[HISTORY: Adopted by the Board of Supervisors of the Township of Montgomery 12-16-2002 by Ord. No. 02-163[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Civil defense — See Ch. 8.
Pensions — See Ch. 32.
Building construction and fire prevention —  See Ch. 69.
Open burning — See Ch. 193, Art. I
Taxation — See Ch. 209.
[1]
Editor's Note: This ordinance also repealed former Ch. 17, Fire Department, which consisted of Art. I, Colmar Volunteer Fire Company, adopted 12-27-1982 by Ord. No. 81; and Art. II, Firemen's Cooperative Insurance Agreement, adopted 1-16-1984 by Ord. No. 85.
The Fire Department of Montgomery Township, chartered as a nonprofit fire company and duly existing under the laws of the Commonwealth of Pennsylvania, is hereby designated and specified as the official fire company of and for Montgomery Township, Montgomery County, Pennsylvania, with the responsibilities for fire protection, fire fighting, fire prevention, and related activities for and within the boundary lines and limits of the Township of Montgomery.
[Added 1-6-2003 by Ord. No. 02-165]
The Montgomery Township Department of Fire (the "Department") shall consist of such fire companies as the Board of Supervisors may, from time to time, by ordinance or resolution, receive into the Department; the Fire Marshal; Deputy Fire Marshals; volunteer fire fighters; full-time and part-time fire fighters employed by Montgomery Township; the Director of Fire Services; the Director of Emergency Services; and such other full-time or part-time Township employees who may be assigned to fire-fighting duties as a secondary responsibility.
[Added 1-6-2003 by Ord. No. 02-165; amended 1-24-2022 by Ord. No. 22-327]
A. 
There shall be a Township Fire Chief (the "Fire Chief') who will be employed by the Township and appointed by the Board of Supervisors.
B. 
The Fire Chief shall answer to the Township Manager for the efficient and effective operation of the Department, which includes the Fire Marshal, Deputy Fire Marshals, fire fighters employed by the Township, volunteer fire fighters, and the Emergency Management Coordinator.
C. 
The Fire Chief shall be responsible for the following:
(1) 
Directing and coordinating the provision of Firefighting, Fire Protection, Fire Marshal services, and emergency management activities to the Township;
(2) 
Developing and enforcing standard operating guidelines based on recognized procedures and practices in the fire services field;
(3) 
Coordinating the resources necessary to control large-scale and complex emergencies, when such action is necessary to protect life and/or property;
(4) 
Such other duties which may be assigned from time to time by the Township Manager.
D. 
The Fire Chief, in consultation with the Incident Commander or Deputy Fire Chief, shall have the authority to initiate evacuations and exclude the public from the immediate vicinity of an emergency or place of danger.
E. 
The Fire Chief shall have the authority to suspend from the Department without pay for a period of up to three work days, any firefighter employed by the Township who violates the recognized procedures and practices or other rules of the Department. Prior to imposing any such suspension, the Fire Chief shall report the cause and circumstances of the action to the Township Manager. The Fire Chief may temporarily suspend with pay and without prior notice to the Township Manager, any firefighter employed by the Township if the Fire Chief believes it is necessary for the good of the Township. The Fire Chief shall notify the Township Manager of any temporary suspension within 24 hours of the suspension. Firefighters employed by the Township may appeal disciplinary actions in accordance with the terms of any applicable collective bargaining agreement.
F. 
When provided for in the bylaws of a volunteer fire company servicing the Township, the Fire Chief shall also be available for nonbinding consultation with fire company leadership on matters involving the discipline of volunteer firefighters, including but not limited to suspension and expulsion from membership of the fire company.
[Added 1-6-2003 by Ord. No. 02-165]
A. 
Real estate tax millage, particularly identified for fire services purposes, shall be utilized by the Township for the costs associated with the functioning of the Department and for acquisition and maintenance of equipment and real property necessary for the provision of fire services in the Township.
B. 
A budget shall be prepared annually by the Director of Fire Services in cooperation with the members of the Department (which includes volunteer fire-fighting companies) and such budget shall be submitted to the Board of Supervisors for its review and approval.
C. 
At least annually, or more frequently as required by the Director, the Township Manager or the Board of Supervisors, the fire company or companies participating in the Department shall submit a report of operating and financial activities for the preceding calendar year, the current year and future years.
D. 
All monies received by the Township under the Foreign Fire Insurance Tax Distribution Law shall be distributed as required by state statute and shall be expended in accordance with the approved budget referred to in Subsection B.
E. 
Training requirements and schedules of training shall be formulated in cooperation between the members of the Department and the Director.
F. 
Financial and operational, books, records, and reports of any volunteer fire company or companies participating in the Department shall be available at the firehouse for inspection by the Township at any time.