[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 10-14-2013 by Ord. No. 2013-5. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
Fire Department Ordinance of 2013."
The three volunteer fire companies now in service in the Borough
of Lewistown (Brooklyn Hose Company, City Hook and Ladder Company,
and United Fire and Rescue Service Company), together with such additional
fire companies as may be hereafter be located within the Borough and
recognized by ordinance of the Borough, shall together form the Fire
Department of the Borough of Lewistown.
The Fire Department shall be under the control, supervision
and direction of the Chief of the Fire Department.
A.
There is hereby created a Fire Department Committee, which shall
consist of nine member: two representatives from each of the three
fire companies to be elected or appointed by the fire companies in
such manner as they may determine and three members of Council to
be appointed by the President of Council. Neither the Chief of the
Fire Department nor the Deputy Chief of the Fire Department nor any
Assistant Chief of the Fire Department shall be eligible to serve
as a member of the Fire Department Committee. Each member of the Committee
shall serve for a period of two years or until his successor is appointed
or elected.
B.
Council shall assign the Borough Secretary (or Assistant Borough
Secretary), or the Borough Manager shall assign some other employee
of the Borough, or the Fire Department Committee may appoint (with
the advice and consent of Council) some third person to serve as Administrative
Secretary to the Fire Department Committee. The Administrative Secretary
to the Fire Department Committee shall not be deemed to be a member
of the Fire Department Committee, shall not count toward the presence
of a quorum, and shall not have voting power. The duties of the Administrative
Secretary shall be to provide the Fire Department Committee with such
administrative services as scheduling meetings, giving notice of meetings,
preparing agendas for meetings, preparing minutes of meetings, and
other like services.
C.
The Fire Department Committee shall act as the liaison between Council
and the Fire Department and make recommendations to Council (or the
Chief of the Fire Department) for the improvement of the services,
operations and administration of the Fire Department.
D.
The Fire Department Committee shall hold a regular meeting not less
often than once each calendar quarter and may hold such special meetings
as it or the Chairman of the Committee may determine are necessary
or appropriate. The date, time and place for a regular or special
meeting shall be determined by the Chairman of the Committee or by
the Administrative Secretary.
E.
Written notice of a meeting (containing the date, time and place
for the meeting and, in the case of a special meeting, a general statement
of the purpose of the special meeting) shall be given by the Administrative
Secretary and shall be mailed by ordinary mail, or delivered by hand
or by e-mail, to each member of the Committee at least five days before
the date of the meeting.
Five members of the Fire Department Committee shall constitute
a quorum for convening and conducting a meeting of the Committee.
It shall be necessary that each of the fire companies be represented
at a meeting of the Committee in order to transact any business, and
the Committee shall have full authority to act in any matter which
shall properly be before it if a quorum is present.
A.
Council shall appoint a qualified individual to be Chief of the Fire
Department. (NOTE: In referring to the Chief of the Fire Department
in this and other Borough ordinances, words of masculine gender are
occasionally used. However, the masculine gender is used for grammatical
convenience and editorial brevity, and the masculine gender is intended
to include the feminine gender.)
B.
No elected official of the Borough, no appointed officer or appointed official of the Borough, no employee of the Borough, and no member of any board, commission, bureau or agency of the Borough shall be appointed as Chief of the Fire Department, and the Chief of the Fire Department shall not serve in any of those offices or positions or on any of those boards, commissions, bureaus or agencies unless he first resigns from the position of Chief. Exception: The Fire Prevention Bureau and the County Emergency Management Agency shall not be deemed to be a bureau or agency within the scope of the disqualifying provisions of this Subsection B.
C.
Employment classification.
(1)
Once appointed, the Chief of the Fire Department shall be deemed
an employee of the Borough. The Chief shall serve for an indefinite
term at the pleasure of Council, and the Chief may be removed by Council
at any time, either for cause or no cause. The civil service provisions
of the Borough Code[1] shall not apply to the Chief of the Fire Department.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
(2)
For the purpose of ranking the Chief's position classification
as a Borough employee and equating that position classification with
other Borough employee positions of comparable responsibility and
authority, the Chief shall be deemed to be a department head.
D.
During his employment as Chief of the Fire Department, the Chief
shall not hold any active firefighting position or active rescue unit
service position; shall not hold any elective or appointive position
in any fire company, ambulance unit, or rescue unit; and shall not
serve as a member of the Fire Department Committee. During his employment
as Chief, the Chief shall reside within a radius of six air-miles
from Monument Square and any lay or outside employment or occupation
which the Chief might have or engage in shall be such as does not
require that he be regularly or consistently absent from the area
for long or extended periods of time.
