[Ord. 891, 10/1/2007, § 1]
The Alpha Fire Company of State College, Pennsylvania (hereinafter called the "company"), organized in the Borough of State College, Centre County, Pennsylvania, and existing in the Borough of State College, and the Townships of Patton and College, is hereby designated as the officially recognized fire company for the Township of Ferguson.
[Ord. 891, 10/1/2007, § 2]
1. 
The company is authorized to provide fire, rescue, and related services to Township of Ferguson as may be necessary for the protection of persons and property situated therein. These services include, by way of example and not of limitation: the extinguishment of unwanted fires, prevention or reduction of loss of life or injury to persons or damage to property from fires, emergency response and rescue to traffic accidents, building collapses, hazardous materials incidents; the conduct of fire prevention and other safety programs; the support of emergency operations, and other assistance to other dangerous situations.
2. 
The company may also provide non-emergency and public service functions, such as, by way of example and not limitation: traffic control after a storm, or related activities that assist in prevention, mitigation or abatement of injury, damage or other undesirable consequences, whether from natural or man-made situations.
3. 
The company may also conduct and participate in such training activities either within or outside of Township of Ferguson, as may be deemed necessary by the Centre Region COG Fire Director (hereinafter called the "Fire Director"), or by the Fire Chief or his/her designee to maintain proficiency in providing service.
4. 
The company may also respond to calls and provide services to jurisdictions outside of this Township.
5. 
The company may also conduct regular and special meetings, work details, maintenance activities, fund raising programs, and public education programs. Social events are the exclusive responsibility of the company.
6. 
The company may also participate in other activities as may be approved by the Centre Region COG.
[Ord. 891, 10/1/2007, § 3]
1. 
In addition to actually participating in the activities of the company as authorized above, or in going to or returning from any activity, the members of the company are also authorized to:
A. 
Engage in any type of drill, training, funeral detail, ceremony, practice, test, or parade when authorized by the Fire Chief, President, or his/her designee.
B. 
Engage in fund-raising activities for the company and programs aimed at securing and retaining company members, when authorized by the Fire Chief, President, or his/her designee.
C. 
Engage in inspections and tours of private property, when invited, for fire prevention, planning, and training purposes; pre-planning; public education programs; testing of fire protection equipment or systems; open houses; and other fire prevention activities, when authorized by the Fire Chief, President, or his/her designee.
D. 
Attend local, regional, state, and national fire association meetings, conferences, and conventions, when authorized by the Fire Chief, President, or his/her designee.
E. 
Engage in the performance of any other function, duty, or activity authorized by the Centre Region COG.
[Ord. 891, 10/1/2007, § 4]
1. 
The company shall select a Fire Chief and assistants, in accordance with its bylaws. The names of these individuals shall be forwarded to the Centre Region COG General Forum for approval and appointment, after which the Chief of the Alpha Fire Company shall be designated as the Fire Chief of Township of Ferguson. The Fire Chief shall be invested in powers under authority granted by Township of Ferguson, and shall carry a badge of authority when exercising his/her duties. The Fire Chief shall be responsible to the Fire Director for his/her actions, and shall report to the Centre Region COG General Forum as necessary in conducting his/her duties, at such times as requested to appear before it. Any changes in policies and procedures for fire, rescue, and related services within Township of Ferguson shall be coordinated with the Centre Region COG.
2. 
The term "Fire Chief" as used in this Part and the Articles of Agreement adopted by this Part means the Fire Chief and his/her designees. The designees of the Fire Chief shall be identified in the policies, procedures, or by-laws of the fire company.
3. 
When, in the opinion of the Fire Chief or Fire Director, there is actual and potential danger to the occupants or those in the proximity of any building, structure, or premises because of fire, unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, the Fire Chief or Fire Director shall order the immediate evacuation of said building, structure or premises, and persons shall not enter or reenter until authorized to do so by the Fire Chief or Fire Director.
4. 
The Fire Chief and Fire Director are both empowered to direct such operations as may be necessary to extinguish, mitigate, or control any suspected or reported fires, gas leaks, rescue, or other hazardous conditions or situations, or of taking any other action necessary to save life, protect property, and prevent further injury or damage, in reasonable performance of his/her duty. The Fire Chief or Fire Director may prohibit any person, vehicle, or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle, or object which may impede or interfere with the operations of the company. The Fire Chief or Fire Director may remove or cause to be removed any person, vehicle, or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Chief or Fire Director. The Fire Chief or Fire Director shall also have the power to call upon any municipal police officer to aid and assist in the carrying into execution any measure he/she may deem proper and expedient.
