[HISTORY: Adopted by the Borough Council of the Borough of Jim Thorpe as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 233.
Outdoor fuel-burning appliances — See Ch. 248.
[Adopted 7-9-1998 by Ord. No. 98-8]
In addition to those duties and activities specifically authorized by statute, for purposes of workers' compensation coverage on activity authorized by the Borough of Jim Thorpe:
A. 
With respect to members of the Jim Thorpe Borough Fire Department, including junior members, shall include any fundraising activities and such other duties not prohibited by law and necessary for the efficient operation of the volunteer services of the Jim Thorpe Fire Department as may, from time to time, be assigned by the Jim Thorpe Borough Council, approved by the Jim Thorpe Borough Fire Department Chief, or defined or authorized within the constitution and by laws of the Fire Department; and
B. 
With respect to members of Volunteer Ambulance Corps, including junior members, shall include fundraising activities and such other duties not prohibited by the law and necessary for the efficient operation of volunteer services by the Ambulance Corps as may, from time to time, be assigned by the Jim Thorpe Borough Council, approved by the President or other head of the Volunteer Ambulance Corps, or defined or authorized within the constitution or bylaws of the Volunteer Ambulance Corps.
[Adopted 6-8-2006 by Ord. No. 2006-4]
[Amended 7-13-2017 by Ord. No. 2017-7; 9-10-2020 by Ord. No. 2020-07; 12-11-2025 by Ord. No. 2025-11]
A. 
The Jim Thorpe Municipal Fire Department is hereby established by the Borough of Jim Thorpe, Carbon County, Pennsylvania, and is hereby designated as the officially recognized Fire Department for the Borough. As of the date hereof, the Jim Thorpe Municipal Fire Department shall consist of two fire companies located within the Borough, being Diligent Fire Company No. 3 of Mauch Chunk, now recognized as the West Side Fire Station, and the Onoko Fire and Rescue Company, now recognized as the East Side Fire Station. These two fire companies shall comprise the Jim Thorpe Fire Department. In the future, the Borough Council shall have the right to designate any other fire company to provide fire protection services to the Borough. Any fire company so designated by the Borough in the future shall join the Jim Thorpe Fire Department.
B. 
The Borough Council shall adopt standard operating guidelines/procedures for the Jim Thorpe Fire Department. Such procedures shall be prepared by the Fire Commissioner. The Fire Commissioner will then present those procedures to the Emergency Services Committee for review and comment. The Emergency Services Committee will then present a final version to Borough Council for approval.
C. 
Each company recognized by the Borough Council shall be designated a member of the Jim Thorpe Municipal Fire Department. A certificate from the Council President and Secretary with a Seal of the Borough of Jim Thorpe shall be framed by each company and displayed by that company.
[Amended 7-13-2017 by Ord. No. 2017-7]
A. 
The Fire Department recognized by the Borough is hereby authorized to provide such services to the Borough as may be necessary for the protection of property and persons located in the Borough, which include, but are not limited to, the extinguishments of and prevention of loss of life and property from fire, automobile accidents, hazardous materials incidents, and other dangerous situations.
B. 
The Fire Department may also provide nonemergency and public service functions, such as 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 Department may also conduct and participate in such training activities and drills, either within or outside the Borough, as may be deemed necessary by the Fire Department Chief in order to maintain proficiency in providing the services.
D. 
The Fire Department may also respond to calls and provide the services to municipalities outside the Borough pursuant to any mutual aid agreement.
E. 
The Fire Department may engage in any ceremony or parade as may be deemed appropriate by the Fire Chief or Deputy Chief, subject to formal approval by the Borough Council.
F. 
The Fire Department may engage in fund-raising activities for the Fire Department as may be deemed appropriate by the officers of the Fire Department.
G. 
The Fire Department shall engage in fire prevention, fire education, and other fire related activities as may be deemed appropriate by the officers of the Fire Department, subject to approval of Borough Council.
H. 
Any nonemergency or non-fire-related activity proposed by the Fire Department, including use of vehicles or equipment, shall be approved by the Fire Chief or his/her designee, subject to formal approval by the Borough Council.
I. 
No activities of the Jim Thorpe Fire Department shall be conducted by any member while under the influence of alcohol, illicit drugs or legal drugs. It is further provided that alcohol and illicit drugs are strictly prohibited and performing any activity while under the influence of alcohol or illegal drugs shall subject the offending member to discipline.
[Amended 7-13-2017 by Ord. No. 2017-7; 9-10-2020 by Ord. No. 2020-07]
The Jim Thorpe Fire Department will consist of the two fire companies located within the Borough, being the Diligent Fire Company No. 3 of Mauch Chunk, and the Onoko Fire and Rescue Company. These companies shall be comprised of those individuals who comply with the requirements of this article and the standard operating guidelines/procedures established by the Borough Council.
