[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury 3-8-2001 by Ord. No. 2001-04 (Ch. 1, Part 8, of the 2003 Code). Amendments noted where applicable.]
A. 
Purpose. The Springettsbury Township Fire Department has heretofore been established as an administrative division of the Township under the direction and control of the Township Fire Chief. The Fire Chief is charged with the authority and responsibility of supervising and directing all paid and volunteer fire, rescue and emergency medical personnel of the Township and with the duty of maintaining liaison between the two volunteer fire companies serving the Township.
(1) 
Springetts Fire Company No. 1 (Springetts Fire) and Commonwealth Fire Company No 1. (Commonwealth Fire) are officially recognized volunteer fire companies located and providing fire protection, fire police service and related emergency services in and for the Township. Springetts Fire and Commonwealth Fire are sometimes hereinafter referred to collectively as the "fire companies."
(2) 
Each of the fire companies is a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania. The fire companies own their respective fire stations and all of the emergency service vehicles and equipment used for fire protection within the Township. The Township provides substantial monetary support to the fire companies for the acquisition, operation and maintenance of emergency service equipment and the housing of such equipment in the form of annual appropriations from a special tax and the Township's general fund.
(3) 
The Township and the fire companies have agreed to the formation of a new volunteer fire company for, inter alia, the purpose of providing fire and rescue services in and for the Township. The members of the existing fire companies will automatically become members of the new company and the existing companies shall continue to exist as subsidiaries of the new company.
(4) 
The manpower to operate and maintain the emergency service equipment and housing is provided in substantial part by paid professional personnel who are employees of the Township supplemented by a declining pool of volunteers furnished by the fire companies. The Township deems it to be in the essential public interest of its residents that the decline in the number of volunteer firefighters and support personnel be arrested and reversed and that the most feasible means of doing so is to integrate the new volunteer fire company into the Fire Department.
(5) 
It is the purpose of this chapter is to integrate, unify and reorganize the fire service of the Township by incorporation of a new volunteer fire company and establishing an administrative agency of the Township to be known as the “Springettsbury Township Department of Fire and Rescue Services (Department)” with authority and responsibility for the operation and administration of all fire, rescue and emergency medical services within the Township whether performed by paid personnel or volunteers.
B. 
Legislative authority. The legislative authority for this chapter is § 1506 (General Powers); § 1527 (Public Safety); Article XVIII (Fire Prevention and Protection) and § 1528 (Ambulance and Rescue and Life Saving Services) of the Second Class Township Code.
A. 
Establishment of Department. The Department is hereby established and reestablished as an administrative agency of the Township with direct responsibility for providing the following specified emergency response and support services in and for the Township and its residents:
(1) 
Emergency response services, including, but not limited to, the control, suppression and extinguishment of fires, search and rescue for persons necessitated by man-made or natural disaster or accidents, the isolation and containment of hazardous materials and substances, rendering of assistance to other emergency service providers and generally to provide for the protection and safety of persons and property within the Township.
(2) 
Emergency medical response services, including, but not limited to, basic life support services for persons requiring emergency medical care and management of illness or injury and ambulance or transportation service for such persons to a hospital or other health care facility.
(3) 
Coordination with and providing assistance to federal, state, county and local emergency management agencies and authorities.
(4) 
Non-emergency public services to or for the use of persons and property within the Township.
(5) 
Conduct of and participation in training activities and drills, whether inside or outside of the Township, as may be deemed necessary or desirable for maintaining proficiency in providing fire protection and emergency medical response services.
(6) 
Response to emergency calls outside the boundaries of the Township, but within a reasonable service area of the fire company or ambulance service responding, or response to or for any municipality which has entered into a mutual aid agreement with the Township.
(7) 
Such other services not inconsistent with the mission of the Department which the Board of Supervisors of the Township or the Township Manager may, from time to time, direct.
B. 
Organization of Department. The Department shall be composed of the following designated entities and persons with the powers, duties and responsibilities specified or assigned to them in subsequent sections of this chapter:
(1) 
Volunteer Fire Company. Springettsbury Township Volunteer Fire Company as the officially recognized volunteer fire company in and for the Township, together with its two subsidiary companies, Springetts Fire Company No. 1 and Commonwealth Fire Company No. 1.
(2) 
Office of Fire Chief. The Township Fire Chief, Deputy Fire Chief and such administrative staffing as the Board of Supervisors shall, from time to time, approve.
(3) 
Emergency response personnel. Persons engaged as employees of the Township and persons volunteering their services to the Township through the volunteer fire company or otherwise.
A. 
Recognition of new fire company. The Township hereby extends official recognition to Springettsbury Township Volunteer Fire Company as the fire company authorized to perform emergency fire and rescue services in and for Springettsbury Township. Springetts Fire Company No. 1 and Commonwealth Fire Company No. 1 shall continue to be recognized as subsidiaries of the new company.
B. 
Organization of fire company. Official recognition of the fire company is premised and conditioned upon the following:
(1) 
Establishing and maintaining its existence as a nonprofit corporation in good standing under the laws of the Commonwealth of Pennsylvania.
