[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 11-9-1993 by Ord. No. 93-3 (Ch. 7, Part 4, of the
1991 Code of Ordinances). Amendments noted where applicable.]
Fairview Township hereby recognizes the Fairview Township Volunteer
Fire Company, Inc., which has been organized by the residents of said
Fairview Township. No other organizations dedicated to the fighting
of fires are authorized to operate within Fairview Township except
for those acting under a mutual aid or other agreement approved by
the Board of Supervisors.
The Fairview Township Volunteer Fire Company, Inc., is hereby
given all power, so far as Fairview Township has power to grant the
same, to enact such rules and regulations for the management and government
of individual members thereof as shall be necessary for the proper
maintenance and control of said Volunteer Fire Company, Inc., as an
agent, Department, or employee of Fairview Township except insofar
as such effect is known as the "Pennsylvania Workmen's Compensation
Act,"[1] or the Act of November 26, 1978, P.L. 1399, No. 330, known
as the "Political Subdivision Tort Claims Act."[2]
The members of Fairview Township Volunteer Fire Company, Inc.,
may elect from their number such officers as may be provided by the
bylaws of the Fire Company.
All appropriations made by Fairview Township to or for the use
of said Fire Company shall continue to be the property of Fairview
Township. None of the fire apparatus or equipment so belonging to
Fairview Township shall be permanently removed from Fairview Township
without consent of the Board of Supervisors thereof.
[Added 7-26-1999 by Ord. No. 99-7]
The Fairview Township Volunteer Fire Company, Inc., is hereby
authorized to obtain reimbursement and recovery of response costs
to a hazardous material incident or such other emergency where the
response was necessary or appropriate under the circumstances.
A.
The Fairview Township Volunteer Fire Company, Inc., is hereby authorized
to recover response costs as set forth below, including reasonable
costs incurred in responding to fires, explosions or the threats of
such incidents; vehicular accidents or the threat of such accidents;
utility service problems including, but not limited to, gas leaks
involving leaks of natural gas or propane, downed electrical wires
or telephone wires, water main breaks or leaks, sewer back-ups, or
other disruption or threatened disruption of utility service which
does or may affect the public health, safety or welfare; or to any
safety or rescue incident or operation including, but not limited
to, entrapment, water rescue, building collapse or public disturbance.
B.
The Fairview Township Volunteer Fire Company, Inc., is hereby authorized
to recover response costs associated with a response to a release
of a hazardous material, as defined in the Hazardous Material Emergency
Planning and Response Act.[1] Such right of reimbursement or recovery of response costs
shall be in accordance with the Hazardous Material Emergency Planning
and Response Act, in addition to any other applicable federal, state
or Township laws or ordinances.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
C.
The term "response costs," which are recoverable under this section,
include but are not limited to the following:
(1)
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response.
(2)
The rental or leasing or use of equipment use specifically for the
response including, but not limited to, protective equipment or clothing,
scientific or technical equipment and earthmoving or construction
equipment such as plows, graders, cranes and firefighting apparatus.
(3)
Replacement costs for equipment that is contaminated or damaged beyond
reuse or repair during the response.
(4)
Costs of repair, cleaning or decontamination of equipment which was
damaged, soiled or contaminated during the response.
(5)
Compensation of paid employees or members of the response team or
supporting paid or volunteer emergency service personnel, to include
regular and overtime pay for permanent full-time and other than full-time
employees or members.
(6)
Costs for special technical services specifically required for the
response including, but not limited to, costs associated for the time
and efforts of technical experts or specialists.
(7)
Laboratory and testing costs for purposes of analyzing samples or
specimens taken during the response.
(8)
Other special service costs required for the response, including
but not limited to utility costs, telephone service, telecommunication
service and medical service.
(9)
Costs associated with the services, supplies and equipment used to
conduct an evacuation during a response.
(10)
Costs associated with the removal and disposal of materials, debris,
hazardous materials, vehicles or other substances during or after
the response.
D.
The authority of the Fairview Township Volunteer Fire Company to
receive reimbursement or recovery of response costs under this section
is in addition to the authority to reimbursement or recovery of such
costs at law or in equity, and the authority granted under this section
shall not restrict the authority of the Fairview Township Volunteer
Fire Company to obtain reimbursement through any other means permitted
at law or in equity.
