Township of Mahoning, PA Chapter 29 Fire Department

[HISTORY: Adopted by the Board of Supervisors of the Township of Mahoning 8-20-2007.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 29, Fire Department, adopted 5-29-1996.

§ 29-1 Establishment; reaffirmation.

There is hereby reaffirmed and established the Mahoning Township Fire Department, hereinafter referred to as "Fire Department."

§ 29-2 Fire Company.

A. The Fire Department shall consist of the following Fire Company situate within the Township of Mahoning: East End Fire Company (Station 60).

B. No other Fire Company shall be a part of the Fire Department unless the Fire Company shall be added to the Fire Department by an official resolution of Mahoning Township Supervisors upon recommendation of the Fire Board. All members of the said Fire Company shall henceforth be members of the Fire Department and shall be subject to this chapter and all rules and regulations promulgated hereunder.

§ 29-3 Fire Chief.

[Amended 8-20-2007[1]]

The head of the Fire Department shall be the Chief of the Fire Department, and directly subordinate in command to the Fire Chief shall be the Deputy Fire Chief. The Chief of the Fire Department, and the Deputy Fire Chief in the Chief's absence, shall have the following duties and powers:

A. The Fire Chief shall be responsible to the Mahoning Township Supervisors and the Mahoning Township Fire Board for the proper administration and operation of the Fire Department and the discipline of its members;

B. The Fire Chief shall make such general orders and rules as may be necessary for the care, maintenance and protection of the property of the Fire Department and property of the Township used by the Fire Department, for the conduct of the members of the Fire Department and the overall operations of the Fire Department;

C. The Fire Chief shall, with the assistance of the Fire Board, periodically review the Fire Department's recommended operating procedures and make changes as may be necessary for the better operation of the Fire Department;

[Amended 8-20-2007[2]]

[2] Editor's Note: Amended at time of adoption of Code.

D. The Fire Chief shall take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property from fire and shall perform all duties imposed by all municipal laws respecting fire prevention and shall exercise the power and duties imposed by this act;

[Amended 8-20-2007[3]]

[3] Editor's Note: Amended at time of adoption of Code.

E. The Fire Chief shall be responsible for the enforcement of this chapter, Fire Department rules and regulations and Fire Department recommended operating procedures;

F. The Fire Chief shall be in full and complete charge and control of all fire-fighting personnel at all fires and emergencies responded to by the Mahoning Township Fire Department within the Fire Department's jurisdiction;

G. The Fire Chief shall report all fires to the proper authorities as prescribed by Pennsylvania State Fire Laws;

H. The Fire Chief shall have the power to reprimand, suspend or recommend dismissal of any member of the Fire Department or any Fire Company in the Fire Department pursuant to § 29-8 hereof;

I. The Deputy Fire Chief shall assist the Fire Chief and carry out the orders of the Fire Chief. In the absence of the Fire Chief, the Deputy Fire Chief shall act as the Fire Chief and perform all the duties and powers of the Fire Chief as provided in this chapter. In the absence of the Fire Chief and Deputy Fire Chief, the ranking Fire Department officer will assume the duties and responsibilities of the Fire Chief;

J. The Fire Department officer in charge shall have the authority to order or purchase the necessary equipment or material as deemed necessary in performance of the Fire Department officers' duties during an emergency situation in the Township of Mahoning;

K. The Fire Department officer in charge has the responsibility for the direction of the Township Fire Police during an emergency in the Township of Mahoning in concert with the Chief of Police and/or his designee or, if none, the Pennsylvania State Police, who are delegated control and authority under Pennsylvania Criminal Law and Criminal Procedure Code Section 7, page 462, and the Fire Police Procedural Manual, page 6.

[1] Editor's Note: Amended at time of adoption of Code.

§ 29-4 Fire Board.

There is hereby established a Fire Board of the Mahoning Township Fire Department which shall consist of eight representatives from the Fire Company comprising the Fire Department and the Fire Chief. The Fire Company which forms the Mahoning Township Fire Department shall annually elect or appoint eight representatives to the Fire Board in order to fill the eight positions. The Fire Board shall meet once a month, or more frequently if necessary, in order to conduct business of the Fire Department not directly governed by the Fire Chief and shall have such other powers as are granted by this chapter.

§ 29-5 Requirements for Fire Chief and Deputy Fire Chief.

The requirements for any person serving as Fire Chief and Deputy Fire Chief shall be as follows:

A. The candidate shall have at least five years' active service in fire-fighting service, two years in the Fire Department and reside within five road miles of the Fire Company Station.

B. The candidate shall have attended and successfully completed the following courses or their equivalent prior to the candidate's appointment as Fire Chief or Deputy Fire Chief:

(1) Fire Fighting I and Fire Fighting II, Fundamentals of Fire Fighting and Advanced Fire Fighting or Essentials Basic Module.

(2) Fire Department Officership.

(3) Arson.

(4) Hazardous Materials Recognition and Identification.

(5) Hazardous Materials Operations Level.

(6) Pump.

(7) Building Construction.

(8) National Incident Management System.

(9) Incident Command.

(10) Water Rescue Awareness (not a requirement for Deputy Chief).

(11) National Response Plan.

C. The candidate must have served as a Fire Department line officer for a period of at least one year within the previous eight years prior to the election. In addition, every person elected Fire Chief or Deputy Fire Chief shall make a reasonable effort to attend the following fire-fighting schools, if not previously attended:

(1) Vehicle Rescue Course.

