[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 12-9-2013 by Ord. No. 511; amended in its entirety 8-15-2022 by Ord. No. 571. Subsequent amendments noted where applicable.]
In accordance with Sections 1801 and 1803 of the Pennsylvania
Second Class Township Code,[1] the purpose of Chapter 9 is to establish fire protection in Tobyhanna Township; ensure basic oversight, control measures, procedures and regulations governing conditions which could impede or interfere with effective fire services in the Township; and to authorize and permit activities for volunteer firefighter personnel for workers' compensation purposes. Notwithstanding anything contained in this chapter to the contrary, neither the recognition of the fire companies nor the authorization or permission herein granted to the fire companies shall be construed as constituting the fire company as an agent, agency, department or employee of Tobyhanna Township, except insofar as such effect is provided under the provisions of the Pennsylvania Workers' Compensation Act,[2] or the Pennsylvania Political Subdivision Tort Claims
Act.[3]
As used in this chapter, the following terms shall have the
meanings indicated below:
An outlay of funds to acquire fixed assets or additions to
them, when an example of fixed assets may be major road and highway
repairs; road rebuilding projects; parking lot construction; sidewalk
and pedestrian paths; stormwater drainage and storm management facilities;
construction of public buildings and similar permanent structures;
major building improvement and infrastructure systems in public buildings;
the purchase of public land; the purchase of major equipment; engineering
or architectural studies and services related to a public improvement;
and all outlays financed by long-term debt. In Tobyhanna Township
a capital expenditure typically is an item that costs in excess of
$4,000 and has a useful life of multiple years.
A group of appointed officials organized on a temporary basis by the Board of Supervisors for the general purposes of appropriately overseeing and coordinating the management of a fire company recognized in Chapter 9 that has failed to comply with the requirements of Chapter 9 and has been found by the Board of Supervisors to be delinquent and unable to provide adequate fire protection services to the Township. Specific tasks and duties of the Fire Board are established by resolution of the Board of Supervisors, which may include but may not be limited to providing for the improvement, advancement, and development of the fire services within a delinquent fire company and/or establishing funding priorities and mechanisms and doing any and all necessary business for the delinquent fire company to provide adequate fire service in the Township.
Any organized fire company which responds in Tobyhanna Township
for the purpose of extinguishment of a fire or other emergency involving
protection of life and/or property or when its assistance has been
requested by the officer in charge of the incident.
Any motor vehicle controlled by a volunteer fire company,
the principal purposes of said vehicle being the fighting of fires
or supplying of related services including emergency services. Essential
fire company vehicles include those such as a Class A pumper, rescue
vehicle, tanker, ladder truck as well as brush, utility, command,
traffic and multipurpose vehicles. All other vehicles are nonessential
in nature. Vehicles shall be listed on the inventory provided to the
Board of Supervisors as discussed herein.
A Pennsylvania special fire police officer is a member of
a volunteer fire company empowered by the municipality to handle emergency
situations throughout the Commonwealth of Pennsylvania.
A youth development program run by the fire department. The
objective of such a program is to provide training for young men and
women interested in serving their community and preparing to become
active firefighters upon reaching the age of 18. Pennsylvania Child
Labor Laws define what minors under the age of 18 may and may not
participate in.
A formal or informal agreement by two or more fire companies
to agree to cooperatively provide upon request such aid, fire protection
and suppression personnel and to make available such equipment or
facilities as may be needed for the suppression of fires or the duties
and responsibilities associated with saving lives and property within
the jurisdictional areas of the requesting department; provided that
the personnel, equipment or facilities requested are not otherwise
required within a fire company's jurisdiction.
National Fire Protection Association.
The officer in charge of the fire company or designee in
whose district the emergency occurs or, in his absence, the next ranking
officer following the chain of command established by the rules of
the fire company in whose district the emergency occurs.
A fire company organized, recognized and existing under the
laws of the Commonwealth of Pennsylvania and authorized to act within
Tobyhanna Township.
An active member, including probationary members, of a volunteer
fire company who is a member in good standing of said volunteer fire
company.
The Tobyhanna Township Volunteer Fire Company and the Pocono
Summit Volunteer Fire Company (hereafter "fire companies") organized
and existing in the Township of Tobyhanna, Monroe County, Pennsylvania,
are hereby designated as the officially recognized fire companies
for the Township.
