[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Editor's Note: This ordinance also superseded former Ch. 29,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.
There is hereby reaffirmed and established the Mahoning Township Fire
Department, hereinafter referred to as "Fire Department."
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.
[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;
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.
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.
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:
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.
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.
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.
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.
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.
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.
[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.
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.
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.
