[Ord. 565-96, 11/6/1996, § 1]
1.
Title. This Part shall be known as the "Fire Alarm Ordinance" of
East Pennsboro Township.
2.
Scope. This Part shall regulate all matters concerning the design,
installation, repair, tampering, maintenance and operation of all
fire alarm systems and related devices; fixing fees and regulations
pertaining to the licensing of fire alarm contractors; and prescribing
penalties for violations hereof.
3.
Purpose. The high incidence of false fire alarms and/or alarm malfunctions
causes a significant misuse of the manpower and resources of the East
Pennsboro Township Fire Service by causing the dispatch of units to
the scene of a false alarm or alarm malfunction which renders them
out of service and unavailable to respond to legitimate emergency
situations. This Part shall be construed to secure its expressed intent
which is to insure public safety, health, and welfare by controlling
the design of, testing of, repair of, installation of, tampering with,
and maintenance requirements of fire alarm systems installed and operating
within East Pennsboro Township; thereby, reducing the service demands
on the East Pennsboro Township Fire Service and improving the safety
to the public.
[Ord. 565-96, 11/6/1996, § 2]
1.
General. The provisions of this Part shall apply to all matters affecting
or relating to fire alarm systems and fire alarm contractors, and
shall apply equally to new and existing buildings and conditions.
This includes all required and nonrequired fire alarm systems.
2.
Matters Not Provided For. The East Pennsboro Township Board of Commissioners
hereby provide for determination of matters not provided for herein
by the Building Code Official and/or Fire Marshall.
A.
Administrative orders will be issued by the Building Code Official
and/or Fire Marshall to clarify ordinance questions and to establish
departmental policy where no specific criteria exists, or where administrative
guidance is needed to establish a methodology to resolve recurring
problems.
B.
Standard design bulletins will be issued where code criteria leave
a specific aspect of the design installation to the judgment of the
Building Code Official and/or Fire Marshall or the authority having
jurisdiction. They will set specific design criteria where necessary.
3.
Continuation of Unlawful Use or Practice. The continuation of use
of a fire alarm system or the designing, installation, testing, repair,
tampering with, and maintenance of fire alarm systems by any person(s),
firm, or corporation, contrary to the provisions of this Part, shall
be deemed a violation and subject to the fees and penalties prescribed
in this Part. Each day that an unlawful use or practice continues
shall be deemed to be a separate offense.
4.
Other Regulations. When the provisions herein are more restrictive
than other regulations, this Part shall control, but in any case,
the most rigid requirements of any other applicable code or regulation
shall apply whenever a conflict exists.
5.
Referenced Standards. The standards referenced in this Part and those
listed in the appendixes of the current Building Officials and Code
Administrators (BOCA) National Building Code and the BOCA National
Fire Prevention Code including the National Fire Protection Association
(NFPA) 72; National Fire Alarm Code - 1993 Edition, or as subsequently
amended, and adopted by East Pennsboro Township shall be considered
to be part of the requirements of this Part. Where differences occur
between provisions of this Part and other standards, the provisions
of this Part shall apply.
6.
Exemptions. This Part shall not require installations to be certified
as required in the National Fire Alarm Code referenced herein.
[Ord. 565-96, 11/6/1996, § 3]
1.
Scope. Unless otherwise expressly stated, the following words and
terms shall, for the purposes of this Part, have the meanings in this
section.
2.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
3.
Terms Defined in Other Codes. Where terms are not defined in this
Part and are defined in the building, mechanical, or fire codes, such
terms shall have the meanings ascribed to them as in those codes as
adopted by East Pennsboro Township. Definitions found in NFPA Standards
for fire protection and electrical installations shall apply in this
Part, when not otherwise specifically defined.
4.
Terms Not Defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
5.
AGENT
ALARM
APPROVED
AUTOMATIC FIRE ALARM SYSTEM
AUTOMATIC FIRE DETECTION DEVICE
AUTOMATIC FIRE SUPPRESSION SYSTEM
CENTRAL STATION
CENTRAL STATION SERVICE
EAST PENNSBORO TOWNSHIP FIRE SERVICES
FIRE ALARM AFFIDAVIT
FIRE ALARM SIGNAL
FIRE ALARM SYSTEM
FIRE CODE OFFICIALS
LOCK BOX
NONREQUIRED FIRE ALARM SYSTEM
REQUIRED FIRE ALARM SYSTEM
SINGLE STATION SMOKE DETECTOR
SMOKE DETECTOR
Defined Terms.