E.
Probation period.
(1)
During the first 18 months of the Chief's employment, the Chief
shall be on probation. Promptly after the expiration of this eighteen-month
period, the performance of the Chief shall be evaluated by a review
panel consisting of seven members:
(a)
One member from each of the three fire companies who shall be
appointed to the review panel by the Fire Department Committee;
(b)
One member of the Fire Department Committee who shall be a member
of Council and who shall be appointed to the review panel by the Fire
Department Committee;
(c)
One member of Council who shall be a member of the Personnel
Committee but not a member of the Fire Department Committee and who
shall be appointed to the review panel by the President of Council;
(d)
The Borough Manager or the Assistant to the Borough Manager;
and
(e)
The Mayor of the Borough of Lewistown.
(2)
If the review panel determines that the performance of the Chief
has been satisfactory, the panel shall recommend to Council that the
Chief be deemed hired in his position classification. If the review
panel determines that the performance of the Chief has not been satisfactory,
the panel shall recommend to Council that the original appointment
of the Chief be rescinded and his employment be terminated.
F.
Salary and other benefits of the Chief of the Fire Department. The
salary, salary pay periods, holidays, vacation days, sick leave, and
employee benefits of the Chief of the Fire Department shall be those
fixed by Council in its Position Classifications, Salaries, Wages
and Benefits Resolution or a similar resolution or policy.
A.
The individual appointed as Chief of the Fire Department:
(1)
Shall be a citizen of the United States;
(2)
Shall have at least 10 years of active firefighting service with
a military, municipal, private or volunteer firefighting unit, company,
department, or the like;
(3)
Shall be currently certified no less than as a Firefighter II (under
a nationally accredited certification system which is based on NFPA
Standard No. 1001, Firefighter Professional Qualifications); and
(4)
In light of the duties and powers of the Chief of the Fire Department set forth in § 24-16, shall possess such training or education, technical knowledge, technical skills, professional competency, administrative skills, managerial ability, leadership ability, learning ability, and like qualifications as are suggested by the position qualification guidelines recommended by the Screening Committee to Borough Council and as confirmed by Borough Council on appointment of the Chief of the Fire Department, together with such other qualification guidelines as determined by Borough Council by resolution in adopting a job description, from time to time, for the position of Chief of the Fire Department.
A.
When there is (or will be) a vacancy in the position classification
of the Chief of the Fire Department, a Screening Committee shall be
promptly appointed and convened. The Screening Committees shall be
an ad hoc committee of the Borough and shall consist of six members:
(1)
One member from each of the three fire companies, but which member
shall be a member of the Fire Department Committee and shall be appointed
to the Screening Committee by the Fire Department Committee;
(2)
One member of Council, but which member shall be a member of the
Fire Department Committee and shall be appointed to the Screening
Committee by the Fire Department Committee; and
(3)
Two members of Council who shall not be members of the Fire Department
Committee and who shall be appointed to the Screening Committee by
the President of Council.
C.
The duties and functions of the Screening Committee shall be to:
(1)
(3)
Administer a uniform oral examination to be given to all applicants
who pass the written examination, and prescribe the grade required
to pass the oral examination.
(4)
Provide for a training, education, practical experience, performance
record, and job reference profile to be completed by all applicants
who pass the oral examination; prescribe the scoring system to grade
the profile; and review and grade all profiles.
(5)
Prescribe the weight to be respectively assigned to the written examination,
the oral examination, and the profile.
(6)
Review the combined weighted grades of each applicant and recommend
to Council the names of the two persons who have received the highest
weighted grade, from which names Council shall appoint one of the
two persons so recommended as Chief of the Fire Department, at all
times subject to compliance by that person with the requirements of
this chapter and the appointment resolution adopted by Council.
If a vacancy occurs in the position classification of Chief
of the Fire Department, the Deputy Chief shall serve as Acting Chief
of the Fire Department until a Chief of the Fire Department is appointed
by Council.
Before entering upon the duties of their respective positions,
the Chief, the Deputy Chief and each Assistant Chief shall take an
oath (administered by the Mayor) to faithfully perform the duties
of his respective position with fidelity and to the best of his ability.
