[Ord. 742, 11/5/1980,
§ 1901; as amended by Ord. 846, 3/8/1989, § 1901; and by Ord. 995, 12/10/2003]
Fire protection for the Borough of Aspinwall shall be provided
by the Aspinwall Volunteer Fire Department, Inc., (the "Fire Department"
or "Department"), a nonprofit corporation incorporated under the laws
of the Commonwealth of Pennsylvania, which is hereby designated as
the official fire protection agency for the Borough of Aspinwall.
The Fire Department of the Borough shall consist of one Chief, one
Assistant Chief and two companies.
[Ord. 742, 11/5/1980,
§ 1902; as amended by Ord. 846, 3/8/1989, § 1902; by Ord. 962, 2/9/2000, § 1902.02; by Ord. 995, 12/10/2003; and by Ord. 1028, 4/9/2008, § 1]
1.
Appointment. The Chief and Assistant Chief of the Fire Department
shall be appointed by the Borough Council and shall continue in their
offices for terms of three years, but may be suspended or removed
by the Council for inattention or neglect of duty or for other proper
causes. The Fire Department shall submit to the Borough Council one
nominee each for consideration for appointment to the offices of Chief
and Assistant Chief. The terms of the Chief and Assistant Chief shall
run concurrently.
2.
Qualifications. Any person appointed to the office of Chief or Assistant
Chief of the Fire Department shall, at the time of such appointment,
meet the qualifications set forth in the By-Laws of the Fire Department.
[Ord. 742, 11/5/1980,
§ 1903; as amended by Ord. 846, 3/8/1989, § 1903; and by Ord. 962, 2/9/2000, § 1903.01]
1.
Jurisdiction, Chief. The Chief of the Fire Department shall have
sole command and control over all officers and members of the Fire
Department at all times, and over all persons who may be present at
the fire. The Chief shall take proper measures for the prevention
and extinguishing of fires, for the protection of life and property,
for the preservation of order, and for the observance of Borough ordinances,
the parliamentary by-laws and the Chief's rules of the Fire Department.
2.
Jurisdiction, Assistant Chiefs. The Assistant Chief of the Fire Department
shall, under the supervision of the Chief, exercise general command
over all officers, members, fire apparatus and equipment of the Fire
Department. In the absence or incapacitation of the Chief, the Assistant
Chief shall assume all powers and duties of the Chief.
[Ord. 742, 11/5/1980,
§ 1904; as amended by Ord. 846, 3/8/1989, § 1904; by Ord. 962, 2/9/2000, § 1904; and by Ord. 995, 12/10/2003]
Upon an alarm of fire, the Chief of the Fire Department shall
become the supreme police officer of the Borough for the subject scene
of a fire and/or alarm, and shall continue in such capacity until
the fire is extinguished and/or the alarm is cancelled. It shall be
the duty of the police officer(s) of the Borough on duty to immediately
report to the Chief or other officer or member of the Fire Department
in charge at the scene of a fire and/or alarm and to act under his/her
direction. Said police officer(s) shall not absent themselves temporarily
nor permanently from the scene of a fire and/or alarm without permission
from the Chief or other office or member of the Fire Department acting
in the Chief's absence.
[Ord. 742, 11/5/1980,
§ 1905; as amended by Ord. 846, 3/8/1989, § 1905]
The Chief of the Fire Department shall have charge of all fire
apparatus and fire equipment of the Borough, and shall examine into
its condition and report said condition to Council monthly or when
so directed by Council. He/she shall report to Council all fires and
the causes thereof, the amount of damage done and the names of the
owners and occupants of the property burned. He/she shall also report
to the Borough Council any property, building, condition or practice
which is not in accordance with the ordinary provisions for fire prevention
or protection.
[Ord. 742, 11/5/1980,
§ 1906; as amended by Ord. 846, 3/8/1989, § 1906; and by Ord. 1028, 4/9/2008, § 1]
The Chief of the Fire Department shall adopt such rules and
regulations as he/she may deem necessary and proper for the government
of the same. These rules and regulations shall be known as the Chief's
Rules. Before these Chief's Rules shall be operative, they must
be approved by the Borough Council.
