[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hanover 6-17-1996 by Ord. No. 1996-4; amended in its entirety 12-20-2004
by Ord. No. 2004-14. Subsequent amendments noted where applicable.]
In accordance with Section 1801 and 1803 of the Pennsylvania Second
Class Township Code,[1] the purpose of Chapter 19 is to establish fire protection in West Hanover Township; ensure basic oversight, control measures, procedures and regulations governing conditions which could impede or interfere with effective fire services in the Township; and to authorize and permit activities for volunteer fire fighter personnel for workers' compensation purposes. Notwithstanding anything contained in this chapter to the contrary, neither the recognition of the fire company nor the authorization or permission herein granted to the fire company shall be construed as constituting the fire company as an agent, agency, department or employee of West Hanover Township, except insofar as such effect is provided under the provisions of the Pennsylvania Workers' Compensation Act,[2] or the Pennsylvania Political Subdivision Tort Claims Act.[3]
As used in this chapter, the following terms shall have the meanings
indicated below:
An outlay of funds to acquire fixed assets or additions to them,
when an example of fixed assets may be major road and highway repairs; road
rebuilding projects; parking lot construction; sidewalk and pedestrian paths;
stormwater drainage and storm management facilities; construction of public
buildings and similar permanent structures; major building improvement and
infrastructure systems in public buildings; the purchase of public land; the
purchase of major equipment; engineering or architectural studies and services
related to a public improvement; and all outlays financed by long-term debt.
In West Hanover Township a capital expenditure typically is an item that costs
in excess of $4,000 and has a useful life of multiple years.
A group of appointed officials organized on a temporary basis by the Board of Supervisors for the general purposes of appropriately overseeing and coordinating the management of a fire company recognized in Chapter 19, but has failed to comply with the requirements of Chapter 19 and has been found by the Board of Supervisors to be delinquent and unable to provide adequate fire-protection services to the Township. Specific tasks and duties of the Fire Board are established by resolution of the Board of Supervisors, which may include but may not be limited to providing for the improvement, advancement and development of the fire services within a delinquent fire company and/or establish funding priorities and mechanisms and to do any and all necessary business for the delinquent fire company to provide adequate fire service in the Township.
Any organized fire company which responds in West Hanover Township
for the purpose of extinguishment of a fire or other emergency involving protection
of life and/or property or when its assistance has been requested by the officer
in charge of the incident.
Any motor vehicle controlled by a volunteer fire company, the principal
purposes of said vehicle being the fighting of fires or supplying of related
services including emergency services. Essential fire company vehicles include
those such as a Class A pumper or rescue vehicle. All other vehicles are nonessential
in nature.
A formal or informal agreement by two or more fire companies to agree
to cooperatively provide upon request such aid, fire protection and suppression
personnel and to make available such equipment or facilities as may be needed
for the suppression of fires or the duties and responsibilities associated
with saving lives and property within the jurisdictional areas of the requesting
department; provided that the personnel, equipment or facilities requested
are not otherwise required within a fire company's jurisdiction.
National Fire Protection Association.
The Fire Chief of the fire company or designee in whose district
the emergency occurs or, in his absence, the next ranking officer following
the chain of command established by the rules of the fire company in whose
district the emergency occurs.
A fire company organized, recognized and existing under the laws
of the Commonwealth of Pennsylvania and authorized to act within West Hanover
Township.
An active member of a volunteer fire company who is a member in good
standing of said volunteer company.
The West Hanover Township Fire Company #1 (hereafter "fire company")
organized and existing in the Township of West Hanover, Dauphin County, Pennsylvania,
is hereby designated as the officially recognized fire company for the Township.
