[1]
Editor's Note: Former Part 4, Fire Department, Part A , Establishment of Fire Department, adopted by Ord. 742, 11/5/1980; as amended by Ord. 806, 6/11/1986; Ord. 846, 3/8/1989; Ord. 962, 2/9/2000; Ord. 995, 12/10/2003; and Ord. 1028, 4/9/2008; and Part B, Volunteer Firemen's Relief Association, adopted by Ord. 412, 10/10/1932; as amended by Ord. 995, 12/10/2003, was repealed by Ord. No. 1096, 12/13/2023.
[Ord. No. 1096, 12/13/2023]
Fire protection for the Borough of Aspinwall shall be provided by the Southern Allegheny Valley Emergency Services (SAVES) Volunteer Fire Department, (the "Fire Department" or "Department"), a nonprofit corporation incorporated under the laws of the Commonwealth of Pennsylvania, which is hereby designated as the official fire protection agency for the Borough of Aspinwall.
The Borough of Aspinwall does hereby officially recognize Southern Allegheny Valley Emergency Services (SAVES), a Pennsylvania nonprofit corporation, its respective Relief Association: (a) as the primary fire protection services/organizations for the Borough of Aspinwall; (b) to ensure governmental immunities upon each designated entity applies; and (c) to enable provisions of the Workers' Compensation protections to apply as per law.
[Ord. No. 1096, 12/13/2023]
1. 
The Fire Department is authorized to:
A. 
Provide such Volunteer Fire Department services to the Borough as may be necessary as one of the Borough's primary emergency response agencies and as part of a secondary mutual aid response to requesting agencies. This authorization includes, but is not limited to, the extinguishment of fire, rescue, hazard(s), disaster incidents, fire prevention programs, any potential loss of life and property, motor vehicle accidents, supplemental traffic control, first responder medical emergency incidents, hazardous material first response event, and all other dangerous and/or emergency situation(s) occurring in the Borough or a mutual aid community;
B. 
Provide non-emergency and public service functions including, but not limited to, responding to events of nature, including flooding, the removing of storm water and debris from property after storms or other natural events, the assisting in the prevention, removal, and abatement of damage or injury to persons or property regardless of the cause;
C. 
Conduct or participate in such training activities/drills, recruitment/retention programs, either within or outside the Borough, as may be deemed necessary;
D. 
Perform necessary maintenance, repair, or other related work on or about the fire and emergency medical apparatus;
E. 
Perform necessary maintenance, repair, or other related work on or about the fire and emergency medical apparatus;
F. 
Riding on or upon the fire or emergency medical apparatus owned, used or contracted by the Borough or Fire Department;
G. 
Respond to calls and provide services to other municipalities outside the Borough as part of a mutual aid responses; and
H. 
To provide an organization to coordinate and improve the community's emergency responses and improve recruitment and retention for our joint municipal and required fire and emergency services.
2. 
In addition to actually participating in the activities of the Fire Department as authorized above, or in going to or returning from any authorized activities, the members of the Fire Department recognized by the Borough are also authorized to engage in the following activities:
A. 
Any type of drill, training, ceremony, practice, testing, and/or parades when duly called for or authorized by the Borough or the Chief or officers of SAVES;
B. 
Fundraising activities on the Fire Department's property, Borough property, or within the response districts for SAVES, when authorized by the Chief, officers of SAVES and Borough;
C. 
The performance of any duty and/or activity authorized by the Chief or officers of SAVES or customarily attended to by Fire Departments;
D. 
Billing persons and entities who have insurance that covers the time, use, and wear and tear of emergency equipment, vehicles, and consumable supplies attainable to property and/or vehicle emergency service responses.
[Ord. No. 1096, 12/13/2023]
1. 
Pursuant to 8 Pa.C.S.A. § 1202(56), the Borough and the Fire Department agree to: (i) consult with SAVES (the recognized fire service provider) to discuss the emergency service needs of the Borough; and (ii) that SAVES shall provide an itemized listing of all expenditures of Borough funds as provided on a quarterly basis. All quarterly reports must be submitted to the Borough before the Borough may consider budgeting additional funds to SAVES.
2. 
Pursuant to 42 Pa.C.S.A. § 8541 and related sections, shall be duly recognized and be entitled to the protection of governmental immunities attributable to local government agencies by law.
3. 
Pursuant to 77 P.S. §§ 1031 and 1032, the Borough agrees to participate and contribute premiums by a Workers' Compensation insurance policy that may be acquired and as may be prorated as agreed to and/or provided at law as between other serviced municipalities.
4. 
During the period of SAVES being the recognized Volunteer Fire Department, the Borough agrees to pass along and/or pass through Pennsylvania Relief Association foreign fire insurance disbursement and/or any legislatively created local fire service grant pass-alongs targeted to benefit a municipal Volunteer Fire Department so long as said pass-through monies do not result in any additional fees, costs, or any monies required from the municipality.
5. 
SAVES shall provide monthly operational reports to the Borough which detail the number of calls, types of calls, location of calls, and similar relevant information as requested by the Borough.
[Ord. No. 1096, 12/13/2023]
1. 
SAVES is a Pennsylvania nonprofit corporation recognized to provide volunteer fire services to the Borough (other than as to statutory determination of Workers' Compensation coverage). Members of SAVES shall not be employed or directed by the Borough in its provision of volunteer fire services to the Borough. The Fire Department has no authority to bind the Borough to any action, transaction, or activity unless specifically agreed to by the Borough in writing.
2. 
If in the event the municipality determines that it desires not to continue to recognize SAVES, the Borough shall provide at least 90 days' written notice.
3. 
The parties further agree than any fire equipment or real property entirely acquired through the Borough's monies and where the Borough shall be solely titled owner to the equipment or real estate, upon any unrecognition or dissolution of SAVES by the Borough, said specific Borough owned or funded equipment, vehicles, or property shall be returned and/or shall revert to the Borough.