Volunteer firefighters in Tobyhanna Township, including fire police, junior firefighters, and any paid firefighter who performs the services of a volunteer firefighter during off-duty hours, are deemed to be Tobyhanna Township employees only when actively engaged in authorized duties as firefighters; or while going to or returning from a fire emergency call which the fire company attended, including travel from and the direct return to a firefighter's home, place of business or other place when he/she shall have been when a call or alarm was received. The authorized duties and activities listed in Chapter 9, § 9-4, are the sole duties and activities authorized by the Board of Supervisors of Tobyhanna Township to be performed by volunteer fire companies or their members. Any other activities performed by volunteer fire companies, or their members, shall be deemed as outside of the scope of the office or duties of volunteer fire companies and undertaken at the sole risk of the company and individual members, unless authorized, in writing, by the Board of Supervisors. Authorized duties and activities are as follows:
A.
The
fire company is hereby authorized to provide such services to the
Township as may be necessary for the protection of property and persons
situated therein, which include, by way of example and not of limitation,
the extinguishment and prevention of loss of life and property from
fire, motor vehicle accidents, medical emergencies, hazardous materials
incidents and other dangerous situations.
B.
The
fire company is permitted to provide nonemergency and public service
functions to the Township, such as, by way of example and not of limitation,
removing water from property after storms and assisting in the removal,
abatement and prevention of damage or injury to persons or property,
whether through natural causes or man-made situations.
C.
The
fire company is permitted to conduct and participate in such training
activities and drills, either within or outside of the Township, as
may be deemed necessary by the officer of the fire company to maintain
proficiency in providing services.
D.
The
fire company is generally permitted to respond to calls and provide
services to municipalities outside of the Township with which it maintains
mutual response agreements.
E.
The
fire company is permitted to engage in inspections and tours of private
property, when invited, for fire prevention, planning and training
purposes, preplanning, public education programs, testing of fire
protection equipment or systems, open houses, and other fire prevention
activities, when authorized by the officer in charge or his/her designee.
F.
The
fire company may conduct scheduled special work details at fire stations
related to maintenance activities and recruitment programs.
G.
Engage
in fund-raising activities for the fire company when authorized by
an officer or officers of the fire company and attend parades and
similar civic activities when authorized by the Board of Supervisors.
H.
The
fire company may not enter into any agreement with municipalities
or fire companies, other than mutual aid contracts, located outside
of the jurisdictional limits of Tobyhanna Township without written
permission from the Tobyhanna Township Board of Supervisors.
I.
Junior
fire members may participate in all aspects of fire suppression training
except interior live fire extinguishment, rescue training, water supply
training, safety training, wildland firefighting and wilderness search
and rescue training. Training activities involving entry into a hazardous
atmosphere are excluded from the permitted activities. Volunteer fire
companies may regulate the junior firefighting program of their department
but must adhere to all Pennsylvania labor laws.
In addition to actually participating in the activities of the fire companies as authorized in § 9-4 above, the members of the fire companies are also authorized by the Township to do all necessary activities as set by the officer in charge of the department or the Board of Supervisors.
A.
Interference
with volunteer fire company operations. In accordance with Pennsylvania
Title 18 and this chapter, it shall be unlawful to interfere with,
attempt to interfere with, conspire to interfere with, obstruct or
restrict the mobility of, or block the path of travel of any volunteer
fire company emergency vehicle in any way or to interfere with, attempt
to interfere with, conspire to interfere with, obstruct or hamper
any volunteer fire company operation.
B.
Compliance
with orders. A person shall not willfully fail or refuse to comply
with any lawful order or direction of the officer in charge or designee
to interfere with the compliance attempts of another individual.
C.
Vehicles
crossing fire hose. A vehicle shall not be driven or propelled over
any unprotected fire hose of a fire company when laid down on any
street, alleyway, private drive or any other vehicular roadway without
the consent of the officer in charge or designee of said operation.
D.
Unlawful
boarding or tampering with fire company emergency equipment. A person
shall not, without proper authorization from the officer in charge
or designee of said fire company emergency equipment, cling to, attach
himself to, climb upon or into, board or swing upon any fire company
emergency vehicle, whether the same is in motion or at rest, sound
the siren, horn, bell or other sound-producing device thereon or manipulate
or tamper with or attempt to manipulate or tamper with any levers,
valves, switches, starting device, brakes, pumps or any equipment
or protective clothing on or a part of any fire company emergency
vehicle.
A.
