[Ord. 2016-1, 9/12/2016]
Community Fire Company of Cornwall Borough is hereby designated
as the officially recognized volunteer fire and rescue company to
provide first due response for such portions of Cornwall Borough,
Lebanon County, Pennsylvania, as Borough Council may establish from
time to time.
[Ord. 2016-1, 9/12/2016]
1.
Borough
Council hereby authorizes the Community Fire Company of Cornwall Borough
to perform the following activities and services:
A.
To provide
such services as may be necessary for the protection of property and
persons situate in the Borough, which include, by way of example and
not of limitation, the extinguishment of fires and the prevention
of loss of life and property from fire, automobile accidents, medical
emergencies, hazardous material incidents, and other dangerous situations.
B.
To provide
non-emergency and public services such as, by way of example and not
of limitation, removing water from property after storms; assisting
in the removal, abatement and prevention of damage or injury to persons
or property, whether through natural causes or man-made situations;
and directing traffic and parking at local events as requested as
and when authorized by the Fire Chief or Borough Council.
C.
To conduct
and participate in such training activities and drills, either within
or outside of the Borough, as may be deemed necessary by the Fire
Chief to maintain proficiency in providing services.
D.
To respond
to calls and provide services to municipalities outside the Borough
when so requested by such municipality or another fire company or
when directed to so respond by Lebanon County Communications.
E.
To request
aid and services from the Cornwall Borough Police Department, Pennsylvania
State Police, other police departments, other fire companies and/or
other emergency service providers when responding to emergencies within
the Borough.
[Ord. 2016-1, 9/12/2016]
1.
Borough
Council hereby authorizes the members of Community Fire Company of
Cornwall Borough to perform the following activities and services
when so requested or authorized by the Fire Chief or Borough Council:
A.
To engage
in any type of drill, training, ceremony, practice, test or parade
as the Community Fire Company of Cornwall Borough in its sole discretion
shall deem appropriate.
B.
To engage
in fund-raising activities for Community Fire Company of Cornwall
Borough as the Community Fire Company of Cornwall Borough in its sole
discretion shall deem appropriate. Such fund-raising activities may
include, but are not limited to, auctions, festivals, bingo, banquets,
carnivals, barbecues, breakfasts, dinners, sub and sandwich sales,
and sale of refreshments at auctions or other events.
C.
To engage
in the performance of any other duty or activity which contributes
to its mission of Community Fire Company of Cornwall Borough as expressly
authorized by Community Fire Company of Cornwall Borough.
2.
If any
members of Community Fire Company of Cornwall Borough engage in such
activities without the express permission or authorization of the
Community Fire Company of Cornwall Borough, their activities will
be considered outside the scope of the members’ authorization
and in direct violation of the members’ defined scope of duties.
[Ord. 2016-1, 9/12/2016]
The purpose of this Article is to recognize Community Fire Company
of Cornwall Borough as an official first due response fire company
within the Borough and to state additional authorized activities for
members of Community Fire Company of Cornwall Borough for workers’
compensation and governmental immunity purposes. It is the additional
purpose of this Article to enable the families of members of Community
Fire Company of Cornwall Borough to be eligible for benefits under
the Act of June 24, 1976, P.L. 424, No. 101, as amended, 53 P.S. §891 et seq., commonly known as the Pennsylvania State Death
Benefit Act, and the Police Officer, Firefighter, Correction Employee
and National Guard Member Child Beneficiary Education Act, Act 129
of 1998, to the extent allowed by law.
[Ord. 2016-1, 9/12/2016]
Borough Council recognizes that other volunteer fire companies
and other emergency responders, including but not limited to ambulance
services and EMS, may provide assistance to Community Fire Company
of Cornwall Borough in responding to emergencies within the Borough.