The Chief of the Fire Department, the Deputy Chief and Assistant
Chiefs and all response members of the Fire Department, as well as
all special fire police, shall be required as a condition precedent
to assuming their duties to consent to the obtaining of a criminal
background check by or on behalf of the Borough. So as to facilitate
the obtaining of the same by the Borough, said persons shall execute
all necessary consent or permission forms in relation thereto as determined
by Borough Council and by the reporting agencies, including the Pennsylvania
State Police, from time to time. The costs or fees related to the
criminal background check, if any, shall be payable by the person
who is required to undergo the criminal background check or by that
person's recognized volunteer fire company. No person convicted
of a felony shall hold any such positions. Furthermore, Borough Council
reserves the right in the exercise of its discretion in the confirmation
or appointment of the person so nominated for Chief of the Fire Department
or other position to deny appointment or terminate appointment based
on the reports received.
In that the Borough is responsible to assure that allocations
or appropriations from the Borough to the volunteer fire companies
comprising the Fire Department of the Borough of Lewistown are being
utilized for the intended purposes, as a condition to the receipt
of allocations or appropriations from the Borough, the recognized
volunteer fire companies must:
A.
At all times comply with the laws and regulations of the Commonwealth
of Pennsylvania and the United States of America.
B.
Comply with all deadlines of the Internal Revenue Service and, on
or before June 1 of each year, provide a copy of the respective entity's
last filed IRS Form 990, Return of Organization Exempt from Income
Tax, for the immediately preceding tax year to Borough Council.
C.
On or before January 15 of each year, provide a list of the names,
ages, addresses, occupations and telephone numbers of all response
members of the respective recognized volunteer fire company to the
Chief of the Fire Department and to Borough Council.
D.
Provide a list of any additions or deletions to the list of response
members within 30 days of the respective addition or deletion of a
response member.
E.
Provide to Lewistown Borough Council an annual itemized listing of
all expenditures of such allocations or appropriations for the immediately
preceding year by February 15 of each following year.
F.
Have at least one representative present at each quarterly Fire Committee
Meeting during the calendar year.
A.
The Chief of the Fire Department shall promptly appoint a qualified
individual to the position of Deputy Chief upon the expiration of
the term of the then Deputy Chief. The term of the position of Deputy
Chief shall be four years — the first term to expire after the
adoption of this chapter shall be on March 1, 2014, and subsequent
terms shall expire on March 1 of every fourth year thereafter.
(1)
If a vacancy occurs in the position of Deputy Chief for any reason (other than by expiration of a four-year term under this Subsection A, the Chief of the Fire Department shall promptly fill the vacancy in the position by appointing a qualified individual to serve as Deputy Chief for the balance of the unexpired term of the position.
B.
The Chief of the Fire Department shall have the right (but shall not be required) to appoint the number of qualified individuals specified by this Subsection B to the class position of Assistant Chief. The term of the class position of Assistant Chief shall be four years — the first term to expire after the adoption of this chapter shall be on March 1, 2014, and subsequent terms shall expire on March 1 of every fourth year thereafter. However, nothing in this Subsection B shall be deemed to mean that the Chief must make appointments to the class position of Assistant Chiefs, and nothing in this subsection shall be deemed to mean that if the Chief chooses to exercise his discretionary right to make appointments to the class position of Assistant Chiefs the Chief must make the appointments to the class position at any particular time during the four-year term of the class position. However, once the Chief exercises his right to make appointments to the class position of Assistant Chiefs, the individuals appointed to the class position will serve in the class position until the expiration of that particular term applicable to the class.
(1)
If the Chief chooses to exercise his discretionary right to make
appointments to the class position of Assistant Chiefs, then:
(a)
The Chief shall fill the class by appointing to the class one qualified individual from each fire company in the Borough — the appointment of the individual to the class to become effective at the time set forth in § 24-14.
(b)
If after the appointment of a Assistant Chief under Subsection B(1)(a) above a vacancy occurs in that position for any reason (other than by expiration of the particular term applicable to the class of Assistant Chiefs), the Chief shall promptly fill the vacancy in the position by appointing a qualified individual to serve as the Assistant Chief until the expiration of the particular term applicable to the class of Assistant Chiefs. The individual appointed by the Chief to fill the vacancy in the position of Assistant Chief shall belong to the same fire company to which the individual (who had held the position of Assistant Chief before the vacancy) had belonged.