Any person who shall have charge, care or control of any
building as representative of the owner, including an executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person representing the actual owner shall comply
with the provisions of this Part to the same extent as if that person
were the owner.
Any audible or visible signal indicating existence of a fire
or emergency that requires response on the part of the East Pennsboro
Township Fire Service. Included in this are the alarm devices by which
fire and emergency signals are received.
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ALARM MALFUNCTION — The activation of any alarm which
results in the response of the East Pennsboro Township Fire Service
caused by mechanical failure, malfunction, improper installation,
or lack of proper maintenance of any other response for which the
East Pennsboro Township Fire Service personnel are unable to gain
access to the premises for any reason, or are unable to determine
the apparent cause of the alarm activation.
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FALSE ALARM (UNWANTED ALARM) — An alarm malfunction or
malicious fire alarm as defined herein.
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MALICIOUS FIRE ALARM — The activation of any alarm which
results in the response of the East Pennsboro Township Fire Service
caused by the negligence or intentional misuse of the system by the
owner or his employees, servants or agents; or any other activation
not caused by heat, smoke or fire, exclusive of an alarm malfunction.
An alarm is not considered a malicious fire alarm if the alarm is
activated due to causes beyond the control of the owner.
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Approved by the Building Code Official and/or Fire Marshall
or their assistants.
A system containing automatic fire detecting device(s) which
actuates a fire alarm signal.
A device which automatically detects heat, smoke or other
products of combustion.
An engineered system using approved fire detectors and agents
or medium to detect automatically and suppress a fire through fixed
piping and nozzles.
A supervising station that is listed, such as Underwriters
Laboratories (UL) or Factory Mutual (FM) for central station service
and is approved by the Building Code Official and/or Fire Marshall.
A system or group of systems in which the operations of circuits
and devices at a protected property are signaled to, recorded in,
and supervised from a listed central station (such as UL or FM) having
competent and experienced operators who upon receipt of a signal,
take such action as required by NFPA 72, 1993 Edition, or as subsequently
amended. Related activities at the protected property such as equipment
installation, inspection, maintenance, and runner service are also
the responsibility of the central station or a fire alarm contractor.
Central station service is controlled and operated by a person, firm
or corporation whose business is the furnishing of such contracted
services or whose properties are the protected premises.
All volunteer fire departments and associated rescue services
in East Pennsboro Township.
A form for completion by a fire officer when responding to
an alarm. Where an alarm malfunction occurs, the fire alarm affidavit
of service/repair shall also be completed by a licensed fire alarm
company and by the owner/occupant.
A signal indicating an emergency requiring immediate action,
that is initiated by a manual fire alarm box, sprinkler water low
switch, automatic fire detector or other device whose activation is
indicative of the presence of a fire.
A functionally related group of devices that when either
automatically or manually activated will sound audio or visual warning
devices on or off the protected premises.
The Building Code Official, the Fire Marshall and their assistants.
A locked box mounted on the outside of the building containing
keys to the building and to which authorized fire officials have access.
This allows nondestructive access into the building.
Any fire alarm system not required by this Part or by the
BOCA building or fire codes.
A fire alarm system required by this Part or any BOCA building
or fire codes adopted in East Pennsboro Township.
An approved, listed assembly incorporating the detector,
control equipment and alarm sounding device in one unit installed
in accordance with § 920 of the BOCA National Building Code,
current adopted edition.
An approved, listed device which is intended to detect the
visible and invisible particles of combustion.
[Ord. 565-96, 11/6/1996, § 4]
1.
Additions or Alterations to or Rehabilitation of Structures. Enclosed
additions or interior alterations to, or major rehabilitation of,
any building shall require that existing fire alarm systems shall
conform to the requirements for new fire alarm systems as described
herein.
2.
Existing, Nonconforming Systems. Any fire alarm system installed
prior to the adoption of this Part shall be upgraded or improved to
provide a minimum level of protection as directed by a code official.
3.
