Township of Lower Allen, PA Chapter 21 Fire Companies

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 6-17-1993 by Ord. No. 93-4 (Art. 119 of the 1985 Code of Ordinances). Amendments noted where applicable.]

§ 21-1 Fire companies recognized.

The Lower Allen Fire Company No. 1 and the Lisburn Community Fire Company, organized and existing in the Township of Lower Allen, Cumberland County, Pennsylvania, are hereby designated as the officially recognized Fire Companies for Lower Allen Township.

§ 21-2 Authorized activities.

A. The Fire Companies recognized by Lower Allen Township are hereby authorized to provide such services to Lower Allen Township as may be necessary for the protection of the property and persons situate therein, which include, by example and not by limitation, the extinguishment and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous materials incidents and other dangerous situations.

B. The Fire Companies may also provide nonemergency and public service functions, such as, again by way of example and not by limitation, removing water from property after storms and assisting in the removal, abatement and prevention of damage or injury to persons or property, whether through natural causes or man-made situations.

C. The Fire Companies may also conduct and participate in such training activities and drills, either within or outside of Lower Allen Township, as may be deemed necessary by the officers of the respective Fire Companies to maintain proficiency in providing service.

D. The Fire Companies may also respond to calls and provide services to municipalities outside of the Township of Lower Allen.

§ 21-3 Authorized activities of members of the Fire Companies.

In addition to actually participating in the activities of the Fire Companies as authorized above, or in going to or returning from any activity, the members of the Fire Companies recognized by Lower Allen Township are also authorized to do the following things:

A. Engage in any type of drill, training, ceremony, practice, test or parade when duly called for or authorized by an officer or officers of the Fire Company.

B. Engage in fund-raising activities for the Fire Company, when authorized by an officer or officers of the Fire Company.

C. Engage in the performance of any other activity or duty authorized by any officer of the recognized Fire Company.

§ 21-4 Purpose.

The purpose of this chapter is to recognize Lower Allen Fire Company No. 1 and Lisburn Community Fire Company as the official Fire Companies of Lower Allen Township and to state additional authorized activities for fire fighters for workers' compensation purposes.

§ 21-5 Emergency response payment reimbursement.

[Added 5-14-2018 by Ord. No. 2018-03]

A. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this chapter unless the context clearly indicates otherwise:

ACTUAL AND REASONABLE RESPONSE COSTS

An amount that is consistent with what a reasonable person would pay in the same or similar circumstances for the same business or for the same or similar item. This term shall not include any costs for labor.

EMERGENCY

An incident that requires responsive, coordinated action to protect an individual, the environment, critical infrastructure or property.

FIRE COMPANY or FIRE COMPANIES

The Lower Allen Fire Company No. 1 and the Lisburn Community Fire Company, singularly or collectively.

OFFICIAL DISPATCH

The dispatch of a Fire Company to an emergency by the Cumberland County Dispatch Office or a response to a special call or request from the Lower Allen Police Department with an emergency.

TOWNSHIP

The Township of Lower Allen, Cumberland County, Pennsylvania.

B. Reimbursement. A person involved in an emergency that necessitates a response from the Fire Company shall be liable for the actual and reasonable response costs incurred by the Fire Company.

C. Procedure.

(1) Billing. The Fire Companies shall have the right and authority to seek reimbursement for actual and reasonable response costs related to an emergency as provided for under this chapter which includes, but is not limited to, the actual or reasonable response costs of materials used, or equipment damaged in an emergency. A bill for reimbursement must clearly itemize the costs that have been incurred by the Fire Company and shall be in accordance with the most recent fee resolution adopted by the Board.[1]

[1] Editor's Note: The Fee Schedule is on file in the Township offices.

(2) Reimbursement. If a person receives a bill for actual and reasonable response costs as provided for under this chapter, the person shall be responsible for payment of the bill. A person may elect to submit the bill to an insurance company. Submission of a bill to an insurance company, however, shall not relieve the person from financial responsibility for payment of the bill if an insurance company denies payment of the bill.

(3) Failure to pay. The Fire Companies or a third-party billing service that submits to a person a bill for actual and reasonable response costs as provided for under this chapter may file an action in a court of competent jurisdiction to recover the amount of actual and reasonable response costs if the person fails to pay the amount of the bill, which may include reasonable interest, reasonable administrative fees, reasonable attorneys' fees, and court fees for the collection of the bill.