(c)
Promptly after the Chief has made the appointment to fill the vacancy, the Chief shall give written notice to the secretary of the fire company (to which the appointee belongs), stating that the Chief has made the appointment and giving the name of the appointee. The fire company shall have the right to reject the appointee in the manner and within the time set forth in § 24-14B. If the fire company does not exercise its right in the manner and within the time set forth in § 24-14B, the appointment made by the Chief shall become effective upon the expiration of the time period set forth in § 24-14B.
C.
Qualifications.
(1)
An individual appointed as the Deputy Chief or as an Assistant Chief:
(a)
Shall be a citizen of the United States;
(b)
Shall have at least 10 years of active firefighting service
with a military, municipal, private or volunteer firefighting unit,
company, department or the like;
(c)
Shall be a member of one of the fire companies in the Borough;
(d)
Shall reside within a radius of six air-miles from Monument
Square; and
(e)
Shall possess such technical knowledge, technical skills, professional
competency, leadership ability, and like qualifications as are deemed
by the Chief of the Fire Department to be essential in order for the
Deputy Chief or an Assistant Chief to carry out the duties of the
Chief of the Fire Department in the absence of the Chief of the Fire
Department.
(2)
During the term of the Deputy Chief or an Assistant Chief, the Deputy
Chief's or an Assistant Chief's lay employment or occupation
shall be such as does not require that he be regularly or consistently
absent from the area for long or extended periods of time.
D.
Compensation. The Deputy Chief and the Assistant Chiefs shall serve
without salary or compensation.
A.
If the Chief of the Fire Department chooses to exercise his discretionary right under § 24-13B to make appointment to the class position of Assistant Chiefs, then promptly after the Chief has appointed the Assistant Chiefs the Chief shall give written notice to the secretary of each fire company, stating that the Chief has appointed the Assistant Chiefs and giving the names of the Assistant Chiefs and the name of the fire company to which each Assistant Chief belongs [and thus, pursuant to § 24-13B(1), the fire company from which each Assistant Chief was appointed].
B.
Unless the Chief is notified in writing by a fire company within
15 days after the date of the Chief's notice that the appointment
of the Assistant Chief is rejected by the fire company to which the
Assistant Chief belongs, the appointment of the Assistant Chief shall
become effective upon the expiration of the fifteen-day period.
C.
If under Subsection B a fire company rejects the appointment of its Assistant Chief, the Chief shall appoint another Assistant Chief from that fire company and then give prompt written notice to the secretary of the fire company, stating that the Chief has made a new appointment from that fire company and giving the name of the new appointee. The fire company shall have the right to reject the new appointee in the manner and within the time set forth in § 24-14B. If the fire company does not exercise its right in the manner and within the time set forth in § 24-14B, the appointment made by the Chief shall become effective upon the expiration of the time period set forth in § 24-14B.
The Chief of the Fire Department shall have the right, at his
sole discretion, to remove the Deputy Chief and any Assistant Chief
for inefficiency, incompetency, neglect of duty, physical or mental
disability affecting his ability to serve in the position, conduct
unbecoming the position, or other just cause.
A.
In general, it shall be the duty of the Chief of the Fire Department
to work diligently to preserve and protect the public health and safety
and to preserve and protect the safety and security of property. To
this end, the Chief of the Fire Department shall have all the operational
and supervisory powers which by custom and by common experience are
inherent to the position of a chief of a fire department.
B.
Without intending to limit the generality of the scope of Subsection A, but rather by way of example of the duties and powers of the Chief of the Fire Department, the Chief shall have the following duties and powers:
(1)
The Chief shall have full supervision, direction, control and command
over the administration, services and operations of the Fire Department,
both within and outside the territorial limits of the Borough of Lewistown
— including all special fire police, all equipment of the Fire
Department, and all response members of the Fire Department in service
or on duty at a fire company firehouse, in service or in class during
training, or in service or on duty at a fire, flood, accident, rescue
operation, or other like emergency to which the Fire Department responds.
(2)
The Chief shall have the power to enforce the Fire Department's
rules of operation and standard operating procedures.
