The following words, terms and phrases shall have ascribed to
them the meanings herein set forth, unless the use of such word or
phrase in context clearly indicates a different meaning:
DEPARTMENT
The West Manchester Township Fire Department.
EMERGENCY RESPONSE SERVICES
Include, but are not limited to, the control, suppression
and extinguishment of fires; search and rescue for persons necessitated
by man-made or natural disasters or accidents; the isolation and containment
of hazardous materials and substances; rendering assistance to other
emergency service providers; and generally, to provide for the protection
and safety of persons and property within the Township.
OPERATIONAL CONTROL
The supervision, administration and control of all Emergency
response services, training exercises, and public education events,
and the discipline of emergency response members. Operational control
shall also include the organization of fire companies in relation
to emergency response services.
TOWNSHIP
The Township of West Manchester, York County, Pennsylvania.
The Township of West Manchester hereby recognizes Lincolnway
Fire Company No. 1 and Shiloh Fire Company as the volunteer fire companies
of West Manchester Township constituting the West Manchester Township
Fire Department. The fire companies shall at all times be under the
operational control of the Township Fire Chief. The governance of
the individual fire companies by the Township Fire Chief will not
usurp or otherwise affect the conduct of the volunteer fire companies
as presently exercised by their duly elected officers, except as herein
otherwise provided.
The Board of Supervisors of West Manchester Township shall have
full power and authority to adopt all rules and regulations necessary
for the management, control and operation of the West Manchester Township
Fire Department. The authority of the Township Fire Chief will be
exercised administratively and operationally as prescribed in the
rules and regulations for the management, control and operation of
the West Manchester Township Fire Department as adopted pursuant to
the provisions of this chapter.
Lincolnway Fire Company No. 1 and Shiloh Fire Company, hereafter
referred to jointly as the "West Manchester Township Fire Department,"
are hereby given all power, so far as West Manchester Township has
power to grant the same, to enact such rules and regulations for the
management and government of individual members thereof as shall be
necessary for the proper maintenance and control of volunteer fire
companies. Neither the grant of the aforesaid power nor the recognition
set forth in this chapter shall be construed as constituting Lincolnway
Fire Company No. 1 or Shiloh Fire Company or any member thereof as
an agent, department or employee of the Township except insofar as
such effect is provided under the provisions of the Act of June 2,
1915, P.L. 736, No. 338, known as "The Pennsylvania Workers'
Compensation Act," or the Act of November 26, 1978, P.L. 1399, No. 330, known
as the "Political Subdivision Tort Claims Act."
The Township Fire Chief shall appoint officers from the emergency
response personnel to those positions deemed necessary, from time
to time, providing they meet the minimum qualifications as set forth
in the operational guidelines of the Department. Those positions and
terms to which emergency response personnel may be appointed are:
A. Deputy Township Fire Chief: four-year term.
B. District Fire Chief: four-year term.
D. Lieutenant: two-year term.
G. Fire Police Captain: four-year term.
H. Fire Police Lieutenant: two-year term.
All members of the respective fire companies may elect from
their numbers (both ERP and nonemergency response members) such executive
officers as may be provided by the bylaws of the respective fire companies.
The executive officers so elected shall have no power to adopt any
policy or to take any action that conflicts with the powers, duties
and responsibilities of the Department or the Fire Chief as established
by this chapter.
The Fire Chief shall prepare a plan addressing the existing
and future fire service needs of the Township. Such plan shall include
projected needs for a period of not less than five years and shall
propose an implementation schedule. The plan shall be updated at intervals
not exceeding 10 years.
All equipment purchased by the Township for either fire company
shall remain the property of West Manchester Township. None of the
fire apparatus or equipment constituting real or personal property
of the Township shall be permanently removed from the Township without
prior written consent of the Board of Supervisors.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of West Manchester Township that this chapter
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.