All
tax revenue appropriations made by Tobyhanna Township to or for the
use of the fire company, whether of money or property, and all equipment
purchased by the fire company by use of such appropriations or purchased
by Tobyhanna Township for use by the fire company, shall be deemed
to be and shall continue to be the property of Tobyhanna Township.
It is recognized that Pocono Summit Volunteer Fire Company owns certain
vehicles, as per a listing provided to the Township, that are exempt
from this section.
B.
None of the fire apparatus or capital equipment owned by the fire companies or by Tobyhanna Township shall be permanently removed or sold without the consent of the Board of Supervisors of Tobyhanna Township; and, except for the conduct of activities authorized or permitted in § 9-4, none of the firefighting apparatus or equipment shall be temporarily removed from the Township without the prior approval of the Board of Supervisors.
C.
No
capital expenditures over $10,000 shall be made by the fire companies,
which shall require its borrowing of money or the pledge of Township
credit without the prior written submission and consent of the Board
of Supervisors.
D.
On
or prior to September 1, each year the fire companies shall submit
to the Board of Supervisors of Tobyhanna Township their proposed budgets
of revenues and expenses for the forthcoming fiscal year for review
by the Board of Supervisors.
E.
All
fire companies shall submit a complete list of fire vehicles each
year no later than 10 days' prior to the reorganizational meeting
in January.
The official fire protection companies recognized by this chapter
of the Tobyhanna Township Board of Supervisors shall provide Tobyhanna
Township with an annual report of the use of the appropriated moneys
from the Township for each completed year, including but not limited
to an annual financial report (financial statement) and budget before
any further payments are made to the fire companies for the current
year. Once every three years, the official fire protection companies
recognized by this chapter of the Tobyhanna Township Board of Supervisors
shall provide the Township of Tobyhanna with audited financial statements.
The audited financial statements shall be provided annually to the
Township.
A.
Required
financial reporting and Township appropriations. In accordance with
Section 1803 of the Pennsylvania Second Class Township Code[1] and as required herein, all fire companies recognized in § 9-3 shall biannually submit to the Board of Supervisors a report of use of appropriated moneys for each completed year of operation before any further payments are made to the fire company for the current year in such sum(s) that in the opinion of said Board of Supervisors may be necessary in support of fire company facilities and training in accordance with Section 1803(a) of the Pennsylvania Second Class Township Code.
[1]
Editor's Note: See 53 P.S. § 66803.
B.
Disbursements.
Appropriated funds derived from local taxes levied in accordance with
Section 1803(a) of the Pennsylvania Second Class Township Code and
appropriated to the Fire Tax Fund shall be disbursed by the Board
of Supervisors to a fire company employing either of two methods:
(1)
Requests for funds to be paid to vendors shall be made to the Board
of Supervisors at their regularly scheduled meetings. If approved
by the Board of Supervisors, the Township shall disburse check(s)
to the fire company written to vendor(s): or
(2)
Reimbursement for expenses paid to vendors by the fire company shall
occur after the Board of Supervisors has reviewed the list of invoices
paid and approved such prepaid expenses at its regular scheduled meeting.
C.
Fire
relief funds shall be dispersed by the Board of Supervisors based
on a call volume basis to be reevaluated on a five-year basis of total
fire calls.
D.
Other fire company regulations and reporting requirements. In accordance with Section 1803(b) of the Pennsylvania Second Class Township Code, the Board of Supervisors establishes the following regulations and reporting requirements for fire companies serving the Township. Compliance with the following standards by a fire company is required to ensure the Board of Supervisors is able to monitor activities and performance of the fire company and to meet fundamental fire services performance expectations and maintain good working order, as anticipated by the Board of Supervisors. Failure to comply with these standards may cause the Board of Supervisors to initiate a notice of delinquency of service in accordance with Chapter 9, § 9-10. The requirements for fire companies are as follows:
(2)
A charter has been granted to such fire company by the proper court
under the laws of the Commonwealth of Pennsylvania.
(3)
Such fire company shall own at least one motorized apparatus which
complies with today's minimum standards, such as, but not limited
to, current National Fire Protection Association (NFPA) standards
or as licensed by the Pennsylvania State Department of Health.
(4)
Such fire company shall have communications equipment capable of
receiving and transmitting on the frequencies designated by Tobyhanna
Township and/or the Monroe County Emergency Management Agency (EMA)
as the fire and rescue band frequency for the Township. The aforesaid
communications system is approved, if, required by law, federal and
state permits, licenses and/or approvals are obtained.