[Ord. 742, 11/5/1980,
§ 1907; as amended by Ord. 846, 3/8/1989, § 1907]
Within 30 days after assuming office, the Chief of the Fire
Department shall file with the Borough Manager an itemized list of
all fire apparatus and equipment coming into his/her control and possession.
He/she shall see that such equipment is kept in good repair and at
the expiration of his/her term of office by lapse of time, removal
or otherwise, shall turn over to the Borough said property and equipment
and secure a receipt for same.
[Ord. 742, 11/5/1980,
§ 1908; as amended by Ord. 846, 3/8/1989, § 1908; by Ord. 962, 2/9/2000, § 1908; and by Ord. 995, 12/10/2003]
Supplies for the use of the Fire Department may be obtained
only upon order of the Chief. Bills shall be certified by him/her
to the Borough Council for payment, but bills of a greater amount
than $200 in any one month shall not be contracted by him/her without
the consent of the Public Safety Committee of Council. This shall
not apply to expenditures of funds of the parliamentary organization
of the Fire Department.
[Ord. 742, 11/5/1980,
§ 1909; as amended by Ord. 846, 3/8/1989, § 1909; by Ord. 962, 2/9/2000, § 1909; by Ord. 995, 12/10/2003; and by Ord. 1028, 4/9/2008, § 1]
Qualifications for membership in the Fire Department shall be
determined by the By-Laws of the Fire Department.
[Ord. 742, 11/5/1980,
§ 1910; as amended by Ord. 846, 3/8/1989, § 1910; by Ord. 962, 2/9/2000, § 1910; and by Ord. 1028, 4/9/2008, § 1]
[Ord. 742, 11/5/1980,
§ 1911; as amended by Ord. 846, 3/8/1989, § 1911; by Ord. 962, 2/9/2000, § 1911; by Ord. 995, 12/10/2003; and by Ord. 1028, 4/9/2008, § 1]
The Department shall have the power to elect, for a period of
one year, a Captain, a First Lieutenant, and a Second Lieutenant for
each company who shall, at the time of election, meet the qualifications
set forth in the By-Laws of the Fire Department. The Captain shall,
under the supervision of the Chief and Assistant Chief, and in accordance
with the By-Laws of the Department and the Chief's Rules adopted
by the Borough Council, have command of all officers and members of
the Department. He/she shall see that the fire apparatus and equipment
of the Department are kept in good order, preserve order and discipline
therein, and perform such other duties as the Chief and/or Assistant
Chief may direct. The Lieutenants, in order of their rank, shall assist
the Captain in his/her duties and take command in his/her absence
in accordance with the By-Laws of the Department and the Chief's
Rules adopted by the Borough Council. They shall perform such other
duties as the Chief, Assistant Chief, or Captain may direct.
[Ord. 742, 11/5/1980,
§ 1916; as amended by Ord. 846, 3/8/1989, § 1916; by Ord. 962, 2/9/2000, § 1917; and by Ord. 1028, 4/9/2008, § 1]
The Chief, Assistant Chief, Captains, Lieutenants and all new
members, before entering upon their duties, shall subscribe an oath
or affirmation before the Mayor, or other official authorized by law
to administer oaths, that they and each of them will observe the laws
of the Commonwealth of Pennsylvania, the ordinances of the Borough
of Aspinwall relating to their offices, the By-Laws adopted by the
Department, and the provisions of the Chief's Rules adopted by
the Borough Council, and do and perform all the duties of their offices
faithfully and to the best of their ability. Said oath shall be administered
to the aforementioned officers and members not later than the January
31 following their election or appointment.
[Ord. 742, 11/5/1980,
§ 1917; as amended by Ord. 846, 3/8/1989, § 1917; and by Ord. 962, 2/9/2000, § 1918]
1.
It shall be the duty of all officers and all active, probationary,
and junior members of the Fire Department, whenever an alarm of fire
is sounded, to report to the fire stations promptly and thence, with
the fire apparatus and equipment to the scene of the fire, in accordance
with the provisions of the Chief's Rules adopted by the Borough
Council.
