[Res. 24-95, 8/14/1995; as amended by Ord. 01-3, 5/14/2001,
§ 1]
1.
The volunteer firefighters and fire police serving the New Hanover
Township Volunteer Fire Company No. 1 under the direction and command
of their respective superior officers are hereby granted authority
to participate in countywide mutual aid, firemen's training schools,
parades, meetings and municipal functions of the type customarily
attended by and participated in by volunteer fire company members
in accordance with the duties, responsibilities and obligations as
set forth in the enabling legislation adopted by the Commonwealth
of Pennsylvania, including, but not limited to, the Second Class Township
Code, 53 P.S. § 65101 et seq., the Emergency Management
Relief Act, and the Fire and Panic Act, 35 P.S. § 1221 et
seq.
[Amended by Ord. No. 21-06, 8/5/2021; and by Ord. No. 2022-02, 1/3/2022]
2.
Authorization is also hereby granted for the New Hanover Township
Volunteer Fire Company No. 1, their volunteer firefighters and fire
police to assist other fire departments and other emergency relief
organizations in any traffic and crowd control needed at emergencies
and municipal activities, it being understood that when doing any
of the aforementioned duties they shall be considered to have been
done at the specific request of the Board of Supervisors for the Township
of New Hanover.
[Amended by Ord. No. 21-06, 8/5/2021; and by Ord. No. 2022-02, 1/3/2022]
3.
All of the above authorization shall be considered to be the specific
directive of the Board of Supervisors of the Township of New Hanover
with regard to the activities and conduct by the volunteer members
of the New Hanover Township Volunteer Fire Company No. 1 and fire
police when acting under the supervision and direction of their superior
offices and shall include travel directly to and from such duties
in regard to which those individuals shall be properly covered by
the Township's workers' compensation benefits for any injuries resulting
from those authorized duties.
[Amended by Ord. No. 21-06, 8/5/2021; and by Ord. No. 2022-02, 1/3/2022]
4.
Such authorization shall specifically not include activities or conduct
engaged in by firefighters and fire police in support of furtherance
of private functions or activities that are not related to or associated
with municipal or civil activities including, but not limited to,
weddings, commercial activities, solicitation of contributions on
the roadway (defined in the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 3545) or other fund-raising events and further shall specifically
not constitute authorization for any firefighter or fire police to
perform any duty or participate in any function or activity whether
authorized by enabling legislation adopted by the Commonwealth of
Pennsylvania or otherwise set forth herein while that individual is
under the influence of alcohol or other illegal substance as defined
in the statutes of the Commonwealth of Pennsylvania or is ingesting
alcohol or other illegal substance as defined by those statutes or
whiled engaged in any other activity constituting a violation of the
statutes of the Commonwealth of Pennsylvania, it being the intention
of the Board of Supervisors of the Township of New Hanover that firefighters
or fire police ingesting or under the influence of alcohol or other
illegal substance or engaged in any other activity constituting a
violation of the statutes of the Commonwealth of Pennsylvania shall
be specifically excluded and precluded from any grant of authorization
or coverage under the Workers' Compensation Act, 77 P.S. § 1
et seq., otherwise herein contained.
5.
The New Hanover Township Board of Supervisors hereby vests the Township
Manager with the discretion to extend Workmen's Compensation Benefits
to members of the volunteer fire companies situate in New Hanover
Township pursuant to § 601 of the Workmen's Compensation
Act, 77 P.S. § 1031, to include as duties of the fire company
authorized by the Township certain annual or specific events expressly
identified and approved by the Township Manager. The New Hanover Township
Board of Supervisors hereby reserves the right and entitlement to
revise, modify or adjust the discretion herein vested in the Township
Manager as may be necessary and appropriate by resolution adopted
by the Board of Supervisors from time to time.
[Ord. 97-7, 10/13/1997, § 1-511; amended by Ord. No. 21-06, 8/5/2021]
1.
The following association is hereby recognized as actively engaged
in providing fire protection and/or emergency services in the Township:
New Hanover Township Firefighter's Relief Association. This association
has been formed for the benefit of their members and their families
in case of death, sickness, temporary or permanent disability or accident
suffered in the line of duty.
2.
The above-named association of the Township is designated the proper
association to receive such funds as are due and payable to the Township
Treasurer by the Treasurer of the State of Pennsylvania from the tax
on premiums from foreign fire insurance companies.
[Ord. 97-7, 10/13/1997, § 1-512]
The Board of Supervisors shall annually certify to the Auditor
General of the Commonwealth, the name(s) of the active associations
and the percentage of service they contribute to the protection of
the Township. Such certification shall be on forms prescribed by the
Auditor General.
[Ord. 97-7, 10/13/1997, § 1-513]
There is annually appropriated from the Township Treasury all
such sums of money that may hereafter be paid into the Township Treasury
by the Treasurer of the State of Pennsylvania on account of taxes
paid on premiums of foreign fire insurance companies in pursuance
of the Act of December 18, 1984, No. 205, § 701 et seq.,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania. Such monies received by the Township Treasurer
from the State Treasurer shall be distributed to the duly recognized
association(s) within 60 days of receipt. The funds shall be distributed
on the basis of the percentage of service established in the certification
to the Auditor General and with other provisions of the Act.