[Amended 7-13-2017 by Ord. No. 2017-7; 10-9-2025 by Ord. No. 2025-08; 12-11-2025 by Ord. No. 2025-11]
The departmental officers of the Fire Department of the Borough of Jim Thorpe shall consist of one Fire Commissioner, one Fire Chief and two Deputy Fire Chiefs. The Fire Commissioner, Fire Chief and Deputy Fire Chiefs shall have control and authority over the Fire Department and shall be ultimately responsible for managing and coordinating efforts among the Borough of Jim Thorpe fire companies.
[Amended 7-13-2017 by Ord. No. 2017-7; 10-9-2025 by Ord. No. 2025-08; 12-11-2025 by Ord. No. 2025-11]
A. 
The Fire Commissioner, Fire Chief and Deputy Fire Chiefs of the Jim Thorpe Fire Department shall be appointed by the Borough Council annually and shall serve at the pleasure of the council until such time as relieved of such duty by appropriate action by Borough Council or until successors are duly appointed. The Fire Commissioner, Fire Chief and Deputy Fire Chiefs must be full-time residents of the Borough of Jim Thorpe or reside within a five-mile radius of the corporate limits of the Borough of Jim Thorpe when appointed and must continue as full-time residents of the Borough of Jim Thorpe or reside within a five-mile radius of the corporate limits of the Borough while in office.
B. 
The Fire Commissioner, Fire Chief, Deputy Fire Chiefs and Chairperson of the Borough Emergency Services Committee, as a committee, shall appoint the remaining officers with such terms, stipulations, requirements and duties as deemed appropriate by departmental standard operating guidelines/procedures. Officers of the Fire Department shall include one captain, one first lieutenant, one second lieutenant and one chief engineer per fire company or firehouse. The officers must all be full-time residents of the Borough of Jim Thorpe or reside within a five-mile radius of the corporate limits of the Borough of Jim Thorpe when appointed and must continue as full-time resident of the Borough of Jim Thorpe or reside within five-mile radius of the corporate limits of the Borough while in office.
[Added 12-11-2025 by Ord. No. 2025-11]
A. 
The Fire Commissioner shall be appointed annually and shall serve solely at the discretion and pleasure of the Borough Council of Jim Thorpe Borough.
B. 
The Fire Commissioner shall be the Chief Executive Officer of the Jim Thorpe Fire Department.
C. 
The Fire Commissioner is responsible for oversight over all policies, procedures and programs that the Borough Council wishes to be implemented, subject to review by the Fire Commissioner and Fire Chief. Theses powers shall include:
(1) 
Full administrative and operational control;
(2) 
Development and administration of annual budget, which shall be presented to Borough Council for approval;
(3) 
Development and enforcement of standard operating procedures, rules, regulations, procedures and practices.
D. 
The Fire Commissioner shall report monthly in writing to the Borough Council and Borough Manager on all activities and all fire calls.
E. 
The Fire Commissioner shall have overall and final responsibility for all operating records and equipment, including presenting to Borough Council and Borough Manager an inventory of equipment including suggestions for replacement or repair. He shall report the condition of such apparatus and equipment to the Borough Council and Borough Manager from time to time and, as often as he deems the same necessary, shall recommend to the Council and Borough Manager repairs, renovations or replacements to firehouses, apparatus and equipment. It shall be the duty of the Fire Commissioner to report to the Council and the Borough Manager any unusual fire risks within the Borough and any fire hydrants or water mains which may need special attention.
[Amended 7-13-2017 by Ord. No. 2017-7; 12-11-2025 by Ord. No. 2025-11[1]]
A. 
The Fire Chief shall report to both the Fire Commissioner and Jim Thorpe Borough Council. The Fire Chief, along with the assistance of the Deputy Fire Chiefs, will make all efforts to be available at incidents and will maintain the incident command of the fire ground and any call outs.
B. 
In addition to the powers and duties of the Fire Chief as set forth in the standard operating guidelines/procedures, the Fire Chief shall have full charge and control over the maintenance and operation of fire apparatus, equipment of the Jim Thorpe Municipal Fire Department and personnel at all times and shall give general directions as to how, when and where to use such apparatus and equipment. He shall be responsible for the condition and proper maintenance of all apparatus and equipment of the Fire Department and, to that end, shall, at all times, have free access to the firehouses for the purpose of inspecting such apparatus and equipment.
C. 
Additional powers and duties of Fire Chief at fires. The Fire Chief shall have the power to enter any premises for the purposes of investigating the cause of or subduing a fire; to call to his assistance the police force of the Borough or any citizen to maintain peace or protect property at a fire; and to prosecute on behalf of the Borough any person for interfering with the Fire Department at a fire or for interfering with the fire hydrants or with any of the fire apparatus or equipment.
D. 
Additional powers and duties of Fire Chief. The Fire Chief shall have the power to discipline, suspend or dismiss any line officer or member from service in the Fire Department for just cause, such as neglect of duty or insubordination. Such officer or member shall remain on suspension after such discipline is rendered by the Fire Chief until a hearing is held to determine if the discipline, suspension or discharge is appropriate. Such hearing shall be conducted as per § 26-10D below.
[1]
Editor's Note: Pursuant to this ordinance, former §§ 26-7 through 26-10 were renumbered renumbered to §§ 26-8 through 26-11.
