[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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]
A.
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."
B.
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.
[Amended 7-20-2020 by Ord. No. 2020-3]
The Board of Supervisors hereby confirms that the recognized
and authorized volunteer fire companies located within the Township
of Deny are and shall be as follows:
Name
|
Address
|
---|---|
Chief Logan Volunteer Fire Department
|
425 Highland Avenue
Lewistown, PA 17044
|
Yeagertown Volunteer Fire Company, Inc.
|
8 South Main Street
Yeagertown, PA 17099
|
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.