Existing, Nonrequired Systems. All nonrequired fire alarm systems
shall provide a minimum level of protection as directed by a code
official. All nonrequired fire alarm systems shall be maintained and
remain in-service unless approval to discontinue the system(s) is
received in writing from the Building Code Official and/or Fire Marshall.
Any approved discontinued systems and related equipment shall be completely
removed from the structure so as not to give a false indication that
the building, area, or space is protected.
[Ord. 565-96, 11/6/1996, § 6]
1.
General.
A.
All fire alarm systems, devices, and service equipment installed
in or on any structure in East Pennsboro Township shall be maintained
in an operative condition at all times. It shall be unlawful for any
person(s) to reduce or interfere with the operational effectiveness
of a fire alarm system.
B.
This requirement shall not prohibit a licensed fire alarm company
technician from temporarily reducing or discontinuing the protection,
where necessary, to make tests, repairs, alterations, extension or
additions. Alterations, extension or additions to fire alarm systems
require written approval from a code official. The Building Code Official
and/or Fire Marshall and off-site central station services shall be
notified in writing, including facsimile, prior to disconnection and
interruption of protections, tests, repairs, alterations, extensions
or additions are started and upon completion of such work and shall
be advised of the extent of and reason for such work. The restoration
of the protection shall be accomplished within 24 hours in sleeping
occupancies and within 72 hours in all other occupancies.
2.
Maintenance.
A.
It shall be the duty of the building owner(s) to install, test, repair
and maintain: automatic fire detection devices (including smoke and
heat detectors); fire protective signaling systems; automatic fire
sprinkler systems; automatic fire suppression systems; central station
monitoring, when such systems and/or devices are required by East
Pennsboro Township ordinances.
B.
It shall be the duty of a tenant or lessee to maintain all required
fire alarm systems and/or related components noted above when so required
as part of a written lease agreement or a written maintenance agreement.
[Ord. 565-96, 11/6/1996, § 7]
1.
General. The Building Code Official, Fire Marshall and their assistants
shall enforce all of the provisions of this Part and shall act on
any questions relative to the manner of design, installation, testing,
repair, maintenance, materials, equipment, and devices or any related
issues pertaining to fire alarm systems, except as otherwise specifically
provided for by statutory requirements or by this Part. The Fire Marshall
is the authorized representative of the East Pennsboro Township Fire
Service in charge at the scene.
2.
Application and Permits. The Building Code Official shall receive
applications, plans, specifications, permit fees and issue permits
for the installation of, additions, extensions or alterations to fire
alarm systems. A code official shall inspect the premises for which
such permits have been issued and enforce compliance with the provisions
of this Part.
3.
Affidavits and Notice of Violations. The Fire Marshall or his assistants
in charge of any incident involving a fire alarm system shall be responsible
for executing the fire alarm affidavit form, and forwarding a copy
of all responses to automatic fire alarms to the Building Code Office.
Code officials shall issue all necessary notices or orders to correct
improper conditions with fire alarm systems to insure compliance with
all code requirements for the health, safety, and general welfare
of the public.
4.
Inspections. The Building Code Official, Fire Marshall or a code
official shall make all required inspections of premises to enforce
compliance with the provisions of this Part.
5.
Rule-Making Authority. The Building Code Official and/or Fire Marshall
shall have power as necessary in the interest of public health, safety,
and general welfare to adopt and promulgate rules and regulations
to interpret and implement the provisions of this Part as authorized
by the Board of Commissioners of East Pennsboro Township to secure
the intent thereof and to designate requirements applicable because
of local climatic or other conditions. Such rules shall not have the
effect of waiving structural or fire performance requirements specifically
provided for in the BOCA Building and fire codes or this Part.
6.
Department Records. The Building Code Office shall keep official
records of applications received, permits and approval certificates
issued, fees collected, reports of inspections, and notices and orders
issued, including affidavits issued and received.
7.
Quarterly Report. The Building Code Official shall submit a quarterly
report to the East Pennsboro Township Fire Board, regarding automatic
fire alarm responses and corrective actions taken by code officials
regarding noncompliant systems.
[Ord. 565-96, 11/6/1996, § 8]
1.
When Permit is Required. It shall be unlawful to alter or add to existing fire alarm systems or to install a fire alarm system or related components of a fire alarm system for which provisions are made or the installation of which is regulated by this Part, without first filing the appropriate application, paying the applicable fee, and submitting the required design information with the Building Code Office in writing and obtaining the required permit. Repairs, as defined by § 7-105 of this Part, which do not involve any violation of this Part, shall not require a permit.