5. 
The Fire Chief and Fire Director shall both have the authority to establish barriers to control access in the vicinity of emergencies and to place, or cause to be placed, ropes, guards, barricades, or other obstructions across any street or alley to delineate such emergency scene barrier. No person, except as authorized may cross such barriers.
6. 
The specific duties of the Fire Chief and his/her designees shall be as prescribed in the current agreement between the Alpha Fire Company and the Centre Region COG.
7. 
The specific duties of the Fire Director shall be as prescribed in the current agreement between the Alpha Fire Company and the Centre Region COG.
[Ord. 891, 10/1/2007, § 5]
1. 
In accordance with the Joint Articles of Agreement for the Fire, Rescue, and Related Services Program the Board of Supervisors of the Township of Ferguson herein authorizes the Executive Director of the Centre Region COG, with the advice and consent of the COG General Forum, to biennially appoint a Fire Marshal and assistants for Township of Ferguson, as well as the remaining member municipalities of the Centre Region COG, all of Centre County. For the purposes of insurance liability only, the Fire Marshal shall be considered an employee of the Centre Region COG and subject to terms and conditions of appointment as it may approve.
2. 
The Fire Marshal shall investigate or cause to be investigated every fire or explosion occurring within Township of Ferguson that is of suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and, if it appears that such an occurrence is of a suspicious nature, the Fire Marshal shall take charge immediately of the physical evidence and, in order to preserve any physical evidence related to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such building, structure, or premises until such evidence has been properly processed. The Fire Marshal shall notify such persons designated by law to pursue investigations into such matters, and shall further cooperate with such authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion. The Fire Marshal shall provide for the preparation and submission of reports and other information relating to his/her duties, as may be requested by the Executive Director of the Centre Region COG.
[Ord. 891, 10/1/2007, § 6]
1. 
No person shall obstruct the operations of the company in connection with extinguishing or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the Fire Chief, Fire Director, or any lawful order of a Police Officer assisting the company.
[Ord. 891, 10/1/2007, § 7]
1. 
In accordance with the Special Fire Police Act, the Board of Supervisors of the Township of Ferguson herein authorizes the General Forum of the Centre Region COG to confirm Special Fire Police when nominated by the company. Special Fire Police are subject to the terms and conditions of appointment as may be approved by the Centre Region COG. Special Fire Police may be removed by the COG Executive Director upon recommendation of the Fire Chief, Fire Director, or the Chief of Police.
2. 
After being nominated by the company, confirmed by the General Forum, and sworn, Special Fire Police members may engage in crowd control, traffic control, and related activities as described in the Special Fire Police Act. When on duty, all Special Fire Police shall display a badge of authority, and shall be subject to control of the Chief of Police of the municipality in which they are serving or, if none, a member of the Pennsylvania State Police.
3. 
On behalf of the governing body of the municipality in which they are serving, the Police Chief may request the Special Fire Police to perform traffic or crowd control at any event, function, or parade conducted by an organization other than Alpha Fire Company.
[Ord. 891, 10/1/2007, § 8]
Unless otherwise provided in this Part or by the Board of Supervisors, neither the Alpha Fire Company nor its officers, members, representatives, agents, servants, or employees shall have the power or authority either actual, apparent, or implied, to contractually bind or create contractual liability on the part of any municipal entity. However, it is recognized that the Alpha Fire Company is a governmental agency and that its officers, members, representatives, agents, servants, or employees are included within the provisions of the Political Subdivision Immunity Act, 42 Pa.C.S.A § 8541 et seq., and as such, the said Alpha Fire Company, its officers, members, representatives, agents, servants, and employees are entitled to immunity from tort liability, and to all rights and privileges as provided in said act.
[Ord. 891, 10/1/2007, § 9]
Any person, firm, or corporation, who shall violate any lawful order of the Fire Chief, Fire Director, Fire Marshal, or Special Fire Police authorized by this Part shall, upon conviction thereof, be subject to a fine of not less than $100, nor more than $1,000, or imprisonment for a term not to exceed 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[Ord. 891, 10/1/2007, § 10]
This Part hereby repeals the Joint Articles of Agreement for Fire, Rescue, and Related Services, dated November 27, 1995. The Joint Articles of Agreement for Fire, Rescue, and Related Services, dated May 10, 2007, are hereby referred to, adopted, and made a part hereof, as if fully set out in this Part.