2.
If the apparatus has already gone to the scene of fire, they shall
report thence as soon as possible to the Chief or other officer or
member of the Fire Department in command and shall not under any circumstances
whatever discontinue their duties nor leave the scene of fire without
permission of the Chief or other officer or member acting for him/her.
Junior members shall respond as above but in accordance with the provisions
of the laws of the Commonwealth of Pennsylvania governing the activities
of junior firefighters.
[Ord. 742, 11/5/1980,
§ 1918; as amended by Ord. 806, 6/11/1986; by Ord. 846, 3/8/1989, § 1918; and by Ord. 962, 2/9/2000, § 1919; and by Ord. 995, 12/10/2003]
Any person or persons who shall deface or destroy any property
of the Fire Department, or who shall hinder, obstruct or prevent in
any manner any fire company or member thereof from freely passing
along the streets or property of the Borough to or from an alarm or
practice, or any member of the same from operating at an alarm or
practice, or who shall refuse to obey or willfully violate the instructions
of the Chief or other officer or member of the Fire Department in
command at the scene of a fire and/or alarm shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days.
[Ord. 742, 11/5/1980,
§ 1919; as amended by Ord. 806, 6/11/1986; by Ord. 846, 3/8/1989, § 1919; by Ord. 962, 2/9/2000, § 1920; and by Ord. 995, 12/10/2003]
1.
Any person or persons who shall willfully create any false alarm
of fire by means of the fire alarm system of the Borough, or otherwise
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 nor more than $1,000 plus costs and, in default of
payment of said fine and costs, to imprisonment for a term not to
exceed 30 days.
2.
This, however, shall not include the Fire Chief, who shall have the
right and privilege at any time to create an alarm of fire for practice,
discipline or for the purpose of increasing the efficiency of the
Fire Department.
[Ord. 742, 11/5/1980,
§ 1920; as amended by Ord. 806, 6/11/1986; by Ord. 846, 3/8/1989, § 1920; by Ord. 962, 2/9/2000, § 1921; and by Ord. 995, 12/10/2003]
No person or persons shall have the authority to send in a second
or greater alarm in the Borough, nor to send nor call for assistance
from outside the Borough limits, except the Chief or other officer
or member of the Fire Department in charge at an alarm. Any person
or persons willfully violating this provision shall, upon conviction
thereof, be sentenced to pay a fine not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days.
[Ord. 742, 11/5/1980,
§ 1921; as amended by Ord. 806, 6/11/1986; by Ord. 846, 3/8/1989, § 1921; by Ord. 962, 2/9/2000, § 1922; and by Ord. 995, 12/10/2003]
Any person or persons not authorized by the parliamentary by-laws
of the Fire Department and the Chief's rules adopted by the Borough
Council who shall have in his/her possession, or make or cause to
be made, any key or keys for the fire stations of the Borough, or
use or cause the same to be used, without the consent of the Chief
or other proper officer of the Fire Department shall, upon conviction
thereof, be sentenced to pay a fine not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days.
[Ord. 742, 11/5/1980,
§ 1922; as amended by Ord. 806, 6/11/1986; by Ord. 846, 3/8/1989, § 1922; and by Ord. 962, 2/9/2000, § 1923; and by Ord. 995, 12/10/2003]
No person or persons not connected with the Fire Department
shall have authority nor power to enter in any manner any fire station
of the Fire Department and use or cause to be used, or remove or cause
to be removed, any fire apparatus or equipment, or portion thereof,
without the consent of the Chief. Any person or persons who shall
willfully violate this provision shall, upon conviction thereof, be
sentenced to pay a fine not to exceed $1,000 plus costs and, in default
of payment of said fine and costs, to imprisonment for a term not
to exceed 30 days.
[Ord. 742, 11/5/1980,
§ 1923; as amended by Ord. 846, 3/8/1989, § 1923; and by Ord. 962, 2/9/2000, § 1924]
The fire stations of the Borough shall be, in addition to their
use as fire houses, for the exclusive use of the Fire Department,
and the Department may make such house rules as it may deem necessary
for the proper government of its members. No fire station or part
thereof may be occupied or used temporarily nor permanently for any
other purpose, except by permission of the regularly elected Trustees
of the Department, the President of Borough Council and the Chief
of the Fire Department. This, however, shall not interfere with the
present use by the Borough of the fire stations as polling places
in precincts in which they are located.
