[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester 5-24-2018 by Ord. No. 18-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire companies — See Ch. 19.
Alarm systems — See Ch. 45.
Outdoor burning — See Ch. 63.
[1]
Editor’s Note: This ordinance also provided for the
repeal of former Ch. 20, Fire Department, adopted 4-23-1992 by Ord.
No. 92-04.
A.
This chapter is adopted pursuant to the powers granted to West Manchester
Township to provide protection within the Township by Section 1801
of the Second Class Township Code, 53 P.S. § 66801 et seq.
B.
The purpose of this chapter is to provide for efficient and effective
fire protection to the residents of West Manchester Township by adopting
rules and regulations for the government of fire companies which are
located within the Township and the officers and members of those
fire companies.
C.
This chapter hereby establishes and reestablishes an administrative
agency of the Township to be known as the "West Manchester Township
Fire Department," which shall have full authority and responsibility
for the operation and administration of all fire companies, except
as otherwise provided herein, located within West Manchester Township.
D.
The West Manchester Township Fire Department shall also have full
authority and responsibility for the operation and administration
of all fire police services within the confines of West Manchester
Township.
The following words, terms and phrases shall have ascribed to
them the meanings herein set forth, unless the use of such word or
phrase in context clearly indicates a different meaning:
The Board of Supervisors of West Manchester Township, York
County, Pennsylvania.
The West Manchester Township Fire Department.
Those members of the fire companies who are trained and certified
to perform emergency response services. "ERP" shall also include all
duly appointed fire police of the Township.
Include, but are not limited to, the control, suppression
and extinguishment of fires; search and rescue for persons necessitated
by man-made or natural disasters or accidents; the isolation and containment
of hazardous materials and substances; rendering assistance to other
emergency service providers; and generally, to provide for the protection
and safety of persons and property within the Township.
Lincolnway Fire Company No. 1 and Shiloh Fire Company.
Those members of the fire companies who are not trained and
certified to perform emergency response services.
The supervision, administration and control of all Emergency
response services, training exercises, and public education events,
and the discipline of emergency response members. Operational control
shall also include the organization of fire companies in relation
to emergency response services.
The Township of West Manchester, York County, Pennsylvania.
The person duly appointed to that position by the Board of
Supervisors.
The Township of West Manchester hereby recognizes Lincolnway
Fire Company No. 1 and Shiloh Fire Company as the volunteer fire companies
of West Manchester Township constituting the West Manchester Township
Fire Department. The fire companies shall at all times be under the
operational control of the Township Fire Chief. The governance of
the individual fire companies by the Township Fire Chief will not
usurp or otherwise affect the conduct of the volunteer fire companies
as presently exercised by their duly elected officers, except as herein
otherwise provided.
The Board of Supervisors of West Manchester Township shall have
full power and authority to adopt all rules and regulations necessary
for the management, control and operation of the West Manchester Township
Fire Department. The authority of the Township Fire Chief will be
exercised administratively and operationally as prescribed in the
rules and regulations for the management, control and operation of
the West Manchester Township Fire Department as adopted pursuant to
the provisions of this chapter.
Lincolnway Fire Company No. 1 and Shiloh Fire Company, hereafter
referred to jointly as the "West Manchester Township Fire Department,"
are hereby given all power, so far as West Manchester Township has
power to grant the same, to enact such rules and regulations for the
management and government of individual members thereof as shall be
necessary for the proper maintenance and control of volunteer fire
companies. Neither the grant of the aforesaid power nor the recognition
set forth in this chapter shall be construed as constituting Lincolnway
Fire Company No. 1 or Shiloh Fire Company or any member thereof as
an agent, department or employee of the Township except insofar as
such effect is provided under the provisions of the Act of June 2,
1915, P.L. 736, No. 338, known as "The Pennsylvania Workers'
Compensation Act,"[1] or the Act of November 26, 1978, P.L. 1399, No. 330, known
as the "Political Subdivision Tort Claims Act."[2]
A.
Establishment. The West Manchester Township Fire Department is hereby
established and reestablished as an administrative agency of the Township
with direct responsibility for providing the following specified emergency
response and support services in and for the Township and its residents:
(1)
Emergency response services.
(2)
Coordination with and providing assistance to federal, state, county
and local emergency management agencies.
(3)
Nonemergency public services to or for the use of persons and property
within the Township.
(4)
Participation in training activities and drills, whether inside or
outside of the Township, as may be deemed necessary or desirable for
maintaining proficiency in providing fire protection and emergency
medical services.
(5)
Response to or for any municipality which has entered into a mutual
aid agreement with the Township. Response to emergency calls outside
the boundaries of the Township but within a reasonable service area
of the fire company responding.
(6)
Providing such other services not inconsistent with the mission of
the Department which the Board of Supervisors or the Township Manager
may from time to time direct.
B.
Organization of Department. The Department shall be composed of the
following designated entities and persons with the powers, duties
and responsibilities specified or assigned to them in subsequent sections
of this chapter:
(1)
Fire companies: Lincolnway Fire Company No. 1 and the Shiloh Fire
Company as the officially recognized volunteer fire companies in and
for the Township.
(2)
Office of the Fire Chief: the Township Fire Chief, Deputy Fire Chief,
Assistant Fire Chief and such operational staffing as the Board of
Supervisors shall from time to time approve.
(3)
Emergency response personnel: persons volunteering their services
to the Township through the fire companies or otherwise.
C.
Organizational structure. The Fire Chief, with the approval of the
Board of Supervisors, shall establish an organizational structure
for the Department and the emergency response personnel under his/her
direction and control. The organizational structure shall include
an organizational chart which:
(1)
Designates a rank and title for each classification of emergency
response personnel.
(2)
Indicates the certifications, qualifications, education, training
and/or experience required to attain such rank or title.