2.
Form of Application. The application for a permit shall be submitted
in such form as the Building Code Official prescribes and shall be
accompanied by the required fee as prescribed by a resolution of the
East Pennsboro Township Board of Commissioners.
3.
By Whom Application is Made. Application for a permit shall be made
by an owner or an authorized agent of a fire alarm contractor properly
licensed by East Pennsboro Township to install, extend, repair, and
maintain fire alarm systems in East Pennsboro Township.
4.
Plans and Specifications.
A.
Residential. Plans and specifications are not required to be submitted
for one and two family dwellings; however, after the application for
a permit and fee are submitted, a preliminary inspection shall be
scheduled with a code official and the permit applicant for the purpose
of determining the locations of smoke detectors and related equipment
devices in the building prior to their installation.
B.
Commercial. The permit application, permit fee, and completed fire
alarm submittal guide for commercial fire alarm systems (including
multiple family dwellings), shall be submitted. Two copies of plans
shall be drawn to scale or clearly dimensioned, with sufficient clarity
and detail to show the nature and character of work to be performed.
When the quality of materials, equipment, or devices is essential
for conformity to this Part, specific information shall be given to
establish such quality. This Part shall not be cited, or the terms
"legal or approved" or its equivalent be used as a substitute for
specific information. A code official is permitted to waive the requirement
for filing plans when repair work of a minor nature is involved.
5.
Action on Application. A code official shall examine or cause to
be examined all applications and plans for permits within a reasonable
time after filing. If the application or plans and specifications
do not conform to the requirements of all pertinent laws, the code
official shall reject such application in writing, stating the reasons
therefore. If the code official is satisfied that the proposed work
conforms to the requirements of this Part and all laws applicable
thereto, the code official shall issue a fire alarm permit.
6.
Compliance with Code. The fire alarm permit shall be a license to
proceed with the work as approved by a code official and shall not
be construed as authority to violate, cancel or set aside any of the
provisions of this Part except as specifically stipulated by modification
approved in writing by a code official.
[Ord. 565-96, 11/6/1996, § 9; as amended by Ord.
757-2009, 7/1/2009]
1.
License Required to Install, Test, Inspect, Repair, and Maintain
Fire Alarm Systems. All individuals, partnerships, corporations, or
other entities engaged in the selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing any fire alarm
system, or causing to be sold, leased, maintained, serviced, repaired,
altered, extended, replaced, moved or installed any fire alarm system
in or on any building or structure shall obtain a valid fire alarm
contractor's license from the Building Code Office of East Pennsboro
Township.
A.
Exception 1. This does not include a person or firm who engages in
the manufacture or sale of an alarm system from a fixed location and
who neither visits the location where the alarm system is to be installed,
nor designs the plan for physical location and installation of the
alarm system in a specific location.
B.
Exception 2. Homeowners of one- or two-family dwellings who perform
their own installation of a low voltage fire alarm system which does
not transmit to a central station, or 110-volt fire alarm systems
within their dwelling unit, are exempt from the licensing requirements;
however, residential fire alarm permits and inspections are required
from East Pennsboro Township.
C.
Exception 3. Electrical contractors installing 110-volt smoke detection
systems in residential dwellings are exempt from the licensing requirements;
however, residential fire alarm permits and inspection are required
from East Pennsboro Township.
2.
License Fee. Any person making application for a fire alarm contractor
license shall pay an annual fee in an amount as established from time
to time by resolution of the Board of Commissioners. Fees shall be
effective from January 1 through the following December 31. Licensing
fees shall not be pro-rated throughout the year. Fees are not refundable
should the license be revoked.
3.
Qualifications of Fire Alarm Contractors. Any person(s) making application
for a fire alarm contractors license shall demonstrate to the Building
Code Official and Fire Marshall (A) a knowledge and proficiency of
fire alarm systems, devices and code standards which govern the application,
design, installation, testing, repair, maintenance and operation of
fire alarm systems, (B) and that they are a listed contractor by an
established and nationally recognized organization (such as UL or
FM) which approves the qualifications of fire alarm service contractors
for central station service. Upon successful demonstration of all
of the above and payment of applicable fees, a license shall be issued
by the Building Code Official.