[Ord. 742, 11/5/1980,
§ 1925; as amended by Ord. 846, 3/8/1989, § 1925; and by Ord. 995, 12/10/2003]
If the Fire Department shall fail to take proper care of the
property of the Fire Department and Borough, or neglect to preserve
discipline and good order, or shall fail to perform the services at
alarms or practices as required by the Chief, the Borough Council
shall, if it deems expedient, discharge any or all members of the
Department from the service of the Borough.
[Ord. 742, 11/5/1980,
§ 1926; as amended by Ord. 846, 3/8/1989, § 1926]
The Chief, Assistant Chief, Captains, Lieutenants and all other
officers and members of the Fire Department shall, at the expiration
of their office or membership, turn over to the said Fire Department
or Borough, or to their successor(s) in office, all property of the
Fire Department or Borough which they may have in their possession
or control.
[Ord. 742, 11/5/1980,
§ 1927; as amended by Ord. 846, 3/8/1989, § 1927; and by Ord. 962, 2/9/2000, § 1927]
The Fire Department may adopt a dress uniform, and for the protection
of said uniform may adopt such rules regulating the use and time of
wearing same as may be deemed advisable. Any member of the Department
using or wearing, or causing to be used or worn, at any time contrary
to the regulations adopted, unless by permission or direction of the
Chief or other proper officer of the Department, or who shall when
wearing said uniform, be guilty of conduct reflecting upon the honor
of the Fire Department, shall be subject to such disciplinary action
by the Chief as may be deemed advisable. Said uniform shall be the
property of the Fire Department.
[Ord. 742, 11/5/1980,
§ 1928; as amended by Ord. 846, 3/8/1989, § 1928]
The Borough will procure and maintain workmen's compensation
insurance, third-party liability and fellow member liability insurance
for the Fire Chief, Assistant Chief, officers and all members of the
Fire Department, comparable to that provided to Borough employees.
[Ord. 742, 11/5/1980;
as amended by Ord. 995, 12/10/2003]
1.
All calls to duty in the field of public safety, including going
to and returning from such calls.
2.
Participation in fire drills and training sessions including, but
not limited to, emergency medical services, hazardous substance and
fire control.
3.
All activities performed while maintaining, repairing or working
on or about the fire and emergency medical apparatus.
4.
All activities performed while maintaining, repairing or working
on or about the fire station and grounds.
5.
Riding on or upon the fire or ambulance apparatus owned, used or
contracted by the Borough or Fire Department.
6.
Attending local association meetings, regional and state-wide conventions
and parades, including travel to and from such events.
7.
Participation in all fund-raising activities including, but not limited
to, door-to-door solicitations, raffles, bingos, public dinners, fairs
and any other activities to which the express purpose is to raise
funds for the support of the fire and emergency medical services.
[Ord. 412, 10/10/1932, § 2720; as amended by Ord. 995, 12/10/2003]
1.
The Aspinwall Volunteer Fire Company's Relief Association is
recognized as actively engaging in providing fire protection and/or
emergency services in the Borough of Aspinwall. This Association has
been formed and organized pursuant to the Volunteer Firemen's
Relief Association Act, 53 P.S. § 8501 et seq., as amended,
for the benefit of its members and their families in case of death,
sickness, temporary or permanent disability or accident suffered in
the line of duty. The Aspinwall Volunteer Firemen's Relief Association
is designated a proper association to receive such funds as are due
and payable to the Borough Treasurer by the Treasurer of the Commonwealth
of Pennsylvania from the tax on premiums from foreign fire insurance
companies and such other related Commonwealth taxes or fees.
2.
This recognition of the Aspinwall Volunteer Firemen's Relief
Association shall continue as long as the Association is operated
consistent with the requirements of the Volunteer Firemen's Relief
Association Act, 53 P.S. § 8501 et seq., as amended.
