Purpose. The purpose of this ordinance is to recognize the Alpha
Fire Company as the official fire company of the Borough of State
College, to state additional activities of the firefighters for worker's
compensation purposes, to define the duties of certain officers, and
to adopt the Joint Articles of Agreement for Fire, Rescue, and Related
Services, dated 8/27/2007.
Based on the foregoing, and within the agreement provisions
of the Intergovernmental Cooperation Law (53 P.S. § 481
et seq.) as amended,[1] the Borough Council of the Borough of State College hereby
enacts and ordains the following:
[Ord. 1489]
The Alpha Fire Company of State College, PA (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 Borough of State College.
[Ord. 1489]
a.
The company is authorized to provide fire, rescue, and related services
to the Borough of State College 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.
b.
The Company may also conduct and participate in such training activities
either within or outside of the Borough of State College, 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.
c.
The Company may also respond to calls and provide services to jurisdictions
outside of this Municipality.
d.
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.
e.
The Company may also participate in other activities as may be approved
by the Centre Region COG.
[Ord. 1489]
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. 1489]
a.
The Company shall select a Fire Chief and Assistants, in accordance
with its By-Laws. 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 the Borough of State College. The Fire Chief
shall be invested in powers under authority granted by the Borough
of State College, 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 the Borough of State
College shall be coordinated with the Centre Region COG.
b.
The term Fire Chief as used in this Ordinance and the Articles of
Agreement adopted by this Ordinance 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.
c.
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 re-enter until authorized to do so by the
Fire Chief or Fire Director.
d.
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.
e.
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.
f.
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.
g.
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. 1489]
a.
In accordance with the Joint Articles of Agreement for the Fire,
Rescue, and Related Services Program the Council of the Borough of
State College 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 the Borough
of State College, 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.
b.
The Fire Marshal shall investigate or cause to be investigated every
fire or explosion occurring within the Borough of State College 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. 1489]
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. 1489]
a.
In accordance with the Special Fire Police Act,[1] the Council of the Borough of State College 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.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7431 et seq.
b.
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.
c.
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. 1489]
Unless otherwise provided in this ordinance or by the Borough
of State College, 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. 1489]
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 Ordinance 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. 1489]
This Ordinance 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 August 27, 2007, are hereby referred to, adopted,
and made a part hereof, as if fully set out in this ordinance.
