. The Captain of the Fire Police must have the ability to effectively give orders, direct personnel, evaluate information and allocate resources to respond to a variety of emergency situations encountered by the fire department. Applicants for the position of the Captain of the Fire Police shall possess the following qualifications:

(1) Be an adult, over the age of 21 years.

(2) Have a current and valid Pennsylvania drivers license.

(3) Have no felony convictions or disqualifying criminal histories within the past seven years.

(4) Have five years experience in fire police work.

(5) Be able to read, write and communicate effectively in the English language.

(6) Have satisfactorily completed training in the following areas:

(a) Basic fire police.

(b) Officer's training.

(c) Legal concepts.

(7) Shall not be a member of the Whitehall Township Board of Commissioners.

(8) All documents supporting an applicant's satisfaction of the above requirements (including written certifications provided by the issuing authority with respect to satisfactory completion of training) must be provided to the Township, shall be authenticated by the Township and shall be maintained in the applicant's personnel file.

C. Staff officers of Fire Police. On the first regular meeting in February of each even-numbered year, after being appointed by the Board of Commissioners, the Captain of the Fire Police shall appoint his or her staff of officers from the fire police membership for a period of two years as follows: one deputy captain, two lieutenants, three sergeants.

§ 7-15 Authority outside district of appointment.

Fire police so appointed when in attendance at a fire, or when such special fire police are on special duty as hereinbefore provided, shall have the same power and authority in the whole of the township, town or municipality as they would have in Whitehall Township.

§ 7-16 Limited powers and authority.

The fire police herein provided for shall have only those powers and authority as spelled out in this Part 1 or as may be specially conferred upon them by the Board of Commissioners.

§ 7-17 Biennial organization.

The fire police herein provided for shall meet at the first regular meeting in February of each even-numbered year for organizing and at such other times as the Captain of the Fire Police may determine.

§ 7-18 Removal of Captain of Fire Police or a member of Fire Police.

A. The members of the fire police and the Captain of the Fire Police shall serve during good behavior and satisfactory service and shall not be removed from office during his or her term except for cause.

B. For the purposes of this section, the term "cause" shall be deemed to mean misfeasance or malfeasance related to office, conviction of a crime of the third degree or above, a crime involving moral turpitude or continual neglect of duty or failure to satisfy the qualifications in § 7-14B.

C. Any charges against an individual member of the fire police shall be reviewed by the Captain of the Fire Police with recommendations of such charges being referred to the Fire Chief and/or Mayor for such disciplinary actions as may be necessary, which could lead to a suspension or dismissal from the fire police. The individual member of the fire police shall have an opportunity to respond to such disciplinary action at a hearing before the full Board of Commissioners conducted pursuant to the provisions of the Local Agency Law (2 Pa.C.S.A. § 511 et seq.).

[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]

D. In the event that cause for removal is alleged against the Captain of the Fire Police, the Captain shall have an opportunity to respond to such written charges at a hearing before the full Board of Commissioners conducted pursuant to the provisions of Local Agency Law (2 Pa.C.S.A. § 551 et seq.).

E. Removal of an individual member of the fire police or the Captain of the Fire Police shall occur only upon the affirmative vote by a majority of the total number of the Board of Commissioners following the hearing referenced in Subsections C and D above.