[HISTORY: Adopted by the Borough Council
of the Borough of Upland 8-8-1994 by Ord. No. 2-1994. Amendments noted where
applicable.]
While any duly constituted Fire Department recognized
by the State of Pennsylvania Fire Prevention Commission is responding
to, operating at or returning from a fire, service call or other emergency
the Fire Chief, any other elected or appointed Fire Line Officer or
any member serving in the capacity of Fire Officer in Charge shall
have the authority:
A.
Of controlling and directing the activities at such
scene.
B.
To order any person or persons to leave any building
or place in the vicinity of such scene for the purpose of protecting
such persons from injury.
C.
To blockade any public highway, street or private
right-of-way temporarily while at such scene.
D.
To trespass at any time of the day or night without
liability while at such scene.
E.
To enter any building, including private dwellings
or upon any premises where a fire is in progress for the purpose of
extinguishing the fire.
F.
To enter any building, including private dwellings
or premises near the scene of the fire for the purpose of protecting
the building or premises or for the purpose of extinguishing the fire
which is in progress in another building or premises.
G.
To inspect for preplanning all buildings, structures
or other places in their fire district excepting, however, the interior
of a private dwelling, where any combustible material, including waste
paper, rags, shaving, leather, rubber, crates, boxes, barrels, rubbish
or other combustible material that is or may become dangerous as a
fire menace to such building or buildings, structure or other places
has been allowed to accumulate or where such chief or his or her designated
representative has a reason to believe that such material of a combustible
nature has accumulated or is liable to be accumulated.
H.
To direct without liability the removal or destroying
of any fence, house, motor vehicle or other thing which he or she
may judge necessary to be pulled down or destroyed, to prevent the
further spread of fire.
I.
To request and be supplied with additional materials
such as sand, treatments, chemicals, etc. and special equipment when
it is deemed a necessity, to prevent the further spread of fire or
hazardous condition, the cost of which to be borne by such property
owner.
J.
To order disengagement or discouplement of any convoy,
caravan or train of vehicles, craft or railway cars if deemed a necessity
in the interest of safety of persons or property.
K.
To take command of all industrial management, fire
brigades or fire chiefs whenever his or her company or department
is called to respond to such; if in his or her opinion such action
is in the interest of public safety.
L.
In the event of an incident involving a hazardous
substance, to transfer command to the appropriate emergency response
team in accordance with applicable local, county, state or federal
incident contingency plans.
[Amended 12-10-1996 by Ord. No. 9-1996]
Any person or persons who shall fail, neglect
or refuse to comply with any lawful order or directive given in accordance
with the provisions of this chapter, upon summary conviction before
a District Justice, shall be sentenced to pay a fine not to exceed
$1,000 and costs of prosecution for each and every offense and, further,
shall be required to make payments for all secondary damages caused
as a direct result of their failure, negligence or refusal to comply
with said lawful order or directive.