Borough Council additionally recognizes that in certain instances
a volunteer fire company other than Community Fire Company of Cornwall
Borough may arrive first at an emergency scene because Community Fire
Company of Cornwall Borough is responding to other emergencies, encountering
traffic problems, or as a result of geography. To the extent required
or permitted by law, the Borough acknowledges the assistance of all
other volunteer fire companies and other emergency responders, including
but not limited to ambulance services and EMS, within Lebanon County
and authorizes such other volunteer fire companies and other emergency
responders, including but not limited to ambulance services and EMS,
within Lebanon County to provide such services within the Borough
and to Community Fire Company of Cornwall Borough.
[Ord. 2016-1, 9/12/2016]
The Community Fire Company of Cornwall Borough is hereby authorized,
by and through its officers and authorized representatives, to ascertain
what insurance coverages may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where an owner and/or driver of a motor vehicle and/or a property
owner or business owner is or may be insured to reimburse the Community
Fire Company of Cornwall Borough for any costs and/or expenses incurred
for services, supplies and/or equipment used for or provided to the
owner and/or driver of motor vehicles, to the property owner or business
owner by the Community Fire Company of Cornwall Borough.
[Ord. 2016-1, 9/12/2016]
1.
Cornwall
Borough further authorizes the Community Fire Company of Cornwall
Borough to recover reasonable costs for firefighting, for the firefighting
materials and equipment and hazardous abatement materials involved
in any and all hazardous abatement material incidents as are recoverable
under the Hazardous Material Emergency Planning and Response Act.
2.
Cornwall
Borough further authorizes the Community Fire Company of Cornwall
Borough to recover reasonable costs for responses to safety and rescue
instances involving vehicular accidents.
3.
However,
and notwithstanding anything herein to the contrary, under no circumstances
shall any property owner receive a bill from the Community Fire Company
of Cornwall Borough for fire protection or other services provided
by the Community Fire Company of Cornwall Borough, except in cases
of false alarms and/or fires which are intentionally set by the property
owner.
[Ord. 2016-1, 9/12/2016]
The costs and fees as outlined in this Article shall be recovered
directly by the Community Fire Company of Cornwall Borough by direct
billing by the Community Fire Company of Cornwall Borough, or by an
attorney, collection service or agency contracted by the Community
Fire Company of Cornwall Borough. In addition to the costs and fees
as outlined in this Article, the Community Fire Company of Cornwall
Borough, or any attorney or collection service or agency contracted
by the Community Fire Company of Cornwall Borough, shall be authorized
to collect any reasonable interest and administration fees for collection
of the costs and fees.
[Ord. 2016-1, 9/12/2016]
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Community Fire Company of Cornwall Borough,
or any attorney or agency contracted by the Community Fire Company
of Cornwall Borough who mailed or delivered the bill or invoice, may
enforce the provisions of this Article by filing a civil action at
law in a court of competent jurisdiction for the collection of any
amounts due to the Community Fire Company of Cornwall Borough together
with statutory interest, court costs, collection fees and reasonable
attorney’s fees. The remedies provided herein shall be in addition
to any other relief, remedies or penalties that may be appropriate
or provided by law.
[Ord. 2016-1, 9/12/2016]
The Relief Association of Community Fire Company of Cornwall
Borough is officially recognized as an association which has been
formed for the benefit of its members and their families in case of
death, sickness, temporary or permanent disability or accidents suffered
in the line of duty. The Relief Association of the Community Fire
Company of Cornwall Borough is designated as 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.
[Ord. 2016-1, 9/12/2016]
There is annually appropriated from the Borough Treasury all
of the sum or sums of monies that may be in the future paid into the
Borough Treasury by the Treasurer of the Commonwealth of Pennsylvania
on account of taxes paid on premiums by foreign fire insurance companies
to the duly recognized Association within 60 days of receipt in accordance
with the Act of December 18, 1984, No. 205, §701 et seq., as hereinafter amended, supplemented, modified or reenacted by
the General Assembly of this Commonwealth.
[Ord. 2016-1, 9/12/2016]
This Article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Community Fire Company
of Cornwall Borough from insurance proceeds for costs and/or expenses
incurred while providing services pursuant to their duties for the
Community Fire Company of Cornwall Borough.
