[Adopted 12-11-2007 by Ord. No. 2007-07]
The purpose of this article is to establish fire protection
in West Bradford Township; ensure basic oversight, control measures,
procedures and regulations governing conditions which could impede
or interfere with effective fire services in the Township; and to
authorize and permit activities for volunteer firefighter personnel
for workers' compensation purposes. Notwithstanding anything
contained in this article to the contrary, neither the recognition
of the Fire Company nor the authorization or permission herein granted
to the Fire Company shall be construed as constituting the Fire Company
as an agent, agency, department or employee of West Bradford Township,
except insofar as such effect is provided under the provisions of
the Pennsylvania Workers' Compensation Act.
As used in this article, the following terms shall have the
meanings indicated below:
CAPITAL EXPENDITURE
An outlay of funds to acquire fixed assets or additions to
them; construction of buildings and similar permanent structures;
major building improvements and infrastructure improvements in existing
buildings; the purchase of land; the purchase of major equipment or
components of that equipment; engineering or architectural studies
and services related to improvements of buildings and all outlays
financed by long- or short-term debt. For purpose of this article,
a capital expenditure is an item that costs in excess of $4,000 and
has a useful life of multiple years.
EMERGENCY SERVICES BOARD
A group of appointed officials organized by the Board of
Supervisors for the general purposes of appropriately overseeing and
coordinating the management of any fire company within West Bradford
Township recognized in this article. Specific tasks and duties of
the Emergency Services Board are established by resolution of the
Board of Supervisors, which may include but may not be limited to
providing for the improvement, advancement and development of the
fire services within fire company(ies) and/or establish funding priorities
and mechanisms and to do any and all necessary business for the fire
company(ies) to provide adequate fire service in the Township.
FIRE COMPANY
Any organized fire company which responds in West Bradford
Township for the purpose of extinguishment of a fire or other emergency
involving protection of life and/or property or when its assistance
has been requested by the officer in charge of the incident.
FIRE COMPANY VEHICLES
Any motor vehicle 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. Essential
fire company vehicles include those such as a Class A pumper, tanker/pumper
or rescue vehicle. All other vehicles are nonessential in nature.
MUTUAL AID
A formal or informal agreement by two or more fire companies
to agree to cooperatively provide upon request such aid, fire protection
and suppression personnel and to make available such equipment or
facilities as may be needed for the suppression of fires or the duties
and responsibilities associated with saving lives and property within
the jurisdictional areas of the requesting department, provided that
the personnel, equipment or facilities requested are not otherwise
required within a fire company's jurisdiction.
NFPA
National Fire Protection Association.
OFFICER IN CHARGE
The fire chief of the fire company or designee in whose district
the emergency occurs or, in his absence, the next ranking officer
following the chain of command established by the rules of the fire
company in whose district the emergency occurs.
VOLUNTEER FIRE COMPANIES
A fire company organized, recognized and existing under the
laws of the Commonwealth of Pennsylvania, located within West Bradford
Township and authorized to act within West Bradford Township.
VOLUNTEER FIREFIGHTER
An active member of a volunteer fire company who is a member
in good standing of said volunteer company.
The West Bradford Fire Company (hereafter "Fire Company"), organized
and existing in the Township of West Bradford, Chester County, Pennsylvania,
is hereby designated as the officially recognized fire company for
the Township, unless by resolution of the Board of Supervisors it
is determined to no longer be officially recognized.
Volunteer firefighters in West Bradford Township, including
any paid firefighter who performs the services of a volunteer firefighter
during off-duty hours, are deemed to be West Bradford Township employees
only when actively engaged in authorized duties as firefighters or
while going to or returning from a fire emergency call which his/her
fire company attended, including travel from and the direct return
to a firefighter's home, place of business or other place where
he/she shall have been when call or alarm was received. The authorized
duties and activities listed in this section are the sole duties and
activities authorized by the Board of Supervisors of West Bradford
Township to be performed by volunteer fire companies or their members.
Any other activities performed by volunteer fire companies or their
members shall be deemed as 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, unless authorized in writing by the
Board of Supervisors. Authorized duties and activities are as follows:
A. The Fire Company is hereby authorized to provide such services to
the Township as may be necessary for the protection of property and
persons situated therein, which include, by way of example and not
of limitation, the extinguishment and prevention of loss of life and
property from fire, motor vehicle accident, medical emergencies, hazardous
materials incidents and other dangerous situations.
B. The Fire Company is permitted to provide nonemergency and public
service functions, either within or outside the Township, such as,
by way of example and not of limitation, removing water from property
after storms and assisting in the removal, abatement and prevention
of damage or injury to persons or property, whether through natural
causes or man-made situations.
C. The Fire Company is permitted to conduct and participate in such
training activities and drills, either within or outside of the Township,
as may be deemed necessary by the officer of the Fire Company to maintain
proficiency in providing services.
D. The Fire Company is permitted to respond to calls and provide services
to municipalities outside of the Township with which it maintains
mutual response agreements or when called by officials who deem the
Fire Company services necessary in a given situation.
E. The Fire Company is permitted to engage in inspections and tours
of private property in the Township, when invited, for fire prevention,
planning and training purposes, preplanning, public education programs,
testing of fire protection equipment or systems, open houses, and
other fire prevention activities, when authorized by the Fire Chief
or his/her designee.
F. The Fire Company may conduct scheduled special work details at fire
stations related to maintenance activities and recruitment programs.
G. Fire Company members may engage in fund-raising activities for the
Fire Company when authorized by an officer or officers of the Fire
Company and attend parades and similar civic activities when authorized
by the Board of Supervisors.
In addition to actually participating in the activities of the Fire Company as authorized in §
29-4 above, the members of the Fire Company are also authorized by the Township to do the following:
The members of the fire company are further authorized to elect
from their membership such officers as may be provided in the bylaws
of the fire company.
Any person who violates or permits a violation of §
29-6 of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Adopted 7-10-2012 by Ord. No. 2012-05]
The West Bradford Fire Company is authorized and shall establish
user fees commensurate to its cost to provide public safety services,
which shall include, but not be limited to, user fees for the provision
of personnel, equipment, supplies and other expenses incurred in the
delivery of said services. User fee rates shall be based on that which
is usual, customary and reasonable, and user fees may be indexed so
to fluctuate in proportion to the level of service provided at a specific
incident.
User fees shall be filed to the motor vehicle, commercial, homeowners'
or other insurance policy, representing an add-on cost of claims for
damages of the vehicles, property and/or injuries. The claim(s) shall
be filed with the insurance company of the owner of a vehicle, owner
of property, lessee or responsible party for the incident(s).
The West Bradford Fire Company is authorized and shall make
all reasonable rules, regulations and arrangements, including the
use of independent collection agencies, as required for the billing
and the collection of the user fees, in its sole discretion. Furthermore
the West Bradford Fire Company is authorized and may amend said rules,
regulations and arrangements as may be needed from time to time and
in its sole discretion.
All user fee funds collected shall be deposited into an account
established and controlled by the West Bradford Fire Company only.
All user fee funds shall be expended for any authorized expenditure
for and by the West Bradford Fire Company in its sole discretion and
pursuant to all applicable laws.
On or before January 31 of each year, the West Bradford Fire
Company shall provide an annual report to the Board of Supervisors
that details all user fee funds received for the prior calendar year.
The report shall be subject to audit at the discretion of the Board
of Supervisors.