Volunteer fire fighters in West Hanover Township, including any paid firefighter who performs the services of a volunteer firefighter during off-duty hours, are deemed to be West Hanover Township employees only when actively engaged in authorized duties as fire fighters; or while going to or returning from a fire emergency call which the fire company attended, including travel from and the direct return to a firefighter's home, place of business or other place when he/she shall have been when call or alarm was received. The authorized duties and activities listed in Chapter 19, § 19-4, are the sole duties and activities authorized by the Board of Supervisors of West Hanover Township to be performed by volunteer fire companies or their members. Any other activities performed by volunteer fire companies or their members shall be deemed as outside of the scope of the office or duties of volunteer fire companies and undertaken at the sole risk of the company and individual members, unless authorized in writing by the Board of Supervisors. Authorized duties and activities are as follows:
A.
The fire company is hereby authorized to provide such
services to the Township as may be necessary for the protection of property
and persons situated therein, which include, by way of example and not of
limitation, the extinguishment and prevention of loss of life and property
from fire, motor vehicle accident, medical emergencies, hazardous materials
incidents and other dangerous situations.
B.
The fire company is permitted to provide nonemergency
and public service functions to the Township, 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.
The fire company is permitted to conduct and participate
in such training activities and drills, either within or outside of the Township,
as may be deemed necessary by the officer of the fire company to maintain
proficiency in providing services.
D.
The fire company is permitted to respond to calls and
provide services to municipalities outside of the Township with which it maintains
mutual response agreements.
E.
The fire company is permitted to engage in inspections
and tours of private property in the Township, when invited, for fire prevention,
planning and training purposes, preplanning, public education programs, testing
of fire protection equipment or systems, open houses, and other fire prevention
activities, when authorized by the Fire Chief or his/her designee.
F.
The fire company may conduct scheduled special work details
at fire stations related to maintenance activities and recruitment programs.
G.
Engage in fund-raising activities for the fire company
when authorized by an officer or officers of the fire company and attend parades
and similar civic activities when authorized by the Board of Supervisors.
In addition to actually participating in the activities of the fire company as authorized in § 19-4 above, the members of the fire company are also authorized by the Township to do the following:
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(Reserved)
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A.
Interference with volunteer fire company operations.
In accordance with Pennsylvania Title 18 and this chapter, it shall be unlawful
to interfere with, attempt to interfere with, conspire to interfere with,
obstruct or restrict the mobility of, or block the path of travel of any volunteer
fire company emergency vehicle in any way or to interfere with, attempt to
interfere with, conspire to interfere with, obstruct or hamper any volunteer
fire company operation.
B.
Compliance with orders. A person shall not willfully
fail or refuse to comply with any lawful order or direction of the officer
in charge or designee to interfere with the compliance attempts of another
individual.
C.
Vehicles crossing fire hose. A vehicle shall not be driven
or propelled over any unprotected fire hose of a fire company when laid down
on any street, alleyway, private drive or any other vehicular roadway without
the consent of the officer in charge or designee of said operation.
D.
Unlawful boarding or tampering with fire company emergency
equipment. A person shall not, without proper authorization from the officer
in charge or designee of said fire company emergency equipment, cling to,
attach himself to, climb upon or into, board or swing upon any fire company
emergency vehicle, whether the same is in motion or at rest, sound the siren,
horn, bell or other sound-producing device thereon or manipulate or tamper
with or attempt to manipulate or tamper with any levers, valves, switches,
starting device, brakes, pumps or any equipment or protective clothing on
or a part of any fire company emergency vehicle.
A.
All appropriations made by West Hanover Township to or
for the use of the fire company, whether of money or property, and all equipment
purchased by the fire company by use of such appropriations, or purchased
by West Hanover Township for use by the fire company, shall be deemed to be
and shall continue to be the property of West Hanover Township.
B.
None of the fire apparatus or capital equipment owned by the fire company or by West Hanover Township shall be permanently removed or sold without the consent of the Board of Supervisors of West Hanover Township; and, except for the conduct of activities authorized or permitted in § 19-4, none of the fire-fighting apparatus or equipment shall be temporarily removed from the Township without the prior approval of the Board of Supervisors.
C.
No capital expenditures shall be made by the fire company,
which shall require it's borrowing of money or the pledge of its credit
without the prior approval of the Board of Supervisors.
D.