(5)
All apparatus owned by the Tobyhanna Township Volunteer Fire Company, or the Pocono Summit Volunteer Fire Company, shall meet the minimum requirements as set forth in § 9-7 of this chapter.
(6)
Such fire company shall have an alarm system that is deemed adequate
to alert its volunteer firefighters.
(7)
Such fire company shall maintain, within the boundaries of the Township, a suitable building of sufficient size to house fully equipped, approved apparatus meeting the requirements set forth in § 9-7 of this chapter.
(8)
The officer in charge and all designated line officers of such fire
company are full-time residents of Tobyhanna Township or a municipality
contiguous thereto.
(9)
All bylaws, and amendments thereto, of a fire company recognized in § 9-3 of this chapter shall be provided to the Township and kept current and on file with the Township Secretary. All amendments to any bylaws shall be presented to the Township within 45 days of adoption.
(10)
Such fire company shall annually provide to the Township a certification
of insurance (COI) from its insurance carrier and an up-to-date certificate
of inspection.
(11)
Such fire company shall annually, within 30 days following their
election of officers, provide to the Township a complete membership
list that will include the officer in charge and all designees or
other ranked officers/positions. The membership list will also include
all active volunteer firefighters in good standing with the fire company.
(12)
Such fire company shall provide to the Township a listing of all
fire apparatus (vehicles) that carry a hose, ladders and contain pumps
used in fire suppression in the Township. Such fire company shall
annually test all fire pumps in accordance with Section 1911, Standard
for Service Tests on Automotive Fire Department, of the NFPA standards
and provide a test report to the Township Board of Supervisors indicating
the date, time, duration and results of each pump test. The fire pump
testing schedule shall be established by the officer in charge to
insure the equipment meets the intent of the requirements of NFPA.
At a minimum, pumping equipment testing shall be scheduled and conducted
within a twenty-four-month testing period. The results of all pump
tests shall be kept on record and readily available for a period of
five years.
(13)
Such fire company will provide a registered inventory of all ladders
owned by the fire company and used in fire suppression in the Township.
Such fire company shall annually test or cause to be tested all ground
ladders used in fire suppression in accordance with NFPA 1932 standards
and provide a report to the Township Board of Supervisors indicating
the date, time, duration and results of each ladder test. The ladder
testing schedule shall be established by the officer in charge to
insure the ladder meets the intent of the requirements of NFPA. At
a minimum, ladder testing shall be scheduled and conducted within
a twenty-four-month testing period. The results of all ladder tests
shall be kept on record and readily available for a period of five
years.
(14)
Such fire company shall annually test or cause to be tested all fire
hoses used in fire suppression in accordance with Section 1962, Standards
for Testing of Fire Hose, of the NFPA standards and provide a report
to the Township Board of Supervisors indicating the date, time, duration
and results of each hose test. The fire hose testing schedule shall
be established by the officer in charge to insure the equipment meets
the intent of the requirements of NFPA. At a minimum, fire hose testing
shall be scheduled and conducted within a twenty-four-month testing
period. The results of all hose tests shall be kept on record and
readily available for a period of five years.
(15)
Such fire company shall, at a minimum, provide activity reports and/or
incident reports to the Board of Supervisors on a regular monthly
basis illustrating the number of calls, type of calls and number of
firefighters responding and similar information in a standard presentation
format. The volunteer fire companies must cooperate in aiding the
Township to prepare a current ISO report. At the end of each year,
a standard activity report summary will be provided to the Board of
Supervisors for review.
(16)
The Township Board of Supervisors shall determine, at its discretion,
which expenses shall be borne by the volunteer fire company or by
the Township.
(17)
The Township Board of Supervisors must be provided at the second
meeting of each month a National Fire Incident Reporting System report
from each volunteer fire company. Said NFIRS report shall be provided
to the Board of Supervisors, in writing, as well as the Pennsylvania
State Fire Commissioner.
E.
Other
financial reporting. In order to maintain an understanding of the
fire company's financial needs, the fire company shall annually
submit a report of its financial condition for the calendar year and
an adopted budget for the fire company.
A.
The members of the fire company are further authorized to elect from
their membership such officers as may be provided in the bylaws of
the fire company. The Board of Supervisors must be provided the qualifications
and fire education and training of all members.
B.
All firefighters are required to hold, at a minimum, a Certification
of Firefighter I (NFPA 1001). All line officers are required to hold,
at a minimum, a Certificate of Firefighter II (NFPA 1001). Fire essentials
shall be acceptable.
C.