(3)
The Chief shall ensure that the Fire Department is ready and prepared
to respond to fires, floods, accidents, rescue operations, or other
like emergencies. To this end, the Chief shall:
(a)
Develop appropriate mock programs or model strategic plans to
address particular types of emergencies before they occur;
(b)
Develop and implement appropriate programs to safeguard the
health and safety of the response members of the Fire Department during
a response situation;
(c)
Ensure that each response member of the Fire Department has
received (and maintains) the level of training appropriate to his
response specialty, task or classification;
(d)
Based upon the Fire Department's rules of operation and
standard operating procedures and based upon the Chief's rules
for response engagement, determine whether a particular response member
of the Fire Department or a particular response team is to be posted
for, or called to, response service or duty;
(e)
Require proper maintenance of equipment and, subject to the
availability of funds, require the replacement of equipment; and
(f)
Establish procedures or rules for cooperation, coordination
and communication among the fire companies in the Fire Department.
(4)
The Chief shall have the power to suspend or remove a response member
of the Fire Department or a special fire policeman for insubordination,
incompetency, or neglect of duty while in service or on duty, or other
just cause.
(5)
The Chief shall keep, or cause to be kept, appropriate records of: a) all fires, floods, accidents, rescue operations, hazardous materials response incidents, or other emergencies to which the Fire Department responds; b) the level or degree of compliance with the health and safety programs referred to in Subsection B(3)(b) above; c) the training completed by response members of the Fire Department; d) the maintenance and serviceability or usefulness of all equipment of the Fire Department; and e) all disciplinary actions taken under Subsection B(4) above.
(7)
Where appropriate because of the circumstances, the Chief shall represent
the Borough at hazardous materials incidents in the Borough, and when
responses by the Fire Department to such incidents are required, the
Chief shall direct or supervise the responses.
(8)
The Chief shall serve as the technical advisor to Council, the Borough
staff, the Fire Department Committee, the Police Department, and the
Building Codes, Property Codes and Zoning Code Department on matters
of fire prevention, fire suppression, fire investigation, flood response,
emergency management, hazardous materials response, and like subjects
as to which the Chief has special knowledge or information.
(9)
The Chief shall work with the fire companies in developing and submitting
budget requests or funding requests and shall work with the Borough
staff, the Finance and Budget Committee, and Council in developing
the annual budget for the Fire Department.
(10)
The Chief shall:
(a)
Within five days after the date of any accident involving any
equipment or personnel of the Fire Department, make a report of the
accident to the Borough Manager in such form and with such detail
as the Borough Manager may require.
(b)
At least once quarter-annually, attend a regular public meeting
of Council for the purpose of making a report to Council with respect
to the services, operations, administration and state of readiness
and preparedness of the Fire Department.
(c)
Attend all meetings of the Fire Department Committee and attend
such meetings of the Finance and Budget Committee and other committees
of the Council of the Borough as he is directed to attend by Council
or the Borough Manager.
(11)
The Chief shall cooperate and work with the Mifflin County Emergency
Management Services Agency, other fire departments in the County,
local business associations, local service and civic organizations,
and the like — all as the Chief may determine to be in or for
the best interests of the Borough, the Fire Department, or the Fire
Department's programs, services or operations.
(12)
To the best of the Chief's ability, he shall be present
at all major fires, floods, accidents, rescue operations, or other
like emergencies to which the Fire Department responds.
(a)
When present at the scene of a fire, the Chief shall make a
size-up; adopt a fire attack strategy; select the appropriate tactics
to execute the strategy in light of available equipment; and implement
appropriate overhaul procedures or salvage procedures.
(b)
When present at the scene of a flood, accident, rescue operation,
or other like emergency, the Chief shall make a size-up; adopt a strategic
plan; select such tactical plans to execute the strategic plan as
are appropriate to mitigate or abate the consequences or effects of
the emergency; and implement appropriate overhaul procedures or salvage
procedures.
C.
Duties owed to the Chief. The Chief shall be furnished with a key
to the firehouse of each fire company and be allowed admission to
the firehouse of each fire company at all times. The secretary of
a fire company shall furnish the Chief, on request, with a complete
list of all the officers and members of the fire company, their respective
response specialties, tasks or classifications, and such other information
as the Chief may require.
D.
Authority of Chief to suspend a recognized volunteer fire company.
