[Adopted 4-6-2009 by Res. No. 555]
The purpose and objective of this article is to reconfirm Upper
Pottsgrove Township Fire Company No. 1 as the duly reconfirmed volunteer
fire company for Upper Pottsgrove Township and to designate those
duties and activities which the Township shall authorize either by
approval under formal governing procedures or by approval following
application by the fire company to the municipality for written approval,
in accordance with the terms hereof. These duties and activities are
as follows:
A. The volunteer fire company reconfirmed by Upper Pottsgrove Township
is authorized to actively engage in firefighting within the boundaries
of the Township.
B. A volunteer firefighter may engage only in those acts which are reconfirmed
as fire-fighting activities. Such acts are limited to the following
activities of a firefighter while actually engaged as a firefighter:
(1) The firefighter's act of going to or returning from any fire
which the fire company of which he/she is a member shall have attended;
(2) The firefighter's participation in fire-fighting instruction
and fire drills which the fire company of which he/she is a member
shall have attended;
(3) The firefighter's participation in repair and/or other work
on fire apparatus, buildings and grounds of the fire company or fire
department, which work is specifically authorized by the Chief of
the fire company or fire department; and
(4) The firefighter's performance in responding to any emergency
call for any purpose or while riding upon the fire apparatus owned
or used by the fire company of which he/she is a member.
This designation may be modified from time to time by future
resolution of Upper Pottsgrove Township.
[Adopted 12-17-2018 by Ord. No. 502]
The purpose and intent of the Board of Commissioners of Upper
Pottsgrove Township by enactment of this article, pursuant to the
authority granted in Section 66553 of the First Class Township Code,
as amended, is to permit the Township to designate, by resolution,
the primary fire service provider within Upper Pottsgrove Township
(hereinafter referred to as "Fire Company") and to authorize the official
dues-paying members of the Fire Company to perform certain extended
duties and to clarify that such duties are intended for workers'
compensation coverage.
The Board of Commissioners hereby reserves the right and entitlement
to revise, modify or adjust any designation or authorization by future
action of Upper Pottsgrove Township.
If any sentence, clause, section or other part of this article
is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any remaining provisions, sentences, clauses, sections or
other parts of this article. It is hereby declared as the intent of
the Board of Commissioners of Upper Pottsgrove Township that this
article would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herein.
All resolutions and ordinances inconsistent with this article
are hereby repealed.
This article shall become effective immediately upon enactment.