[Amended 7-13-2017 by Ord. No. 2017-7; 10-9-2025 by Ord. No. 2025-08; 12-11-2025 by Ord. No. 2025-11]
The Deputy Fire Chief shall perform the duties and have the powers set forth in the standard operating guidelines/procedures.
[Amended 7-13-2017 by Ord. No. 2017-7]
A. 
Eligibility for membership to the Jim Thorpe Municipal Fire Department shall be by application to the fire company, subject to the recommendation of the Fire Chief.
B. 
Probationary period.
(1) 
An individual whose application has been approved by the Fire Department shall become a member of the Jim Thorpe Municipal Fire Department on a probationary basis.
(2) 
The probationary period shall last for six months, which shall begin upon the approval of the individual's membership by the Fire Department.
(3) 
During the probationary period, a disciplinary infraction by a probationary member in the following areas shall be cause for immediate removal of the probationary member from the Fire Department:
(a) 
Infractions regarding misuse of Fire Department equipment;
(b) 
Infractions involving dishonest or immoral conduct;
(c) 
Infractions which result in negative publicity of the Fire Department of the Borough; or
(d) 
Any violation of the standard operating guidelines/procedures.
(4) 
Following the expiration of the six-month probationary period, a member will no longer be considered on probationary status, and any infractions shall be handled by the guidelines/procedures set forth in the standard operating guidelines/procedures.
[Amended 7-13-2017 by Ord. No. 2017-7]
A. 
Junior membership. Any individual who reaches the age of 14 shall be eligible to membership in the Jim Thorpe Municipal Fire Department. He/she shall be on probation until high school graduation and reaching the age of 18 years. He/she shall not be eligible to hold office in the Fire Department until high school graduation and reaching the age of 18 years. Such junior member must present working papers and permission from his/her parents or guardian. All applicable child labor laws will be adhered to by each fire company.
B. 
Active membership. Any individual of the age 18 years shall be eligible to membership in the Fire Department.
C. 
Expulsion. Any member violating any of the provisions of this chapter or the rules and regulations and/or standard operating guidelines and procedures, or who was intoxicated and disorderly upon Fire Department property, or who instigates and takes part in any quarrel, fight, in or about the property of the Fire Department or Borough, or is guilty of a crime dealing with immoral conduct or illegal/narcotic, controlled substance or paraphernalia, the penalty for which provides for imprisonment, may be expelled by Borough Council.
D. 
Trial of members.
(1) 
All charges shall be reviewed by the officers of the Fire Department to determine the validity of said charges with the determination of necessity of a trial before the respective officers and body.
(2) 
Charges may be referred by any member of the fire companies, in writing, distinctly specifying the violation. This violation is to be reviewed by the Fire Department officers to determine the validity of said· offense. If the Fire Department officers determine there is validity, such charges shall be referred to Borough Council to take action. A copy of the charges and specifications shall be furnished to the accused by the Fire Department. When such charges are furnished to the accused, the accused shall also be notified of the time to appear for any hearing before Borough Council.
(3) 
The Fire Chief or his designee shall send the accused a copy of such charges by certified mail and regular United States Mail. No further notice shall be required. The trial shall proceed, unless a member, on behalf of the accused, can furnish the Borough Council sufficient reasons to continue the trial until the next Council meeting.
(4) 
Determination by Borough Council at any such trial shall be final.
[Added 7-13-2017 by Ord. No. 2017-7]
A. 
No person shall be allowed to ride upon Jim Thorpe Municipal Fire Department vehicles or apparatus unless such person has the prior approval of the Fire Chief or his designee.
B. 
No person shall make use of any fire apparatus, hose, or other equipment of the Fire Department, other than for the purpose for which the same was intended, without the prior consent of the Fire Chief or his designee.
[Added 7-13-2017 by Ord. No. 2017-7]
A. 
All fire equipment supplies and apparatus bought for the use of the Fire Department are to be the property of the Borough and under the control of the Borough Council, and nothing is to be sheltered in any firehouse of said Borough unless the same be under the control and with the knowledge of Borough Council.
B. 
An inventory shall be conducted annually and forwarded to the Borough Secretary by the 30th of November. ·
C. 
Members or other persons shall not be permitted to stay overnight at any of the fire stations without approval of the Fire Chief or the Deputy Fire Chief.
[Added 7-13-2017 by Ord. No. 2017-7]
No alcoholic beverages shall be allowed on any Borough property or Fire Department property, including on any fire trucks maintained or operated by the Jim Thorpe Municipal Fire Department, without prior Borough Council approval. This alcohol prohibition shall not apply to any social hall within any fire company.
[Added 7-13-2017 by Ord. No. 2017-7]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.
The Borough of Jim Thorpe hereby recognizes the Mauch Chunk Firemen Relief and East Mauch Chunk Firemen Relief Associations of the Borough of Jim Thorpe. Equal shares of the Foreign Fire Insurance Tax shall be given to each fire company as recognized herein as represented by their respective relief association.