[HISTORY: Adopted by the Borough Council of the Borough of West Conshohocken 2-10-2015 by Ord. No. 2015-04, approved 2-10-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 23.
Fire prevention — See Ch. 56.
Open burning — See. Ch. 71.
A. 
The following association is hereby recognized as actively engaged in providing fire protection and/or emergency services in West Conshohocken Borough: George Clay Steam Fire Engine and Hose Company Relief Association.
B. 
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. 
The above-named association of West Conshohocken Borough is designated the proper association to receive such funds as are due and payable to the Borough Treasurer by the Treasurer of the State 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 names(s) of the active associations and the percentage of service they contribute to the protection of West Conshohocken 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 to 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, § 701 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. 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.
George Clay Steam Fire Engine and Hose Company Number One of West Conshohocken, a not-for-profit corporation organized under the laws of the Commonwealth of Pennsylvania, hereinafter in this chapter referred to as "Fire Company," is hereby designated as the officially recognized volunteer fire company to provide first due response for West Conshohocken Borough, Montgomery County, Pennsylvania.
The authorized activities of the Fire Company are to:
A. 
Provide such services as may be necessary for the protection of property and persons situate therein, which include, by way of example and not of limitation, the extinguishment and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous material incidents, and other dangerous situations.
B. 
Provide nonemergency and public services 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. 
Conduct and participate in such training activities and drills, either within or outside of the Borough, as may be deemed necessary by the officers of the Fire Company to maintain proficiency in providing services.
D. 
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 Montgomery Countywide Communications.
The authorized activities of Fire Company members are to:
A. 
Engage in any type of drill, training, ceremony, practice, test or parade.
B. 
Engage in fund-raising activities for the Fire Company.
C. 
Engage in the performance of any other duty or activity which contributes to the mission of the Fire Company.
The purpose of this chapter is to recognize the Fire Company as the official first due response fire company of the Borough and to state additional authorized activities for members of the Fire Company for workers' compensation and governmental immunity purposes.
[Added 10-13-2020 by Ord. No. 2020-03, approved 10-13-2023]
A. 
Establishment. Length of Service Awards Program (LOSAP) is herewith established in accordance with provisions of the Borough Code, in that it rewards members of the George Clay Steam Engine and Hose Company of West Conshohocken for their loyal, diligent, and devoted volunteer firefighting services to the residents of the Borough of West Conshohocken; thus providing for the operation and maintenance of said Fire Company, securing fire protection for the inhabitants of the Borough; and thus ensuring that fire services are provided within the Borough by the means and to the extent determined by the Borough, including the appropriate financial and administrative assistance for these services, as per consultations with the Borough's Fire Company.
B. 
Defined contribution. The LOSAP shall provide for a defined contribution to a deferred income account for each volunteer firefighter and/or fire police officer who meets the criteria set forth herein; that such benefit shall be provided in accordance with a plan that shall be established by the Borough of West Conshohocken; and that such plan shall be administered in accordance with the U.S. Internal Revenue Code and this chapter.
C. 
Calculation of years of service. All years of service referenced herein shall be calculated on a calendar-year basis. To receive credit for a year of service as a volunteer firefighter, the LOSAP plan shall require that volunteers:
(1) 
Be members in good standing with the George Clay Steam Engine and Hose Company of West Conshohocken as of November 1, 2020, and shall meet any additional requirements established by said Fire Company for active membership as a firefighter including a "point system" or other methods in accordance with a plan that shall be established by the Borough of West Conshohocken.
(2) 
Meet the requirements of Section 457(e)(11) of the Internal Revenue Code of 1986, as amended (the "code"), including but not limited to the qualifications of "bona fide volunteer" and "qualified services" as those terms are defined in the code.
D. 
Funding. The LOSAP shall be funded by contributions as determined between the Borough of West Conshohocken and the George Clay Stem Engine and Hose Company of West Conshohocken every year. All funds shall be deposited into the LOSAP fund pursuant to § 17-8L (LOSAP fund).
E. 