(1)
The Chief shall have the right to suspend a recognized volunteer fire company from participation in the Fire Department for failure to comply with directions or orders given by the Chief in the exercise of his authorized duties or powers (see Subsections A and B) or for the failure of the recognized volunteer fire company to comply with the volunteer fire company's duties owed to the Chief (see Subsection C). Upon the occurrence of such and within two days thereof, the Chief shall notify Borough Council in writing specifying with particularity the reason for the suspension. Borough Council shall, within 30 days of receipt of written notice, hold a public hearing to review the suspension. At such public hearing, Council shall take testimony from the Chief of the Fire Department and the Chief's witnesses, if any, and from the suspended volunteer fire company and its witnesses. After hearing testimony, the Borough Council of the Borough of Lewistown shall have the authority to: a) confirm the suspension until corrective action is taken or until adequate assurances of compliance with the authorized directions of the Chief is given; or b) until there is compliance with the duties owed to the Chief; or c) to revoke the suspension and to reinstate the suspended volunteer fire company, provided there is compliance with specified conditions; or d) to revoke the suspension and to reinstate the suspended volunteer fire company. Borough Council shall render a written decision or, if no decision is called for, make written findings, within 30 days of the last hearing before Borough Council. Where the suspension is contested, each decision shall be accompanied by findings of fact and conclusions based thereon, together with reasons therefor.
(2)
For purposes of this Subsection D, the calculation of days shall be so computed as to exclude the first and include the last day of such period. Furthermore, whenever the last day of any period shall fall on a Saturday or on a Sunday or on any day made a legal holiday by the laws of the Commonwealth of Pennsylvania or of the United States of America, such day shall be omitted from the computation.
A.
In the absence of the Chief of the Fire Department, the Deputy Chief
shall have the same duties and powers as the Chief.
B.
In the absence of the Chief and the Deputy Chief at a fire, flood,
accident, rescue operation, or other emergency to which the Fire Department,
a fire company or a rescue unit responds, the Assistant Chiefs (in
such order as the Chief may have previously determined) shall have
the same duties and powers as the Chief would have had if he were
present at the fire, flood, accident, rescue operation, or emergency.
A.
Pursuant to the authority granted by the Pennsylvania Special Fire
Police Act (Act of November 23, 2010, P.L. 1181, No. 118, as amended,
35 Pa.C.S.A § 7431 et seq.), each fire company shall nominate
not less than 12 and not more than 20 of its members to act as special
fire police. After nomination but before a special fire policeman
may enter upon his duties, he shall be confirmed by the Chief of the
Fire Department and the Mayor and take an oath, administered by the
Mayor, to faithfully perform his duties as a special fire policeman
with fidelity and to the best of his ability.
B.
It shall be the duty of the special fire police to:
(1)
Regulate traffic and keep crowds under control at or in the vicinity
of a fire at which their fire company is in attendance;
(2)
Exercise such police powers as are reasonably necessary in order
to facilitate and prevent interference with the work of the firemen
at a fire;
(3)
Protect property removed from a fire;
(4)
Ensure that no unauthorized vehicle is driven over a fire hose; and
(5)
Protect the fire equipment of the fire company at a fire.
C.
In addition to the duties and powers of the special fire police under § 24-18B, the special fire police shall have and exercise such police powers as are reasonably necessary to regulate traffic or keep crowds under control:
(1)
When accidents, floods, rescue operations or other emergencies require
that the special fire police exercise such powers until the arrival
of state or municipal police — and the special fire police may
exercise the powers under this subsection:
(a)
Without the prior request or approval of Council, the Mayor,
the Chief of Police, the Chief of the Fire Department, the Borough
Manager, the County Emergency Management or any other like official
or agency;
(b)
When the Fire Department or any fire company is conducting an
event, function or parade under its auspices in the Borough; or
(c)
When Council has requested that the special fire police exercise
such powers at any event, function or parade conducted by others in
the Borough other than the Fire Department or a fire company.
D.
In accord with the Act of November 23, 2010, P.L. 1181, No. 118,
as amended, specifically 35 Pa.C.S.A § 7437, special fire
police shall be subject to the control of the Chief of Police of the
Borough of Lewistown.
Each February the Chief of the Fire Department shall furnish
Council with a roster showing the names, ages, addresses, occupations
and fire company memberships of all the special fire policemen. The
roster shall thereafter be kept in the office of the Borough Secretary
and in the office of the Chief of Police. The Chief of the Fire Department
shall from time to time inform Council of any additions to or deletions
from the roster.
Each of the fire companies is authorized, at its discretion
and at its own expense, to operate ambulance units and rescue units.
A.