On or prior to November 1, each year the fire company
shall submit to the Board of Supervisors of West Hanover Township its proposed
budget of revenues and expenses for the forthcoming fiscal year for review
and approval by the Board of Supervisors.
A.
Required financial reporting and Township appropriations.
In accordance with Section 1803 of the Pennsylvania Second Class Township
Code[1] and as required herein, all fire companies recognized in § 19-3 shall annually submit to the Board of Supervisors a report of use of appropriated moneys for each completed year of operation before any further payments are made to the fire company for the current year in such sum(s) that in the opinion of said Board may be necessary in support of fire company facilities and training in accordance with Section 1803(a) of the Pennsylvania Second Class Township Code.
[1]
Editor's Note: See 53 P.S. § 66803.
B.
Disbursements. Appropriated funds derived from local
taxes levied in accordance with Section 1803(a) of the Pennsylvania Second
Class Township Code and appropriated to the Fire Tax Fund shall be disbursed
by the Board of Supervisors to a fire company employing either of two methods:
(1)
Requests for funds to be paid to vendors shall be made
to the Board of Supervisors at their regularly scheduled meetings. If approved
by the Board of Supervisors, the Township shall disburse cheek(s) to the fire
company written to vendor(s).
(2)
Reimbursement for expenses paid to vendors by the fire
company shall occur after the Board of Supervisors has reviewed the list of
invoices paid and approved such prepaid expenses at its regular scheduled
meeting.
C.
Other fire company regulations and reporting requirements.
In accordance with Section 1803(b) of the Pennsylvania Second Class Township
Code,[2] the Board of Supervisor establishes the following regulations and reporting requirements for fire companies serving the Township. Compliance with the following standards by a fire company is required to ensure the Board of Supervisors is able to monitor activities and performance of the fire company and to meet fundamental fire services performance expectations and maintain good working order, as anticipated by the Board of Supervisors. Failure to comply with these standards may cause the Board of Supervisors to initiate a notice of delinquency of service in accordance with Chapter 19, § 19-10. The requirements for fire companies are as follow:
(2)
A charter has been granted to such fire company by the
proper court under the laws of the Commonwealth of Pennsylvania.
(3)
Such fire company shall own at least one motorized apparatus
which complies with today's minimum standards such as, but not limited
to current National Fire Protection Association (NFPA) standards or as licensed
by the Pennsylvania State Department of Health.
(4)
Such fire company shall have communications equipment
capable of receiving and transmitting on the frequencies designated by West
Hanover Township and/or the Dauphin County Emergency Management Agency (EMA)
as the fire and rescue band frequency for the Township. The aforesaid communications
system is approved, if, required by law, federal and state permits, licenses
and/or approvals are obtained.
(5)
All apparatus owned by such fire company shall meet the minimum requirements as set forth in § 19-7 of this chapter.
(6)
Such fire company shall have an alarm system that is
deemed adequate to alert its volunteer fire fighters.
(7)
Such fire company either owns or leases within the boundaries of the Township a suitable building of sufficient size to house fully equipped, approved apparatus meeting the requirements set forth in § 19-7 of this section.
(8)
The officer in charge and all designated line officers
of such fire company are full-time residents of West Hanover Township or a
municipality contiguous thereto.
(9)
All bylaws, and amendments thereto, of a fire company recognized in § 19-3 of this chapter shall be provided to the Township and kept current and on file with the Township Secretary. All amendments to any bylaws shall be presented to the Township within 45 days of adoption.
(10)
Such fire company shall annually provide to the Township
a certification of insurance from its insurance carrier.
(11)
Such fire company shall annually before August 31 of each year provide to the Township a complete membership list that will include the officer in charge and all designees or other ranked officers/positions. The membership list will also include all active volunteer fire fighters in good standing with the fire company and who are qualified by training or other measures established by the fire company to be engaged during a fire call and perform fire-protection duties and activities authorized under § 19-4 of this chapter. The membership list will also designate all qualified apparatus drivers and summarize all training activities completed by the members.
