[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mutual aid — See Ch. 27, Art. IV.
[Adopted 4-6-2009 by Res. No. 555]
The purpose and objective of this article is to reconfirm Upper Pottsgrove Township Fire Company No. 1 as the duly reconfirmed volunteer fire company for Upper Pottsgrove Township and to designate those duties and activities which the Township shall authorize either by approval under formal governing procedures or by approval following application by the fire company to the municipality for written approval, in accordance with the terms hereof. These duties and activities are as follows:
A. 
The volunteer fire company reconfirmed by Upper Pottsgrove Township is authorized to actively engage in firefighting within the boundaries of the Township.
B. 
A volunteer firefighter may engage only in those acts which are reconfirmed as fire-fighting activities. Such acts are limited to the following activities of a firefighter while actually engaged as a firefighter:
(1) 
The firefighter's act of going to or returning from any fire which the fire company of which he/she is a member shall have attended;
(2) 
The firefighter's participation in fire-fighting instruction and fire drills which the fire company of which he/she is a member shall have attended;
(3) 
The firefighter's participation in repair and/or other work on fire apparatus, buildings and grounds of the fire company or fire department, which work is specifically authorized by the Chief of the fire company or fire department; and
(4) 
The firefighter's performance in responding to any emergency call for any purpose or while riding upon the fire apparatus owned or used by the fire company of which he/she is a member.
This designation may be modified from time to time by future resolution of Upper Pottsgrove Township.
[Adopted 12-17-2018 by Ord. No. 502]
The purpose and intent of the Board of Commissioners of Upper Pottsgrove Township by enactment of this article, pursuant to the authority granted in Section 66553 of the First Class Township Code, as amended, is to permit the Township to designate, by resolution, the primary fire service provider within Upper Pottsgrove Township (hereinafter referred to as "Fire Company") and to authorize the official dues-paying members of the Fire Company to perform certain extended duties and to clarify that such duties are intended for workers' compensation coverage.
A. 
The volunteer firefighters and the fire police serving with the Fire Company under the direction and command of their respective superior officers are hereby granted authority to, in addition to normal firefighting, rescue and emergency medical duties and activities, participate in county-wide and state-wide mutual aid, firemen's training schools, parades, meetings, and other 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 enabling legislation adopted by the Commonwealth of Pennsylvania.
B. 
Authorization is also hereby granted for the Fire Company, 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.
C. 
In addition, as permitted by state law, authorization is hereby granted for the Fire Company, their volunteer firefighters and fire police to participate in public programs to promote health and safety, to enlist new members, solicit community support or conduct fundraising activities, sanctioned by the Fire Company, as long as no compensation is being paid to the member while engaged in the fundraising activity, and 100% of the activities' proceeds go to the Fire Company.
D. 
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. Further, such authorization shall not extend to any firefighter or fire police who 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 substances as defined by those statutes or while engaged in any other activity constituting a violation of the statute of the Commonwealth of Pennsylvania. It is the intent of the Board of Commissioners that the firefighters or fire police engaging in such activities shall be specifically excluded and precluded from any grant of authorization or coverage under the Workers' Compensation Act, 77 P.S. § 1 et seq.
E. 
All of the above authorizations shall be considered to be the specific directive of the Board of Commissioners with regard to the activities and conduct of volunteer fire members of the Fire Company and fire police when acting under the supervision and direction of superior officers and shall include travel directly to and from such duties in regard to which those individuals shall be properly covered by Township workers' compensation benefits. In addition, the Upper Pottsgrove Township Board of Commissioners hereby vests the Township Manager with discretion to extend workers' compensation benefits to members of the Fire Company pursuant to Section 601 of the Workers' Compensation Act 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. However, the Board of Commissioners hereby reserves the right 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 Commissioners from time to time.
A. 
Appropriations may be made by the Board of Commissioners to any fire or emergency service provider as the Board of Commissioners may see fit.
B. 
At the discretion of the Board of Commissioners, any fire or emergency service provider, regardless of how designated in this article, receiving funding from the Township shall enter into a written agreement with the Township.
C. 
Failure to provide any required reporting and documentation or failure to otherwise comply with the Board of Commissioners may result in the Township exercising its unilateral right to discontinue funding.
The Board of Commissioners hereby reserves the right and entitlement to revise, modify or adjust any designation or authorization by future action of Upper Pottsgrove Township.
If any sentence, clause, section or other part of this article is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any remaining provisions, sentences, clauses, sections or other parts of this article. It is hereby declared as the intent of the Board of Commissioners of Upper Pottsgrove Township that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
All resolutions and ordinances inconsistent with this article are hereby repealed.