Valuation. The Borough of West Conshohocken shall cause to be prepared a valuation for the LOSAP on a basis determined solely by the Borough. A valuation may also be prepared prior to any amendment of the LOSAP to determine the effect of the proposed amendment on the financial status and funding of the LOSAP. The cost of preparation of these referenced valuations shall be paid by the Borough.
F. 
Eligibility. The LOSAP shall provide that eligible volunteer firefighters must be members of the George Clay Steam Engine and Hose Company of West Conshohocken and be age 18 or older. Years of service as a volunteer firefighter before age 18 or with a fire company or fire department not located in Borough of West Conshohocken shall not be considered as service time as an eligible volunteer firefighter for purposes of this LOSAP.
G. 
Benefits.
(1) 
The LOSAP shall provide for an annual contribution in an amount determined solely by the Borough for each year of service eligible volunteer firefighters complete. Such contributions shall be accumulated in the LOSAP fund and distributed to eligible volunteer firefighters in accordance with the terms and conditions of the plan.
(2) 
Notwithstanding any provision of this chapter to the contrary, no benefit shall be paid at any time from any source other than the LOSAP fund.
H. 
Vesting. The LOSAP shall provide for 100% vesting of benefits after completion of five years of service from the effective date of this chapter. The LOSAP benefit is payable after a firefighter has attained age 65 and has completed five years of service. If a firefighter dies in the line of duty prior to vesting and prior to receiving their LOSAP benefit, such benefit shall become immediately vested and be paid in a lump sum to the named beneficiary of the deceased firefighter.
I. 
Credit for prior service. Solely for purposes of § 17-8H, Vesting, the LOSAP shall provide credit for prior years of service as an eligible volunteer firefighter prior to the establishment of the LOSAP, with said date of establishment being November 1, 2020. For purposes of this § 17-8I, Credit for prior service, prior service shall be calculated in accordance with § 17-8C, Calculation of years of service.
J. 
Annual certification list. In accordance with the chapter the Fire Chief and President of the George Clay Steam Engine and Hose Company of West Conshohocken shall furnish to the Borough, notarized under oath, by no later than January 31 of the new year, an annual certification list of all volunteer firefighters who have qualified for service credit under the LOSAP for the prior year. In addition, all firefighters certified as required herein by their Fire Chief and President shall provide a statement indicating that they have fulfilled the annual LOSAP criteria, as herein stated. The Borough shall review the annual certification lists and individual firefighter member certifications, furnished as required herein, and approve the final annual certifications by no later than March 1 of the current year.
K. 
Records. The George Clay Steam Engine and Hose Company of West Conshohocken shall create and maintain sufficient records, suitable to the Borough to provide for the maintenance of the LOSAP and to ensure accurate and complete reporting of firefighter credit for years of volunteer service.
L. 
LOSAP fund.
(1) 
The Borough shall cause to be created a LOSAP fund in which it will deposit its annual LOSAP contribution, as referenced in § 17-8D, Funding. Said LOSAP contribution shall be deposited on account by the Borough on or before June 30 of each year. LOSAP funds, once deposited in the LOSAP fund, shall be invested in accordance with the Pennsylvania Fiduciaries Act.
(2) 
The Borough may, from time to time, make appropriations or contributions to the LOSAP fund from any legal source. However, the Borough shall under no circumstances be required to make any appropriations or contributions to the LOSAP fund at any time, even if the amount in the LOSAP fund shall be or become inadequate to pay the benefits specified in § 17-8G, Benefits.
M. 
LOSAP Committee. A LOSAP Committee, consisting of five members, is hereby established and shall be maintained to provide for the review of the LOSAP Program and to provide advice on the investment of LOSAP funds. Said Committee shall be composed of the Borough Manager, Borough Council Public Safety Committee Chairperson, and Borough Council Finance Committee Chairperson, and two representatives appointed by the George Clay Steam Engine and Hose Company of West Conshohocken. The LOSAP Committee shall serve in an advisory capacity to the LOSAP fund and shall report directly to Borough Council. The LOSAP Committee shall meet as needed, but no less frequently than on an annual basis. The Borough Council's Finance Committee Chairperson shall serve as the chairperson of the LOSAP Committee.
N. 
Effective date. The effective date of this section shall be November 1, 2020.