(12)
Such fire company shall provide to the Township a listing
of all fire apparatus (vehicles) that carry hose, ladders and contain pumps
used in fire suppression in the Township. Such fire company shall annually
test all fire pumps in accordance with Section 1911, Standard for Service
Tests on Automotive Fire Department, of the NFPA standards and provide a test
report to the Township Board of Supervisors indicating the date, time, duration
and results of each pump test. The fire pump testing schedule shall be established
by the Fire Chief to insure the equipment meets the intent of the requirements
of NFPA. At a minimum, pumping equipment testing shall be scheduled and conducted
within a twenty-four-month testing period. The results of all pump tests shall
he kept on record and readily available for a period of five years.
[Amended 5-1-2006 by Ord. No. 2006-6]
(13)
Such fire company will provide a registered inventory
of all ladders owned by the fire company and used in fire suppression in the
Township. Such fire company shall annually test or cause to be tested all
ground ladders used in fire suppression in accordance with NFPA 1932 standards
and provide a report to the Township Board of Supervisors indicating the date,
time, duration and results of each ladder test. The ladder testing schedule
shall be established by the Fire Chief to insure the ladder meets the intent
of the requirements of NFPA. At a minimum, ladder testing shall be scheduled
and conducted within a twenty-four-month testing period. The results of all
ladder tests shall be kept on record and readily available for a period of
five years.
[Amended 5-1-2006 by Ord. No. 2006-6]
(14)
Such fire company shall annually test or cause to be
tested all fire hoses used in fire suppression in accordance with Section
1962, Standards for Testing of Fire Hose, of the NFPA standards and provide
a report to the Township Board of Supervisors indicating the date, time, duration
and results of each hose test. The fire hose testing schedule shall be established
by the Fire Chief to insure the equipment meets the intent of the requirements
of NFPA. At a minimum, fire hose testing shall be scheduled and conducted
within a twenty-four-month testing period. The results of all hose tests shall
be kept on record and readily available for a period of five years.
[Amended 5-1-2006 by Ord. No. 2006-6]
(15)
Such fire company shall, at a minimum, provide activity
reports and/or incident reports to the Board of Supervisors on regular quarterly
basis illustrating the number of calls, type of calls and number of fire fighters
responding and similar information in a standard presentation format. At the
end of each year standard activity report summary will be provided to the
Board of Supervisors for review.
[2]
Editor's Note: See 53 P.S. § 66803(b).
D.
Other financial reporting. In order to maintain an understanding
of the fire company's financial needs, the fire company shall annually
submit a report of its financial condition for the calendar year and an adopted
budget for the fire company.
The members of the fire company are further authorized to elect from
their membership such officers as may be provided in the bylaws of the fire
company.
A.
The West Hanover Township Board of Supervisors provides for fire protection in West Hanover Township and requires that a fire company recognized under § 19-3 of this chapter operate and be managed in accordance with the laws of the Commonwealth of Pennsylvania, Chapter 19 of the Township Code, the fire company's bylaws, and the standards of fire protection of the NFPA. Failure to adhere to these expectations and requirements or failure to do what law or duty requires constitutes a delinquency of service. Should the Township Board of Supervisors believe that for any reason the fire company is in noncompliance and not provide adequate fire protection to the Township, the Board of Supervisors shall direct the Township Manager, Fire Marshal and/or other designee to investigate and examine the reasons for noncompliance using the following process:
(1)
The Township Manager and/or Fire Marshal and/or other
designee will contact the fire company's Chief Administrative Official,
in writing, and indicate the findings by the Township of noncompliance in
a noncompliance notification letter.
(2)
Within the noncompliance notification letter, the Township
Manager, Fire Marshal or other designee will coordinate with the fire company's
Chief Administrative Official the date(s), times and place to hold a meeting
to discuss the findings, service concerns and/or compliance concerns and deficiencies
with the Chief Administrative Officer, the Fire Company Liaison Committee
or other duly acknowledged representatives of the fire company.