4.
Township Right to Revoke License. The Building Code Official or Fire
Marshall shall have the right to revoke a fire alarm contractor's
license for cause. Cause for revocation shall include, but not be
limited to, selling and/or installing or maintaining fire alarm systems
or devices without obtaining permits and approvals/inspections as
required; installing unapproved materials or devices; repeated violations
of East Pennsboro Township Codes.
5.
Right to Appeal. Any person(s) having a license revoked or denied
by the Building Code Official or Fire Marshall shall have the right
to file an appeal to the East Pennsboro Township Board of Appeals.
Any appeal must be based on a claim that the Building Code Official
or Fire Marshall did not use factual information to show cause for
revoking or denying the fire alarm contractor's license.
[Ord. 565-96, 11/6/1996, § 10]
1.
When Required. All occupancies installing a fire alarm system, having
an electronic or radio connection to a central station, shall install
an approved lock box for the premises being protected.
2.
Grace Period for Existing Installations. Existing facilities with
a fire alarm system shall install a lock box within 12 months of the
date of adoption of this Part.
4.
Lock Box Supervision. All lock boxes shall be electrically supervised
and shall have the tamper switch connected to the fire alarm panel
to indicate a supervisory or trouble signal. The supervisory signal
shall report to the central station for owner/occupant notification
(not the East Pennsboro Township Police Department).
[Ord. 565-96, 11/6/1996, § 11]
1.
The responsibility for a fire alarm activation shall be that of the
owner/occupant for whom a fire alarm system is installed. A response
to an alarm activation shall result when any officer or member of
the East Pennsboro Township Fire Service shall be dispatched to the
premises where the alarm has been activated or learns of the activation
of the alarm system(s), by any means whatsoever, and responds thereto
by traveling to that premises. After responding to an alarm activation,
the Fire Marshall shall notify the responsible party regarding the
activation of the alarm system and such person shall thereupon travel
to the premises to ascertain the status thereof. Failure of the responsible
person(s) to appear at said premises within 30 minutes after being
notified to do so, shall constitute a violation. The Fire Marshall
shall serve the owner or authorized representative a fire alarm activation
report. In a no-response situation by the responsible party, the Fire
Marshall shall forward the report to the Building Code Office for
action.
2.
In the event of a fire alarm activation deemed by the Fire Marshall
to be the result of a fire alarm malfunction, the owner shall be served
a fire alarm activation report by the Fire Marshall indicating that
the activation was deemed to be the result of a fire alarm malfunction,
and requiring the owner to return a completed affidavit of service/repair
within 15 business days of said alarm activation which can verify
to the satisfaction of the Building Code Official and/or Fire Marshall
that the fire alarm system in question has actually been examined
by a licensed fire alarm service company and that a good faith attempt
has been made to identify and correct any defect of design, installation
or operation of the fire alarm system which was identifiable as the
cause of the fire alarm malfunction. Failure to return an affidavit
or service/repair within said fifteen-day period which is satisfactory
to the Building Code Office shall constitute a violation.
3.
Service of Fire Alarm Activation Report and Affidavit of Service/Repair.
Service of written notice of fire alarm activation report and affidavit
of service/repair shall be accomplished by delivering a copy in person
to the responsible party or any agent of the owner or responsible
party at the premises or by posting a copy in a conspicuous place
at the main entrance door.
[Ord. 565-96, 11/6/1996, § 12; as amended by Ord.
757-2009, 7/1/2009]
1.
Notice of Violation. Whenever a code official observes an apparent
or actual violation of a provision of this Part, the code official
shall prepare a written notice of violation describing the condition
which requires corrective action. The notice shall specify the violation
and time limitations for the required repairs or improvements to be
made to the fire alarm system. Failure to comply with the provisions
of the notice of violation shall subject the violator to the penalties
herein.
2.
Service of Notice. The written notice of violation of this Part shall
be served upon the owner, the occupant, an agent of the owner or occupant
or any other person responsible for the conditions under violation.
Such notice of violation shall be served either by certified mail
to the last known post office address, delivered in person, or by
delivering it to and leaving it in the possession of any person in
charge of or responding to the premises on behalf of the responsible
party. Posting a copy in a conspicuous place at the main entrance
door shall be deemed the equivalent of personal delivery.