It shall be unlawful for any person to obstruct, restrict, oppose
or interfere with the operations of the Fire Department, a fire company,
a fire company ambulance unit or a fire company rescue unit at the
scene or in the vicinity of a fire, flood, accident, rescue operation
or other emergency or to obstruct, restrict, oppose or interfere with
the Chief of the Fire Department, the Deputy Chief, an Assistant Chief,
any special fire policeman or any fireman while he is on duty at the
scene or in the vicinity of a fire, flood, accident, rescue operation
or other emergency or while he is going to or returning from the scene
or the vicinity.
B.
Any person who commits an unlawful act under Subsection A of this section or who fails to carry out or comply with an order of any officer or any special fire policeman referred to in Subsection A while on duty shall, upon conviction of the offense, be sentenced to pay a fine of not more than $300 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days.
[Added 8-12-2019 by Ord.
No. 2019-3]
A.
This section shall be known and may be cited as the "Borough of Lewistown
Volunteer Fire Company Emergency Services Recovery of Response Costs
Ordinance."
B.
The Borough of Lewistown hereby authorizes the Fire Department of
the Borough of Lewistown through its volunteer nonprofit fire companies
to recover the reasonable costs of materials, equipment, personnel
hours, hazardous abatement materials involving motor vehicle accidents
to the extent that the recovery of such costs is covered by and payable
through motor vehicle insurance.
C.
Claims for recovery of costs shall be filed with the motor vehicle
insurance carrier, representing an added-on cost of the claim for
damages of the vehicles, property and/or injuries. In the event services
are required relating to utilities causing safety problems to highway
areas, and if the area is deemed unsafe by emergency responders, the
same billing process shall apply to said utility, whose equipment-related
problems cause an emergency services response. Such claims shall be
filed with the insurance carrier of the owner of a vehicle, property
or other responsible party.
D.
The reasonable costs as outlined above, to the extent that they are
covered by and payable through motor vehicle insurance, may be recovered
directly by the Fire Department of the Borough of Lewistown through
its volunteer nonprofit fire companies or by agreement with a collection
agency, provided that such agreement is approved in advance by resolution
of the Borough Council of the Borough of Lewistown. The volunteer
fire companies shall provide to the Borough Council of the Borough
of Lewistown, on or before April 15 of each year, a report of all
funds received pursuant to this section.
E.
In addition to the aforementioned reasonable costs, the Fire Department
of the Borough of Lewistown through its volunteer nonprofit fire companies,
or a duly authorized collection agency, shall be authorized to collect
interest at the legal rate of 6% per year, as well as a reasonable
administrative fee for collecting the costs and any and all additional
fees as may be authorized by the Hazardous Material Emergency Planning
and Response Act, Act of December 7, 1990, P.L. 639, No. 165, as it
may be amended from time to time (35 P.S. § 6022.101 et
seq., as it may be amended from time to time), and, specifically pursuant
to 35 P.S. § 6022.210, entitled "Recovery of response costs,"
thereof, as it may be amended from time to time and as otherwise authorized
by any other statute, case law or at common law, to the extent that
the same are covered by and payable through motor vehicle insurance.
F.
Fees and charges shall be submitted to the Borough Council of the
Borough of Lewistown for approval by the Fire Department of the Borough
of Lewistown through its volunteer nonprofit fire companies. Only
fees and charges approved by resolution of Borough Council at a duly
advertised public meeting shall be deemed reasonable and eligible
for reimbursement.
G.
Right of appeal; recovery of fees and charges.
(1)
Emergency service recipients questioning the reasonableness of a
fee or charge or the right to collect any fee or charge may appeal
the assessment to the Borough Council of the Borough of Lewistown
pursuant to the provisions of the Pennsylvania Local Agency Law, 2
Pa.C.S.A. § 105, 2 Pa.C.S.A. §§ 551 through
555, and 2 Pa.C.S.A. §§ 751 through 754, all as it
may be amended and supplemented from time to time, within 30 days
of receipt of the assessment. Failure to so appeal within 30 days
shall constitute a waiver of the recipient's right to contest
the reasonableness of the fee or charge or the right to collect the
fee or charge.
(2)
As regards recovery of response costs pursuant to the Hazardous Material
Emergency Planning and Response Act, 35 P.S. § 6022.101
et seq., as it may be amended from time to time, and, specifically,
pursuant to 35 P.S. § 6022.210, entitled "Recovery of response
costs," as it may be amended from time to time, thereof, the Fire
Department of the Borough of Lewistown through its volunteer nonprofit
fire companies may recover such response costs to the extent that
such costs arise out of a response to a motor vehicle accident and
are covered by and payable through motor vehicle insurance.