(2) Rescue Practice.

(3) Aerial Apparatus Operations.

(4) Rural Fire Fighting.

(5) Fire Prevention and Inspection.

(6) Fire Department Management.

D. Before election to Fire Chief or Deputy Fire Chief, the candidate must have attended 25% of the alarms of the Fire Department for the prior year.

E. Final approval for the rank of Fire Chief or Deputy Fire Chief will be the responsibility of the Board of Supervisors.

F. The candidate must have a current Pennsylvania driver's license.

G. The candidate must be qualified on all pieces of apparatus within his respective Fire Company.

H. The terms of the Fire Chief and Deputy Fire Chief shall be two years. They shall be subject to having separate elections after each term.

I. In the event of a Fire Chief's vacancy, the Deputy Fire Chief shall be given the option to move up to Fire Chief. There will be no automatic or mandatory moveups in rank. All other vacancies shall be filled by election by the Fire Company.

J. The Fire Chief may be removed from office by the Township Supervisors or the Fire Board with a three-fourths majority vote. A Fire Board removal hearing would be chaired by the Deputy Fire Chief.

§ 29-6 Department membership requirements.

Membership in the Mahoning Township Fire Department shall be limited to individuals who are active members of the Fire Company officially designated as part of the Mahoning Township Fire Department and who have met the requirements as set forth by the Fire Board. Members of the Fire Department shall comply with the following requirements:

A. Each member shall regularly attend training held by the Fire Department and shall actively participate in other functions of the Mahoning Township Fire Department;

B. Each member shall attend fire-fighting schools complying with the minimum training standards under Fire Department recommended operating procedures after joining the Fire Department;

C. No member shall participate in any activities of the Mahoning Township Fire Department while under the influence of intoxicating beverages or a controlled substance;

D. New members of the Fire Department shall undergo orientation and training as provided in the Department's recommended operating procedures;

E. Members who fail to meet these requirements after a reasonable period of time shall not receive or maintain a personal paging device and shall not perform on the fireground, wear self-contained breathing apparatus, handle fire streams, climb ladders, use specialized tools or be a Fire Company line officer;

F. Junior members of the Fire Department shall be limited to duties allowed by the Pennsylvania Child Labor Law, 43 P.S. § 41 et seq. (Act of 1915, P.L. 286), any amendment to said law, and all other applicable federal and state law.

G. The Mahoning Township Supervisors, upon signing this chapter, shall allow junior members to participate in fund-raising events and authorize coverage of the same under workers' compensation insurance.

§ 29-7 Captain of Fire Company.

The Fire Company, which is a part of the Mahoning Township Fire Department shall elect a Captain to be in charge of the fire-fighting equipment. The Captain of the Fire Company shall meet the requirements set forth in Mahoning Township Fire Department ROP and shall be directly responsible to and carry out the orders of the Fire Chief.

§ 29-8 Reprimand; suspension or dismissal.

The Fire Chief shall have the power to reprimand, suspend or recommend for dismissal from the Fire Department, any member or Fire Company for insubordination, inefficiency, misconduct, failure to respond to alarms, failure to participate in training or noncompliance with any of the provisions of this chapter or the Fire Department's recommended operating procedures that, in the opinion of the Fire Chief, would be detrimental to the discipline and efficiency of the Fire Department. Within five days after the suspension of any member, the Fire Chief shall report the suspension to the Board of Supervisors and the Fire Board along with the Fire Chief's recommendation for the term of the suspension or for a dismissal. No member or Fire Company shall be dismissed from the Fire Department unless the member or Fire Company has an opportunity for a hearing before the Fire Board, provided that a written request for such hearing is received by the Fire Board within seven days after receipt of a notice of proposed dismissal. Any dismissal of a Fire Company from the Fire Department by the Fire Board shall be subject to rejection or approval by the Board of Supervisors.

§ 29-9 Response to calls.

The Fire Department shall respond to all calls for aid as outlined in the Department's recommended operating procedures and in all mutual aid contracts entered between the Township and other municipalities.

§ 29-10 Unauthorized organizations.

No organization formed for the purpose of fighting fires or providing emergency services shall respond to a fire alarm or appear at the scene of a fire or emergency as a fire-fighting organization within the Township of Mahoning or as fire-fighting assistance or a mutual aid contract with municipalities served by the Township of Mahoning unless the organization is recognized by the Mahoning Township Fire Board as an accredited Fire Department. All persons at the scene of a fire or emergency within the Township of Mahoning shall be subject to the order and direction of the Fire Chief or his designated representative, and any person disobeying his orders, including an order to leave the scene of the fire or emergency, shall be in violation of this section of this chapter.

§ 29-11 Violations and penalties.

[Amended 8-20-2007[1]]

Any person who shall violate the provision of § 29-10 of this chapter, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[1] Editor's Note: Amended at time of adoption of Code.

§ 29-12 Additional remedies.

The penalties and remedies provided in this chapter are not mutually exclusive and do not preclude the use by the Township of a complaint in equity to compel compliance with the provisions of this chapter.

§ 29-13 Employment status.

The members of the Fire Department shall in no way be deemed to be employees of the Township by virtue of this chapter, except for the purpose of workers' compensation insurance while on duty for the Fire Department.