All firefighters are required to hold National Incident Management
System (NIMS) certification (100, 200, 700, 800).
D.
All Chiefs also are required to hold National Incident Management
System (NIMS) certification (300, 400).
A.
The Tobyhanna Township Board of Supervisors provides for fire protection in Tobyhanna Township and requires that a fire company recognized under § 9-3 of this chapter operate and be managed in accordance with the laws of the Commonwealth of Pennsylvania, Chapter 9 of the Township Code, the fire company's bylaws, and the standards of fire protection of the NFPA. Failure to adhere to these expectations and requirements or failure to do what law or duty requires constitutes a delinquency of service. Should the Township Board of Supervisors believe that for any reason the fire company is in noncompliance and not providing adequate fire protection to the Township, the Board of Supervisors shall direct the Township Manager and/or other designee to investigate and examine the reasons for noncompliance using the following process:
(1)
The Township Manager and/or other designee will contact the fire
company's Chief Administrative Official, in writing, and indicate
the findings by the Township of noncompliance in a noncompliance notification
letter.
(2)
Within the noncompliance notification letter, the Township Manager
or other designee will coordinate with the fire company's Chief
Administrative Official the date(s), times and place to hold a meeting
to discuss the findings, service concerns and/or compliance concerns
and deficiencies with the fire company.
(3)
Within 10 days following the meeting with the fire company's
Chief Administrative Office, Liaison Committee or duly appointed representatives,
the Township Manager and/or other designee will present, in writing,
to the Board of Supervisors all findings and the current disposition
of all findings as a result of the meeting. A copy of the findings
and disposition comments will also be forwarded to the fire company.
(4)
Following receipt by the fire company of the findings summary letter,
the fire company will have 15 days to contact the Township Manager
and schedule a presentation for the next Board of Supervisors meeting
for the purpose of discussing the findings and the disposition of
the findings and responding to the compliance issues.
(5)
If the fire company adequately addresses the noncompliance findings
and agrees to any corrective actions or measures approved by the Board
of Supervisors related to the findings and the disposition of the
findings, the fire company shall be deemed to be in compliance. Upon
appropriate motion and approval by the Board of Supervisors, the Township
Manager and/or other designee will provide written notification of
compliance.
(6)
If noncompliance is sustained, the Board of Supervisors by majority motion may issue a notice of delinquency of service and initiate the delinquency of service process outlined in § 9-10B and other actions provided in § 9-10. The Board of Supervisors may also issue a notice of delinquency of service to ensure public safety is maintained in the Township.
B.
Delinquency of service. In the event that a fire company established to provide fire protection or other emergency services and recognized in § 9-3 by Tobyhanna Township, or any successor organization, shall at any time after the establishment of this chapter fail to maintain the fire-protection service with a reasonable level of working order, in accordance with established standards, guidelines and agreements to operate and manage in accordance with the laws of the Commonwealth of Pennsylvania, Chapter 9 of the Township Code, the fire company's bylaws, and NFPA, the Board may serve written notice of delinquency of service upon the fire company and its officers stating:
(1)
The manner in which the fire company has failed to maintain public
fire-protection service in a reasonable condition and issues related
to noncompliance and delinquency of service.
(2)
A demand that such deficiencies, issues of noncompliance and delinquency
of service related to this chapter and the fire protection of Tobyhanna
Township be corrected within 30 days.
(3)
A schedule for presenting to the Board of Supervisors an explanation
for such deficiencies, issues of noncompliance and delinquency of
service related to this chapter and the fire protection of Tobyhanna
Township.
(4)
The date and places of a public hearing, which shall be held within
45 days of the notice.
C.
Public hearing for delinquency of service. At such a hearing, the
Board of Supervisors may amend the terms of the original notice of
delinquency of service concerning the deficiencies and may give an
extension of time within which the fire company shall correct them.
If the deficiencies or any modifications thereof were not corrected
within 30 days of the notice of delinquencies referred to above or
within any agreed-upon extension of time, the Township Board of Supervisors
may intervene in the operation of the fire company through a resolution
establishing a Fire Board in accordance with the provision of this
chapter.
D.