(2) 
Adopting bylaws for the governance of the fire company substantially in the form attach hereto as Appendix "B."[1]
[1]
Editor's Note: Appendix "B" is on file and may be seen at the Township Office.
(3) 
Operating and conducting the business of the fire company in accordance with such bylaws, as may properly be amended, from time to time, as set forth therein.
(4) 
Recognition and acceptance of the Township Fire Chief as the Chief Administrative and Operational Officer of the Department.
(5) 
Filing with the Secretary of State Articles of Incorporation substantially in the form attached hereto as Appendix "A."[2]
[2]
Editor's Note: Appendix "A" is on file and my be seen at the Township Office.
A. 
Fire Chief. The Fire Chief of the Township shall be an individual engaged by the Township Manager and named to that position by the Board of Supervisors. The Fire Chief shall be the Chief Administrative and Operational Officer of the Department responsible for directing and administering all of the services of the Department and subordinate only to the Township's Manager to whom he or she shall report. The authority, duties and responsibilities of the Fire Chief shall include, but need not be limited to:
(1) 
The training, supervision, direction and control of all subordinate Department personnel in the performance of such personnel's assigned duties and responsibilities.
(2) 
The training, supervision, direction and control of members of the volunteer fire company while engaged in the performance of any of the services and activities specified in § 19-2A of this chapter or reasonably incidental thereto.
(3) 
The training, supervision, direction and control of Township residents who are not members of the volunteer fire company, but who volunteer their services in any capacity to the Department.
(4) 
The recruitment of volunteer personnel and the development and implementation of programs for keeping and maintaining volunteer participation.
(5) 
The promulgation of rules and regulations for the administration and operation of the Department, including the conduct of all personnel, which shall have the same force and effect as if set forth at length in this chapter. All personnel shall be afforded due process in connection with any disciplinary actions undertaken within the Department.
(6) 
Preparation of an annual operating budget for the Department, including capital expenditures for buildings and/or equipment proposed for the current budget year as provide in § 19-6 of this chapter. For this purpose the Fire Chief shall have full and complete access to the financial statements and records of the fire company.
(7) 
Preparation of a long range capital budget with annual updates as provided in § 19-6 of this chapter.
(8) 
The supervision, direction and control of all moneys expended by the Department for emergency service activities.
(9) 
Preparation of an Emergency Service Plan for the Township as provided in § 19-6 of this chapter.
(10) 
Assist the Township Manager in labor negotiations and employer/employee relations respecting Department employees.
(11) 
Maintain liaison between the Township and the fire company.
(12) 
Such other duties and responsibilities as shall, from time to time, be assigned by the Township Manager.
B. 
Deputy Fire Chief. The Deputy Fire Chief of the Township shall be an individual engaged by the Township Manager and named to that position by the Board of Supervisors. The authority, duties and responsibilities of the Deputy Fire Chief shall include, but need not be limited to:
(1) 
Assisting the Fire Chief in the performance of the Fire Chief's duties and responsibilities as specified in Subsection A.
(2) 
Performance of such duties and responsibilities as shall, from time to time, be assigned by the Fire Chief.
(3) 
When the Fire Chief is absent from the Township or is for any reason at any time unable to perform his duties and responsibilities, to exercise the authority and perform the duties and responsibilities of the Fire Chief as specified in Subsection A.
C. 
Station Fire Chiefs. The Station Fire Chiefs shall be elected by the Fire Company pursuant to its bylaws and will possess such qualification as established from time to time by the Fire Chief and be subject to his approval. When the Fire Chief and Deputy Fire Chief are absent from the Township or are for any reason at any time unable to perform their duties and responsibilities, the Station Chiefs shall exercise the authority and perform the duties and responsibilities of the Fire Chief as specified in Subsection A.
A. 
Qualifications. No person shall be engaged or be permitted to act as an emergency response employee or as a volunteer for the performance of emergency response services unless such person shall have first obtained such certification or certifications as shall be established by state or federal law or by the Fire Chief for the performance of the duties and responsibilities of the position occupied or assumed.
B. 
Fitness, education and training. All persons engaged as an employer or acting as a volunteer for the performance of emergency response services shall demonstrate physical fitness for the position sought or held, shall obtain such level of education and continuing education and such level of training and continuing training as the Fire Chief shall, from time to time, prescribe. Any person who fails any fitness qualifications or fails or refuses to obtain such education or training shall be removed from his or her position as an emergency responder.
C. 
Organizational structure. The Fire Chief, with the approval of the Board of Supervisors, may establish an organizational structure for the Department, the Fire Company Station Chiefs and any Assistant Chiefs and the emergency response personnel, employees and volunteers, under his direction and control. Any such reorganization shall include an organization chart which:
(1) 
Designates a rank or title for each classification of employee or volunteer.
(2) 
The certification, qualifications, education, training or experience required to attain such rank or title.
(3) 
The authority, duties and responsibilities of each rank or title.
(4) 
The number of positions proposed for each rank or title.
(5) 
Compensation differentials, if any, between each rank or title.
D. 