(3)
Represents the authority, duties and responsibilities of each rank
or title.
(4)
Indicates the number of positions proposed for each rank or title.
A.
Office of Township Fire Chief. The Fire Chief of the Township shall
be an individual appointed to that position by the Board of Supervisors.
The Fire Chief shall be the chief administrative and operational officer
of the Department and subordinate only to the Township Manager to
which he or she shall report. The authority, duties and responsibilities
of the Fire Chief shall include, but shall not be limited to:
(1)
The training, supervision, direction and control of emergency response personnel while engaged in the performance of any services and activities as specified in § 20-6A of this chapter or reasonably incidental thereto.
(2)
The appointment of operational officers which will then be confirmed
by the Township Manager and approved by the Board of Supervisors of
West Manchester Township.
(3)
Assistance in the recruitment of emergency response personnel and
the development and implementation of programs for securing and maintaining
volunteer participation.
(4)
The promulgation of rules and regulations for the administration
and operation of the Department, which shall include standards and
policies regarding the conduct of all emergency response personnel.
(5)
The preparation of an annual operating budget for the Department,
including capital expenditures for building, apparatus and equipment
proposed for the succeeding year. For this purpose, the Fire Chief
shall have full and complete access to the financial statements and
records of the fire companies.
(6)
The preparation of long-range capital budgets and plans with annual
updates.
(7)
The supervision, direction and control of all moneys expended by
the Department and the fire companies for emergency response services.
(8)
Preparation of an emergency service plan for the Township.
(9)
Maintain liaison between the Township and the fire companies.
(10)
Such other duties and responsibilities as shall be assigned, from
time to time, by the Township Manager.
The Township Fire Chief shall appoint officers from the emergency
response personnel to those positions deemed necessary, from time
to time, providing they meet the minimum qualifications as set forth
in the operational guidelines of the Department. Those positions and
terms to which emergency response personnel may be appointed are:
All members of the respective fire companies may elect from
their numbers (both ERP and nonemergency response members) such executive
officers as may be provided by the bylaws of the respective fire companies.
The executive officers so elected shall have no power to adopt any
policy or to take any action that conflicts with the powers, duties
and responsibilities of the Department or the Fire Chief as established
by this chapter.
A.
Qualifications. No person shall be qualified as an emergency response
personnel for the performance of emergency response services unless
such person shall have first obtained current certification(s) established
by state/federal law or by the Fire Chief for the performance of the
duties and responsibilities of the position occupied.
B.
Education and training. All persons qualified as emergency response
personnel for the performance of emergency response services shall
obtain and maintain such level of education and continuing education,
and such level of training and continuing training as required by
statute, regulations or as the Fire Chief shall, from time to time,
prescribe. Any person who fails to obtain or maintain such education
or training shall be removed from his or her position as an emergency
response personnel.
A.
Operating budget. Each year, on the date specified by the Township
Manager, the Fire Chief shall prepare an annual operating budget for
the emergency response services for the fire companies and for the
Department for the succeeding calendar year, which shall include,
but shall not be limited to:
(1)
The source and amount of all revenues anticipated to be available
to the Department during the fiscal year, including, but not limited
to:
(a)
Any unexpected balances from preceding years.
(b)
All revenue earned by the fire companies and the Department.
(c)
All revenues donated to the fire companies and the Department.
(d)
The amount requested for appropriation by the Township.
(e)
Any amounts proposed to be borrowed by the fire companies.
(2)
The purpose and amount of all expenditures anticipated to be made
by the fire companies and the Department during the fiscal year, including,
but not limited to:
(a)
General operating costs of the fire companies and the Department,
including administration expenses, wages and salaries, fuel, utilities
and the purchase of materials and supplies.
(b)
Maintenance and repair costs for land, buildings and equipment.
(c)
Debt service on borrowed funds.
(d)
Proposed capital expenditures for the acquisition or renovation
of land, buildings or equipment.
(e)
Transfers to reserve accounts for future capital expenditures
as projected in the Department's long-range plan.
B.
Financial records. The fire companies shall establish and maintain
in effect a financial records system which will enable the Treasurer
of each organization at any time to internally produce a statement
which fairly and accurately shows the financial condition of the organization
as of the date produced. Such financial statement shall be prepared
and published for each regular meeting of the fire companies, and
copies of such statements shall be distributed to the Fire Chief.
Each of the fire companies shall annually submit its financial records
for the preceding fiscal year to the Township Board of Supervisors.
The fire companies must cooperate with any Township audit or must
conduct their own audit. In addition, the fire companies shall keep
their records in compliance with generally accepted accounting principles.
C.
Long-range capital expenditure budget. In connection with the Fire
Service Plan, the Fire Chief shall prepare a long-range capital expenditure
budget based on the plan that will document the following:
(1)
The timing for the acquisition and estimated cost of capital emergency
service equipment proposed to be added to or required for replacement
of existing equipment or rehabilitation of the same.
(2)
The timing for and estimated cost of capital improvements or additions
to or acquisitions of land, buildings or parts of buildings and necessary
fixtures for the housing of equipment and accommodation of personnel.
(3)
Annual depreciation or reserves required to fund the long-range capital
expenditure budget, which shall be integrated into the Department's
annual operating budget.
The Fire Chief shall prepare a plan addressing the existing
and future fire service needs of the Township. Such plan shall include
projected needs for a period of not less than five years and shall
propose an implementation schedule. The plan shall be updated at intervals
not exceeding 10 years.
All equipment purchased by the Township for either fire company
shall remain the property of West Manchester Township. None of the
fire apparatus or equipment constituting real or personal property
of the Township shall be permanently removed from the Township without
prior written consent of the Board of Supervisors.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of West Manchester Township that this chapter
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