(3)
Within 10 days following the meeting with the fire company's
Chief Administrative Office, Liaison Committee or duly appointed representatives,
the Township Manager, Fire Marshal and/or other designee will present, in
writing, to the Board of Supervisors all findings and the current disposition
of all findings as a result of the meeting. A copy of the findings and disposition
comments will also be forwarded to the fire company.
(4)
Following receipt by the fire company of the findings
summary letter, the fire company will have 15 days to contact the Township
Manager and schedule a presentation for the next Board of Supervisors meeting
for the purpose of discussing the findings and the disposition of the findings
and responding to the compliance issues.
(5)
If the fire company adequately addresses the noncompliance
findings and agrees to any corrective actions or measures approved by the
Board of Supervisors related to the findings and the disposition of the findings,
the fire company shall be deemed to be in compliance. Upon appropriate motion
and approval by the Board of Supervisors, the Township Manager, Fire Marshal
and/or other designee will provide written notification of compliance.
(6)
If noncompliance is sustained, the Board of Supervisors by majority motion may issue a notice of delinquency of service and initiate the delinquency of service process outlined in § 19-10B and other actions provided in § 19-10. The Board of Supervisors may also to ensure public safety is maintained in the Township.
B.
Delinquency of service. In the event that a fire company established to provide fire protection or other emergency services and recognized in § 19-3 by West Hanover Township, or any successor organization, shall at any time after the establishment of this chapter fail to maintain the fire-protection service with a reasonable level of working order, in accordance with established standards, guidelines and agreements to operate and manage in accordance with the laws of the Commonwealth of Pennsylvania, Chapter 19 of the Township Code, the fire company's bylaws, and NFPA, the Board may serve written notice of delinquency of service upon the fire company and its officers stating:
(1)
The manner in which the fire company has failed to maintain
public fire-protection service in a reasonable condition and issues related
to noncompliance and delinquency of service.
(2)
A demand that such deficiencies, issues of noncompliance
and delinquency of service related to this chapter and the fire protection
of West Hanover Township be corrected within 30 days.
(3)
A schedule for presenting to the Board of Supervisors
an explanation for such deficiencies, issues of noncompliance and delinquency
of service related to this chapter and the fire protection of West Hanover
Township.
(4)
The date and places of public hearing, which shall be
held within 45 days of the notice.
C.
Public hearing for delinquency of service. At such a
hearing, the Board of Supervisors may amend the terms of the original notice
of delinquency of service concerning the deficiencies and may give an extension
of time within which the fire company shall correct them. If the deficiencies
or any modifications thereof were not corrected within 30 days of the notice
of delinquencies referred to above or within any agreed-upon extension of
time, the Township Board of Supervisors may intervene in the operation of
the fire company through a resolution establishing a Fire Board in accordance
with the provision of this chapter.
D.
Formation of the Fire Board. If after the public hearing
for delinquency of service, the Board of Supervisors determines that delinquencies
exist and that a fire company is not performing effectively and providing
adequate fire-protection services, the Board of Supervisors may form a Fire
Board as follows:
(1)
The Fire Board shall be established by resolution passed
by the Board of Supervisors and shall be maintained for an initial period
of one year. The Fire Board shall be established and have authority over all
functions of fire-protection service currently maintained by the delinquent
fire company including, but not limited to, the administration, collection
of revenues, payment of charges, organization of officers and similar administrative
and operational functions. The Fire Board will provide direct guidance and
direction over the delinquent fire company in addressing all operational problems
that have contributed in whole or in part to the delinquency of service. If
a Fire Board is established by resolution, the delinquent fire company shall
be subject to the jurisdiction and control of the Fire Board and shall at
all times conform to any and all rules and regulations adopted by said Board,
anything in the constitution and bylaws of any fire company to the contrary
notwithstanding.
(2)
Rights of the fire company. Establishment of the Fire
Board shall not constitute a taking or disbandment of the fire company, nor
vest in the Township any rights above those provided for by the Pennsylvania
Second Class Township Code and other relevant laws of the Commonwealth of
Pennsylvania.