3.
Nothing herein shall prevent the Building Code Official and/or Fire
Marshall from filing a civil complaint against a party without issuing
a notice of violation.
4.
Tampering With Systems. Any person(s) who tamper with or interfere
with the effectiveness of any fire alarm system or related component,
shall be in violation of this Part.
5.
Penalty for Violations.
A.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not 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. Each
day that a violation of this Part continues shall constitute a separate
offense. A false alarm shall not be a violation of this Part, but
the owner shall be responsible for paying a response fee in an amount
as established from time to time, by resolution of the Board of Commissioners.
No response fee shall be assessed for the first three false fire alarms
at the same premises responded to by the East Pennsboro Township Fire
Services during each calendar year. Thereafter, the following fees
shall be paid by the owner for each false fire alarm responded to
by the East Pennsboro Township Fire Service at the same premises during
the calendar year.
B.
Failure to pay any fee as prescribed herein shall constitute a violation.
6.
It shall be a violation of this Part for any central station monitoring
company or its employees to verify any fire alarm signal received
prior to dispatching the local fire company through county-wide communications.
A.
Exception. One- and two-family dwellings.
7.
Once an automatic fire alarm has been dispatched for response by
the East Pennsboro Township Fire Services, it shall be unlawful for
any person(s) to reset the alarm panel, until the authorization of
the Fire Marshall has been obtained.
8.
Fines Collected. All fines and fees collected under this Part shall
be deposited into the East Pennsboro Township General Fund.
[Ord. 565-96, 11/6/1996, § 13]
Should any fee assessed pursuant to this Part remain unpaid
in excess of 90 days from the date the charge is billed, the owner
shall also be responsible for any collection costs including attorneys
fees incurred by the Township of East Pennsboro.
Editor's Note: The following Memorandum of Understanding
replaces Res. 12-75, 9/15/1975, creating the "Fire Prevention Bureau
of East Pennsboro Township, Cumberland County, Pennsylvania."
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MISSION STATEMENT: The East Pennsboro Fire Department is dedicated
to the protection of life, property, and the environment for those
who live, work, visit, or invest in our community. Through a well-trained
and dedicated team of properly equipped volunteers, we pledge to deliver
the highest quality fire suppression, public fire education, rescue
and emergency response to all natural or man-made distress. This professional
commitment to service in the proud neighbor-helping-neighbor tradition
that is the basis of our community-based volunteer fire companies
is also put forth by promoting personal development within the department
and by promoting the retention and recruitment of active members,
while utilizing effective principles and practices of modern fire
and life safety technology in an accruable manner.
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MEMORANDUM OF UNDERSTANDING
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1.
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There are six volunteer fire companies (hereinafter referred
to as the "Companies"), located within East Pennsboro Township, Cumberland
County, Pennsylvania (hereinafter known as the "Township"), and which
provide fire protection to the Township. The names of said volunteer
fire companies are: Citizens, Creekside, Goodwill, Midway, Summerdale
and West Enola.
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2.
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A Fire Chief shall be appointed by the Board of Commissioners
of East Pennsboro Township (hereinafter referred to as the "Board:),
to oversee the East Pennsboro Township Fire Department (hereinafter
referred to as the "Department"). This appointment shall be made biannually
and will occur in January. This appointment shall be with the recommendation
of the Department, but the Board will have final approval.
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3.
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Additionally, the Board will appoint two assistant fire chiefs,
one in charge of fire prevention techniques, and one in charge of
training. These appointments will be made biannually in the month
of January and will be recommended by the Department. Final approval
will be made by the Board during the month of January.
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4.
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During January of each year, the Department will appoint a retention
and recruitment officer, as well as two safety officers.
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5.
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During January of each year, the Department will establish training
standards and will hold joint training sessions at least four times
per year. Failure of any company to participate in the aforementioned
training session may be adequate basis for the Board to withhold its
financial appropriation to any company.
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6.
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The Fire Chief shall be the coordinator and oversee all firefighting
efforts. However, the District Chief of the Company within the District
where the fire is located is primarily responsible for fighting and
suppressing the fire.
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7.
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The Department will continue to coordinate its various insurance
coverage(s), which may result in the reduction of costs and/or increase
in the amount of coverage.
