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.
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.
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.
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.
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.
[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.