[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 1, Part 6A, of the 1995 Code of Ordinances]
The Oakdale Volunteer Fire Department is hereby given all power, so far as the Borough of Oakdale 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 said Volunteer Fire Company, including, but not limited to, individual members of said Volunteer Fire Department who have not yet reached the age of majority, or 18 years. Neither the grant of the aforesaid power nor the recognition set forth in Article II of this chapter of the Code of the Borough of Oakdale shall be construed as constituting the Oakdale Volunteer Fire Department as an agent, department, or employee of the Borough of Oakdale except insofar as such effect is provided under the provisions of the Act of June 2, 1915, P.L. 736, No. 338, as amended, 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]
By virtue of the aforesaid terms and conditions of Article II, minor volunteer firefighters, or individual firefighters who have not yet reached the age of majority, or 18 years of age, are eligible for benefits under the terms of the Pennsylvania Workers Compensation Act, as aforesaid, if injured while actively engaged as firefighters or while going to or returning from a fire scene, as that term has been defined in Ordinance No. 344 [Chapter 7, Part 1],[1] earlier approved and enacted by the Council of the Borough
of Oakdale.
[1]
Editor's Note: Ordinance No. 344, pertaining to fire scenes,
was repealed 8-8-1995 by Ord. No. 487, and Ch. 7, Fire Prevention
and Fire Protection, Part I, of the 1995 Code of Ordinances was removed
and reserved.
The broad powers granted to the Oakdale Volunteer Fire Department as set forth herein as well as in Article II of this chapter and Ordinance No. 344 [Chapter 7, Part 1] of the Borough of Oakdale as aforesaid[1] include, but are not limited to, proper regulation, maintenance
and control of the Oakdale Volunteer Fire Department, maintaining
and controlling all aspects of firefighting activities, traffic control,
education and training relative to firefighting activities and periodic
certification as required by governmental agencies, as well as events
or activities directed toward increasing finances or raising funds
for charitable purposes or any other valid purpose as recognized and
authorized by the Borough of Oakdale.
[1]
Editor's Note: Ordinance No. 344, pertaining to fire scenes,
was repealed 8-8-1995 by Ord. No. 487, and Ch. 7, Fire Prevention
and Fire Protection, Part I, of the 1995 Code of Ordinances was removed
and reserved.
Any minor volunteer firefighters, or individual firefighters
who have not yet attained the age of majority, or 18 years of age,
are likewise authorized to engage in fund-raising activities for charitable
purposes or any other valid public purposes as authorized by the Borough
of Oakdale and, further, shall during the course of any such activities
be fully entitled to all benefits and protections afforded any other
members of the Oakdale Volunteer Fire Department.
[Adopted as Ch. 1, Part 6B, of the 1995 Code of Ordinances]
A.Â
The following association is hereby recognized as actively engaged
in providing fire protection and/or emergency services in the Borough
of Oakdale:
Oakdale Volunteer Fire Relief Association.
B.Â
The above-named Association has been formed 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.
C.Â
The above-named Association of the Borough is designated the 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.
The Borough Council 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 Borough.
Such certification shall be on forms prescribed by the Auditor General.
There is annually appropriated from the Borough Treasury all
such sums of money that may hereafter be paid into the Borough 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, Section 701 et seq., as
hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.[1] Such monies received by the Borough 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.
[1]
Editor's Note: See 53 P.S. § 895.701 et seq.
