[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
Fire prevention — See Ch. 121.
[Adopted 2-2-1957 by Ord. No. 1957]
That the members of the Voluntary Fire Companies of the Township are hereby expressly authorized to perform such services and duties as they may from time to time be called upon to perform by the Director or Deputy Directors of Mifflin County Civil Defense, or their duly authorized agents.
[Adopted 4-1-2019 by Ord. No. 2019-2]
Pursuant to the Pennsylvania Workers' Compensation Act, Act of June 2, 1915, P.L. 736, Art. I, § 101 et seq., as amended (77 P.S. § 1 et seq., as amended) and, specifically, § 601, as amended (77 P.S. § 1031, as amended), members of volunteer fire departments or volunteer fire companies are included in the definition of the word "employe" or "employee" for purposes of the Act, and, accordingly, to qualify to receive workers' compensation benefits, subject to meeting the requirements of the Act, as follows:
". . . members of volunteer fire departments or volunteer fire companies, including any paid fireman who is a member of a volunteer fire company and performs the services of a volunteer fireman during off-duty hours, who shall be entitled to receive compensation in case of injuries received while actively engaged as firemen or while going to or returning from a fire which the fire company or fire department attended including travel from and the direct return to a fireman's home, place of business or other place where he shall have been when he received the call or alarm or while participating in instruction fire drills in which the fire department or fire company shall have participated or while repairing or doing other work about or on the fire apparatus or buildings and grounds of the fire company or fire department upon the authorization of the chief of the fire company or fire department or other person in charge or while answering any emergency calls for any purpose or while riding upon the fire apparatus which is owned or used by the fire company or fire department or while performing any other duties of such fire company or fire department as authorized by the municipality or while performing duties imposed by section 15, act of April 27, 1927 (P.L. 465, No. 299), referred to as the Fire and Panic Act."
Additionally, pursuant to the Second-Class Township Code, § 101 et seq., as amended (53 P.S. § 65101 et seq., as amended), specifically § 1512 (a), as amended [53 P.S. § 66512(a), as amended], the Board of Supervisors shall secure workers' compensation insurance for all its employees, including, but not limited to, volunteer firemen, killed or injured in the course of their appointed functions or while performing any other duties expressly authorized by the Board of Supervisors.
The Board of Supervisors hereby confirms that the recognized and authorized volunteer fire companies located within the Township of Derry are and shall be as follows:
In addition to the specific recognized duties as set forth in the Workers' Compensation Act, aforesaid, the performance of "any other duties as authorized by the municipality," in this case the Township of Derry, shall expressly be when a member of one of the aforesaid recognized and authorized volunteer fire companies is engaged in the performance of any duty, including, but not limited to, fund raising activities, duly authorized by either the President or, in his or her absence or disability, the Vice President, or the Fire Chief or other person in charge of the applicable recognized and authorized Volunteer Fire Company on behalf of the said volunteer fire company, and conditioned upon prior notification, review, authorization and approval of the Supervisors at a meeting of the Board of Supervisors.