[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 10-8-2025 by Ord. No. 377-2025. Amendments noted where applicable.]
A. 
To maintain an effective emergency response capability to natural and man-made emergencies through planning and the efficient use of manpower and equipment as required by the Second Class Township Code.
B. 
To establish the East Whiteland Township Department of Fire and Emergency Services and to create the position of Chief of Fire and Emergency Services for the management and oversight of the department as required by the Second Class Township Code.
For purposes of this chapter, the following terms shall have the meanings given in this section, as follows:
CAREER PERSONNEL
The Chief, other officers and other personnel that are employees of the Department as approved by the Board of Supervisors. This term shall exclude the members of the Company, who are volunteers.
COMPANY or COMPANIES
The volunteer fire company or companies appointed by the Board of Supervisors as identified in § 89-3 of this chapter, if any, to provide emergency fire and/or EMS services (also interchangeably referred to as emergency services) in support of the Department.
DEPARTMENT
The Township of East Whiteland Department of Fire and Emergency Services.
EMC
Emergency Management Coordinator.
A. 
The East Whiteland Township Department of Fire and Emergency Services is a department within the municipal government of the Township of East Whiteland established pursuant to 53 P.S. § 66553, Emergency services, of the Second Class Township Code, as amended. The Department, under the supervision of the Chief, shall use a combination of the services provided by volunteers as set forth in § 89-4 and career personnel to provide fire prevention/suppression and emergency medical services, which combination shall be at the discretion of the Chief. The Department is responsible for providing emergency services within the Township.
B. 
The Department shall consist of the Chief of Fire and Emergency Services, the Chief Fire Marshal, Deputy Fire Marshal(s), Assistant Fire Marshal(s), the Emergency Management Coordinator, and full-time and part-time firefighters employed by East Whiteland Township, other full-time Township employees who may be assigned to firefighting duties as a secondary responsibility, and other personnel designated by the Board of Supervisors.
C. 
One or more companies may be designated and authorized to provide emergency services and be recognized as an official company of the Township.
(1) 
Notwithstanding the Township's right to establish minimum requirements and administrative guidelines for any volunteer providing emergency services within the Township, the company establishes and controls its own bylaws, membership requirements, policies or procedures, officers, discipline, service or training requirements, and other rules or regulations established by the company.
(2) 
The company's Chief Officer, or designee, of each organization shall continue to be responsible for the maintenance, efficiency, and conduct of their respective company's personnel and equipment with respect to any services provided within East Whiteland Township.
D. 
Department agreement. Any volunteer fire company or emergency services provider, as a precondition to its operation in the Department, shall enter into a formal services agreement with the Township, which agreement shall implement the terms and intent of this chapter. This company or companies each shall be appointed by resolution of the Board of Supervisors, and the Board of Supervisors shall approve all formal written agreements with said company or companies in conjunction with their appointment.
A. 
The Department, and company, are hereby authorized to provide such services as determined by the Board of Supervisors and outlined in their respective fire/EMS service agreements. These services include, but are not limited to, fire prevention activities, fire suppression activities, rescue services, emergency medical services, hazardous materials incident responses, responses to natural or man-made phenomena and other dangerous situations as called upon.
B. 
The Department and company may respond to calls and provide services to municipalities outside of the Township when requested as mutual or automatic aid through the Chester County Department of Emergency Services.
C. 
The Department, and company, may also conduct and participate in training activities and drills either within or outside the Township, as may be deemed necessary to maintain proficiency in providing services as outlined in this section.
A. 
The Chief of Fire and Emergency Services shall be a duly-sworn officer of the Township, hired by the Township.
B. 
The Chief of Fire and Emergency Services shall have the authority to establish all operational policies and procedures for the Department, and company, such policies and procedures to be consistent with this chapter.
C. 
The Chief of Fire and Emergency Services, after consulting with the Township Manager, shall be authorized to recommend disciplinary actions for any volunteer member of the Department or Contract Emergency Service Provider in violation of implemented policies and procedures. Said discipline may include but not be limited to verbal or written reprimand and/or suspension and/or permanent removal from responding to and operating at fires and emergencies within the municipal boundaries of East Whiteland Township.
D. 
The Chief of Fire and Emergency Services or designee shall be responsible for determining proper dispatching of emergency units to any fire or emergency and shall coordinate communications to and from Chester County Emergency Dispatch Services regarding emergency assignments, and similar matters.
E. 
The Chief of Fire and Emergency Services or designee shall be the designated liaison between the Township Board of Supervisors, the Department, the Chester County Department of Emergency Services, and all companies.
F. 
The Chief of Fire and Emergency Services, when on scene, shall have the authority to assume the role of Incident Commander and shall have direct oversight of the Department, company, the Office of the Fire Marshal, the Office of Emergency Management and any and all related employees.