(3)
Duties and responsibilities. The specific duties and
mission of the Fire Board shall be established in detail by a resolution passed
by the Board of Supervisors. At a minimum, the Fire Board shall accomplish
the following:
(a)
The Fire Board shall retain fire company operability
and shall maintain such minimum standards of operation of the fire company
as the Township Board of Supervisors may prescribe and shall develop plans
and make suggestions for improving such standards and shall report such plans
and suggestions to the Township Board of Supervisors.
(b)
Authority. The Fire Board shall have the authority to
remove, appoint or affirm all fire company officers, ancillary boards and
committee members to serve in various capacities as specified in the fire
company bylaws.
(c)
The Fire Board shall have approval authority over all
fire company financial expenditures and administrative matters.
(d)
The Fire Board shall appoint its own clerk(s) or administrative
officers from the membership of the fire company to implement day-to-day tasks
of the fire company and who shall serve at the pleasure of the Fire Board.
(e)
The Fire Board shall determine the tasks to be performed
and the powers entitled to the officer in charge and administrative officers
during the period of delinquency.
(f)
Organization of the Fire Board. The Fire Board shall
consist of five members with each Fire Board member having staggered terms
from one to five years. Thereafter a new member shall be appointed by the
Board of Supervisors each year for a term of five years, or until a successor
is appointed and qualified, with no more than two members being reappointed
or replaced during any future calendar year. The organizational procedures
will continue to remain in effect until the Board of Supervisors deems the
delinquency of service to be corrected.
E.
Correction of delinquency; burden of proof. Before the expiration of one year from the determination of delinquency and formation of the Fire Board, the Township shall, upon its initiative or upon request of a fire company representative, call a public meeting upon notice to the fire company. At the public hearing, the fire company shall be provided with an opportunity to show cause as to why the Fire Board shall not, at the option of the Township, continue for a succeeding year. If the Board of Supervisors shall determine that the fire company is capable to resume service and to maintain compliance with the laws of the Commonwealth of Pennsylvania, Chapter 19 of the Township Code, the fire company's bylaws, and NFPA or other deficiencies, the Township Board of Supervisors shall by resolution cease to maintain the formation of the Fire Board at the end of said year, or a date to be mutually determined by the fire company and the Township which is suitable for the effective transition. If the Board shall determine, at the recommendation of the Fire Board, that the fire company is still delinquent, the Board of Supervisors shall, at its discretion, continue to reaffirm the Fire Board for a next succeeding year and, subject to a similar hearing and determination, in each year thereafter in accordance with this section.
F.
Any and all costs to the Township incurred as a result
of administering and operating the fire company (e.g., mailing expenses, staff
time, travel) and any additional penalties or fees set by the Township shall
be paid by fire company or Fire Board.
A.
Unless otherwise provided in this chapter or by action of the West Hanover Township Board of Supervisors, no fire company recognized in § 19-3 of this chapter or its officers, members, representatives, agents, servants or employees shall have the power or authority, either actual, apparent or implied, to contractually bind or create contractual liability on the part of West Hanover Township or any other municipal entity.
B.
It is recognized that a fire company, as specified in § 19-3, when engaged in activities and duties specified in § 19-4, is a governmental agency and that its officers, members, representatives, agents, servants or employees are included within the provisions of the Political Subdivision Immunity Act, 42 Pa.C.S.A. § 8541 et seq., and, as such, said West Hanover Township fire company, its officers, members, representatives, agents, servants and employees are entitled to immunity from tort liability under the Pennsylvania Political Subdivision Tort Claims Act and to all rights and privileges as provided in said act.
Any person who shall violate any provisions of this Chapter 19, § 19-6 shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.
Nothing in this chapter hereby adopted shall be construed to affect
any suit or proceeding impending in any court, or any rights acquired, or
liability incurred, or any cause of action acquired or existing, nor shall
any just or legal right or remedy or any character be lost, impaired or affected
by this chapter.
