Township of Plumstead, PA FIRE COMPANIES AND AMBULANCE COMPANY WORKERS' COMPENSATION INSURANCE

All volunteer members of the Point Pleasant Fire Company and the Plumsteadville Volunteer Fire Company (hereafter the "Fire Companies"), each of which fire companies serves the inhabitants of the Plumstead Township, shall be considered "employees" of the Township for purposes of receiving compensation pursuant to the Pennsylvania Workers' Compensation Act (Act of June 2, 1915, P.L. 736, as amended), 77 P.S. § 1031(a)(1), for injuries sustained while actively engaged in performing the following duties:

Responding to alarms, including all emergency and firefighting activities related thereto; auto rescue; water rescue; hazardous materials alarms; and assistance to other municipalities (whether on an emergency scene in another municipality or on standby at the fire company when requested by another municipality); assistance to the fire police; and all special alarms as authorized by the Fire Chief or the Officer in Charge. For purposes of this subsection, "responding to alarms" shall include the volunteer firefighter's travel from and the direct return to a firefighter's home, place of business or other place where he or she shall have been when he or she received the call or alarm.

Answering any emergency calls for any purpose or while riding upon the fire apparatus which is owned or used by the Fire Companies.

Performing repair, maintenance of or other work on Fire Company equipment, buildings and property at the direction of the Fire Chief or Officer in Charge.

Participating in instruction fire drills and other training exercises pertaining to the operation and certification of the Fire Company, including training exercises in conjunction with fire companies in other municipalities, as authorized by the Fire Chief or Officer in Charge.

Participating in Fire Prevention Week activities in the Township and with fire companies in other municipalities, when authorized by the Fire Chief or the Officer in Charge.

Participating in fund-raising events sponsored by the Fire Companies at their firehouses or on Township property. Participation in fund-raising activities of any kind at all other locations shall not be allowed without the prior written authorization of the Board of Supervisors or Manager acting on behalf of the Board of Supervisors.

Participating in parades, equipment housings and funerals for fire personnel within Plumstead Township and in other municipalities only with prior written authorization by the Board of Supervisors or the Manager acting for the Board of Supervisors

Participating in any and all additional events or activities for which such participation is expressly preauthorized in writing by the Board of Supervisors or the Manager acting for the Board of Supervisors.

All volunteer members of the Point Pleasant Plumsteadville EMS (hereafter the "Ambulance Company"), which serves the inhabitants of Plumstead Township, shall be considered "employees" of the Township for purposes of receiving compensation pursuant to the Pennsylvania Workers' Compensation Act (Act of June 2, 1915, P.L. 736, as amended), 77 P.S. § 1031(a)(2), for injuries sustained while actively engaged as ambulance corpsmen, including the following duties:

Responding to emergencies, including fire, accident or other emergencies; and all special alarms as authorized by the Ambulance Company Chief or other person in charge. For purposes of this subsection, "responding to emergencies" shall include the ambulance corpsman's travel from and the direct return to a corpsman's home, place of business or other place where he or she shall have been when he or she received the call or alarm.

Answering any emergency calls for any purpose or riding in or upon the ambulance apparatus which is owned by the Ambulance Company.

Performing maintenance of ambulance apparatus, buildings and property, when such activity is authorized by the Ambulance Company Chief or other person in charge.

Participating in training exercises pertaining to the operation and certification of the Ambulance Company, including training exercises in conjunction with ambulance companies in other municipalities, as authorized by the Chief or other person in charge.

Participating in fund-raising events sponsored by the Ambulance Company on Township property. Participation in fund-raising activities of any kind at all other locations shall not be allowed without the prior written authorization of the Board of Supervisors or the Manager acting for the Board of Supervisors.

Participating in parades and other events within Plumstead Township, and in other municipalities only when expressly preauthorized in writing by the Board of Supervisors or Manager acting for the Board of Supervisors.

Participating in any and all additional events or activities for which such participation is expressly preauthorized in writing by the Board of Supervisors or Manager acting for the Board of Supervisors.

Except where otherwise stated herein, nothing contained in this section shall be considered to limit in any way the activities for which compensation is available to volunteer fire personnel or volunteer ambulance corpsmen pursuant to the Pennsylvania Workers' Compensation Act (Act of June 2, 1915, P.L. 736, as amended), as set forth in 77 P.S. § 1031(a)(1) and/or (2).

§ 1-1103 Interpretation.

[Ord. 2012-02, 3/20/2012]

The words, phrases and provisions of this Part are not to be interpreted in a way that results in an absurd construction of the meaning, or in a way that cause one provision to contradict another.

§ 1-1104 Purpose.

[Ord. 2012-02, 3/20/2012]

The provisions of this Part shall be construed to effectively carry out the purposes that are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.

§ 1-1105 Repealer.

[Ord. 2012-02, 3/20/2012]

All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed, except that this Part shall be construed as an amendment to the existing Plumstead Township Code.

§ 1-1106 Severability.

[Ord. 2012-02, 3/20/2012]

The provisions of this Part are severable, and if any portion thereof is held to be invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining portions of this Part. It is hereby declared to be the intent of the Board of Supervisors of the Plumstead Township that this Part would have been adopted if the invalid portion had not been included herein.

§ 1-1107 When effective.

[Ord. 2012-02, 3/20/2012]

This Part shall become effective five days after enactment.