G. 
The Chief of Fire and Emergency Services shall prepare at the request of the Township Manager a budget for the annual operation of the Department for approval by the Board of Supervisors.
H. 
The Chief of Fire and Emergency Services shall submit a monthly report of the Department's activities and operations to the Township Manager.
A. 
The Chief Fire Marshal shall be a duly-sworn officer of the Township, hired by the Township, and as fully equipped as circumstances permit.
B. 
The Office of the Fire Marshal shall consist of the Chief Fire Marshal, Deputy Fire Marshal(s) and Assistant Fire Marshal(s), as appointed and assigned by the East Whiteland Township Board of Supervisors.
C. 
The Chief Fire Marshal, Deputy Fire Marshal(s) and Assistant Fire Marshal(s) shall function as Fire Code Officials as provided for in the adopted Township Fire Code, and shall enforce all laws, ordinances, codes and regulations with respect to:
(1) 
The Code of the Township of East Whiteland, as amended;
(2) 
The Township's Fire Code, as amended;
(3) 
The Township's Building Code, as amended.
D. 
Duties and responsibilities.
(1) 
The Chief Fire Marshal, Deputy Fire Marshal(s) and Assistant Fire Marshal(s) shall be duly-sworn officers of the Township.
(2) 
The Office of the Fire Marshal shall work in cooperation with the Department of Planning and Zoning, Codes Department, and shall perform the following minimum duties:
(a) 
Permitting of Fire Code related items in new construction;
(b) 
Plan review of new construction and alterations and renovations of existing systems,
(c) 
Inspections of permitted commercial construction as it relates to fire/life safety components,
(d) 
Annual inspections of commercial properties,
(e) 
Permitting of special events;
(f) 
Service request processing of fire-related items,
(g) 
Review and comment on proposed developments; and
(h) 
Other tasks as assigned by the Chief of Fire and Emergency Services.
(3) 
The Fire Marshal's Office shall be responsible for the investigation of the origin, cause and circumstances of fires and explosions that occur within the Township's borders, in support of and in cooperation with law enforcement.
(4) 
The Fire Marshal's Office shall be responsible for overseeing the collection and reporting of all statistical data as it relates to the National Fire Incident Reporting System (NFIRS). The Chief Fire Marshal shall be the sole distribution officer for any and all requested information as it relates to emergency incidents in the Township in accordance with the Right-to-Know (RTK) law.
(5) 
Training required. The Chief Fire Marshal, Deputy Fire Marshal(s), and Assistant Fire Marshal(s) shall obtain, and maintain as current and in-force, the certifications outlined in the job descriptions.
(6) 
All Office of the Fire Marshal personnel, regardless of rank, shall routinely respond to and operate at fires and emergencies as directed by the Chief of Fire and Emergency Services.
A. 
The Emergency Management Coordinator (the "EMC") shall be appointed by the Township Board of Supervisors and confirmed by the Governor upon the recommendation of the Chief of Fire and Emergency Services. The EMC shall report to and work for the Chief of Fire and Emergency Services as directed by the Township Manager.
B. 
The EMC shall be professionally competent and capable of planning, effecting coordination among operating agencies of government and controlling coordinated operations by local emergency preparedness forces according to 35 Pa. Cons. Stat. Ann. § 7502(D), as amended.
C. 
The Office of Emergency Management shall consist of the EMC, Deputy EMC, and staff members if assigned.
D. 
Each appointed EMC and/or Deputy EMC shall attend basic and advanced seminars, workshops and training conferences, maintain continuing education as called by the state director and/or official having responsibility for providing the EMC and/or Deputy EMC with in-service training.
The incident command structure to be used by the Department, and Contract Emergency Service Providers, shall be the National Incident Management System. The defined chain of command for the East Whiteland Township Department of Fire and Emergency Services and company is defined in the annual emergency services resolution.
A. 
Each member within the Department, and company, shall be qualified for their position as outlined through policy established by the Chief of Fire and Emergency Services.
B. 
The Department and, to the extent that the Township in conjunction with the Department elects to contract or otherwise have service agreements with non-Department organizations for the provision of related services, contracted non-Department service emergency service providers, including but not limited to emergency medical service (EMS), dive rescue and water recovery or other operations, are all hereby authorized to recover the reasonable cost of firefighting materials, hazardous abatement equipment and abatement materials involved in any hazardous materials incident, environmental incident or safety and rescue incident or operation, including vehicular accidents from the property owner and/or person(s) causing the need for such emergency services, as authorized by law. In addition to the aforementioned reasonable costs, such Department or non-Department organizations shall be authorized to collect reasonable interest as well as a reasonable administrative fee for collecting the same and any and all additional fees authorized by any statute, case law or common law.