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8.
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In the interest of coordinating fire equipment purchases and
eliminating the potential for the purchase of duplicative equipment,
each Fire Company shall appoint a representative to an East Pennsboro
Fire Department Equipment Committee to approve fire equipment purchases.
The Department shall notify the Board of all fire suppression and/or
rescue vehicle purchases and such purchases are subject to final approval
by the Board.
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9.
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The units purchased by the Board will be titled in the name
of East Pennsboro Township and will be the property of East Pennsboro
Township. Each unit will be assigned to the respective companies.
The Township shall be responsible for providing the maintenance, repairs,
and insurance on these units. Certificate of Insurance will be provided
to the Department. Each Fire Company Chief will coordinate any repairs
and/or maintenance needed on Township owned vehicle(s) through the
Fire Chief, who in turn will coordinate such work through the Township
Manager or Assistant Township Manager. The Board shall have the right
to make inspections of all units at their discretion.
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It shall be the responsibility of each Fire Company that has
been assigned Township owned fire apparatus to properly care and operate
said equipment, with neglect or abuse of said equipment subject to
forfeiture. All newly purchased Township-owned fire apparatus shall
be graphic and decaled uniformly as recommended by the Equipment Committee
and approved by the Board.
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It shall be the responsibility of each respective Fire Company
to comply with all township codes and ordinances with respect to real
estate owned by the company and/or leased to the fire company by the
Township.
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10.
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If the Board determines that certain companies are non-responsive
to the requirements for adequate fire protection, firefighting and
training, the Board may, within 30 days' written notice to the
respective companies, reassign any apparatus owned by the Township.
However, during said thirty-day period, any company may request an
opportunity to meet and discuss with the Board in order to evaluate
the relative positions of the Company and the Board.
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11.
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It shall be the responsibility of each respective Fire Company
to submit to the Board by March 31st of each year a year-to-date Incident
Participation Report for the previous year's activities.
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12.
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Before any new applicant shall become a member/volunteer of
any Fire Company, it shall be the responsibility of each Fire Company
to contact the Fire Chief, who will coordinate with the Chief of Police
who will conduct a background check on each applicant.
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13.
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The Department and the Board shall hold a meet and discuss at
least once annually, or additional times as the Board and/or Department
might deem necessary, with the chief and presidents of all six fire
companies.
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14.
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The Department and Board are both committed to the continuation
of recruitment and incentive programs for the volunteer firefighters.
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15.
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Each Fire Company shall provide the Board by December 31st of
each year a proposed budget for the upcoming year. Also, by March
31st of each year, each company shall submit to the Board a true and
accurate report of the previous year's actual revenue and expenditures.
Said revenue and expenditure report and budget shall be in a standardized
form. At its discretion, the Board may conduct an independent audit
of any Fire Company at any time at the Township's expense by
a Township-appointed auditor. Each Fire Company shall bond [the appropriate
officers] all officials with fiduciary responsibility.
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Each Fire Company shall receive its annual contribution from
the Township in quarterly installments.
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16.
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Each Fire Company shall have representation and attendance at
all monthly Fire Board meetings and all quarterly meetings of the
Firemen's Relief Association. A representative from the Fire
Police, the EMS, the Police Department, and a Codes Officer shall
attend the regular monthly Department meeting.
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17.
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It shall be the right of the Board of Commissioners to withhold
the Township's contributions to the individual companies for
any violations of this Memorandum of Understanding. Once the Board
of Commissioners determines that a Company is in violation(s) of the
Memorandum of Understanding, the Company will have 30 days from written
notification to correct any and all deficiencies. If after 30 days
the Company does not make the necessary corrections to such violation(s),
the Board of Commissioners will withhold 1/52 per week of their yearly
allocation until compliance is made from a Company for noncompliance
of the Memorandum of Understanding will be deposited into the East
Pennsboro Township Fire Department Equipment Fund.
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18.
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The Board may, upon 30 days' written notice, terminate
this Memorandum of Understanding and declare same null and void. However,
during said thirty-day period, any Company may request an opportunity
to meet and discuss with the Board in order to evaluate the relative
positions of the Company and the Board.
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19.
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This Memorandum of Understanding is binding upon the parties
hereto, their successors and assigns.
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