Formation of the Fire Board. If, after the public hearing for delinquency
of service, the Board of Supervisors determines that delinquencies
exist and that a fire company is not performing effectively and providing
adequate fire-protection services, the Board of Supervisors may form
a Fire Board as follows:
(1)
The Fire Board shall be established by resolution passed by the Board
of Supervisors and shall be maintained for an initial period of one
year. The Fire Board shall be established and have authority over
all functions of fire-protection service currently maintained by the
delinquent fire company, including, but not limited to, the administration,
collection of revenues, payment of charges, organization of officers
and similar administrative and operational functions. The Fire Board
will provide direct guidance and direction over the delinquent fire
company in addressing all operational problems that have contributed
in whole or in part to the delinquency of service. If a Fire Board
is established by resolution, the delinquent fire company shall be
subject to the jurisdiction and control of the Fire Board and shall
at all times conform to any and all rules and regulations adopted
by said Board, anything in the constitution and bylaws of any fire
company to the contrary notwithstanding.
(2)
Rights of the fire company. Establishment of the Fire Board shall
not constitute a taking or disbandment of the fire company, nor vest
in the Township any rights above those provided for by the Pennsylvania
Second Class Township Code[1] and other relevant laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(3)
Duties and responsibilities. The specific duties and mission of the
Fire Board shall be established in detail by a resolution passed by
the Board of Supervisors. At a minimum, the Fire Board shall accomplish
the following:
(a)
The Fire Board shall retain fire company operability and shall
maintain such minimum standards of operation of the fire company as
the Township Board of Supervisors may prescribe and shall develop
plans and make suggestions for improving such standards and shall
report such plans and suggestions to the Township Board of Supervisors.
(b)
Authority. The Fire Board shall have the authority to remove,
appoint or affirm all fire company officers, ancillary boards and
committee members to serve in various capacities as specified in the
fire company bylaws.
(c)
The Fire Board shall have approval authority over all fire company
financial expenditures and administrative matters.
(d)
The Fire Board shall appoint its own clerk(s) or administrative
officers from the membership of the fire company to implement day-to-day
tasks of the fire company and who shall serve at the pleasure of the
Fire Board.
(e)
The Fire Board shall determine the tasks to be performed and
the powers entitled to the officer in charge and administrative officers
during the period of delinquency.
(f)
Organization of the Fire Board. The Fire Board shall consist
of five members with each Fire Board member having staggered terms
from one to five years. Thereafter a new member shall be appointed
by the Board of Supervisors each year for a term of five years, or
until a successor is appointed and qualified, with no more than two
members being reappointed or replaced during any future calendar year.
The organizational procedures will continue to remain in effect until
the Board of Supervisors deems the delinquency of service to be corrected.
E.
Correction of delinquency; burden of proof. Before the expiration of one year from the determination of delinquency and formation of the Fire Board, the Township shall, upon its initiative or upon request of a fire company representative, call a public meeting upon notice to the fire company. At the public hearing, the fire company shall be provided with an opportunity to show cause as to why the Fire Board shall not, at the option of the Township, continue for a succeeding year. If the Board of Supervisors shall determine that the fire company is capable to resume service and to maintain compliance with the laws of the Commonwealth of Pennsylvania, Chapter 9 of the Township Code, the fire company's bylaws, and NFPA or other deficiencies, the Township Board of Supervisors shall by resolution cease to maintain the formation of the Fire Board at the end of said year, or a date to be mutually determined by the fire company and the Township which is suitable for the effective transition. If the Board shall determine, at the recommendation of the Fire Board, that the fire company is still delinquent, the Board of Supervisors shall, at its discretion, continue to reaffirm the Fire Board for a next succeeding year and, subject to a similar hearing and determination, in each year thereafter in accordance with this section.
F.
Any and all costs to the Township incurred as a result of administering
and operating the fire company (e.g., mailing expenses, staff time,
travel) and any additional penalties or fees set by the Township shall
be paid by the fire company or Fire Board.
A.
Unless otherwise provided in this chapter or by action of the Tobyhanna Township Board of Supervisors, no fire company recognized in § 9-3 of this chapter or 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 Tobyhanna Township or any other municipal entity.
B.
It is recognized that a fire company, as specified in § 9-3, when engaged in activities and duties specified in § 9-4, 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, said Tobyhanna Township fire company, its officers, members, representatives, agents, servants and employees are entitled to immunity from tort liability under the Pennsylvania Political Subdivision Tort Claims Act[1] and to all rights and privileges as provided in said act.
[1]
Editor's Note: See 42 Pa.C.S.A. § 8541 et seq.
Any person who shall violate any provisions of this Chapter 9, § 9-6, shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.
The Board of Supervisors may establish the Tobyhanna Township
Fire Commission and will determine Commission membership and Commission
status at their discretion.