Simultaneously with submitting any proposed reorganization structure to the Board of Supervisors, if the plan affects the position of any volunteer, it shall also be submitted to the Board of Directors of the Fire Company for its review, comment and recommendation and or reorganization shall be implemented unless and until it has been discussed and/or negotiated with the appropriate collective bargaining units.
A. 
Operating budget. On or before October 1 of each year, the Fire Chief shall prepare an operating budget for the emergency service activities of the Department for the succeeding calendar year. Such budget shall incorporate the budget of the Fire Company and shall include, but need not be limited to, the following:
(1) 
The source and amount of all revenue anticipated to be available to the Fire Company and the Department during the fiscal year, including, but not limited to:
(a) 
Any unexpended balances from the preceding year.
(b) 
All revenue earned on investments held by the Fire Company or Department.
(c) 
All revenues earned or received for or on account of having rendered any emergency service.
(d) 
All revenues donated to the Fire Company or the Department or earned or received from fundraising activities.
(e) 
The amount requested by the Fire Company for appropriation by the Township.
(f) 
Any amount proposed to be borrowed by the Fire Company or the Township.
(2) 
The purpose and amount of all expenditures anticipated to be made by the Fire Company and the Department during the fiscal year, including, but not limited to:
(a) 
General operating costs of the Fire Company and Department, including administration expenses, wages and salaries, fuel, utilities, fire police expense and the purchase of materials and supplies.
(b) 
Maintenance and repair costs for land, buildings and equipment.
(c) 
Debt service on borrowed funds.
(d) 
Proposed capital expenditures for the acquisition or renovation of land, buildings or equipment.
(e) 
Transfers to a reserve fund for future capital expenditures as projected in the Department's Long Range Capital Spending Plan.
(3) 
No monies belonging or appropriated by the Township to the Fire Company shall be used to pay the wages, salaries or benefits of any emergency response personnel employed by the Township.
B. 
Financial records. The Treasurer shall submit or cause to be submitted a copy of his monthly report to the Fire Chief. The Fire Company shall annually submit its financial records for the preceding fiscal year to the certified public accountant or firm of certified public accountants appointed by the Board of Supervisors to audit the Township's financial records. Such audit shall be performed at the Township's sole expense.
C. 
Investment funds. All funds of the Fire Company shall be invested consistent with sound and prudent business practices and in accordance with Chapter 73 of the Probate, Estates and Fiduciary Code.
A. 
Inventory of capital equipment. Within six months after the effective date of this chapter, the Fire Chief and the Board of Directors of the Fire Company shall prepare an inventory of all capital emergency equipment owned, leased or used by the Fire Company in connection with its emergency service activities. Such inventory shall, inter alia, note the age, condition and degree of obsolescence attributable to each item of equipment.
B. 
Building assessment. Within six months after the effective date of this chapter, the Fire Chief and the Board of Directors of the Fire Company shall survey and inspect the buildings or parts of buildings owned, used or occupied by the Fire Company for the housing of all emergency service equipment, apparatus, materials and supplies and prepare an assessment report which shall document, inter alia, the age, condition and degree of obsolescence of each structure, the adequacy of the same for housing and maintaining emergency service equipment, accommodating emergency service personnel and providing office space or other support facilities required for emergency service operation.
C. 
Fire service plan. The Fire Chief and the Long Range Planning Committee of the Fire Company shall within two years after the effective date of this chapter, prepare or cause to be prepared a plan for addressing the existing and future fire service needs of the Township. Such plan should project such needs for a period of not less than 10 years and propose an implementation schedule. Resources for the preparation of the plan shall be the Springettsbury Township Comprehensive Plans adopted April 12, 1990, as amended and updated, the Analysis of Fire Service of Springettsbury Township, dated December 31, 1991, prepared by the Pennsylvania Economy League, Inc., and such professional consultant as the Fire Chief shall elect to engage with the approval of the Board of Supervisors of the Township and the Board of Directors of the Fire Company. Upon approval by the Board of Supervisors, the plan shall be the official Fire Service Plan of the Township.
D. 
Plan update. The Fire Chief should update the Fire Service Plan at regular intervals of not more than 10 years.
E. 
Long range capital expenditure budget. In connection with the Fire Service Plan, the Fire Chief and the Capital Equipment and Facilities Budget Committee of the Fire Company shall prepare a long range capital expenditure budget base on the plan which will document the following:
(1) 
The timing for the acquisition and estimated cost of capital emergency service equipment proposed to be added to or required for replacement of existing equipment or the rehabilitation of the same.
(2) 
The timing for and estimated cost of capital improvements or additions to, or acquisitions of land, buildings or parts of buildings and necessary fixtures for the housing of equipment and the accommodation of personnel.
(3) 
Annual depreciation or reserves required to fund the long range capital budget shall be integrated into the Department's annual operating budgets.
A. 
Effective date. This chapter shall be effective April 1, 2001.
B. 
Conflict of laws. Should any provision of this chapter conflict or be inconsistent with any state or federal law or regulation promulgated thereunder, the state or federal law or regulation shall take precedence over such provision of this chapter.