[Adopted 4-13-1987 by Ord. No. 370]
The Lehighton Fire Department shall be comprised of those individuals
who comply with the requirements of this Article and any other rules
and regulations as established by the Borough Council.
The departmental officers of the Fire Department of the Borough
of Lehighton shall consist of one Fire Chief and one Assistant Fire
Chief.
A.
The departmental officers of the Lehighton Fire Department shall
be appointed by the Borough Council and shall serve at the pleasure
of the Council until such time as relieved of said duty by appropriate
action or until successors are duly appointed.
B.
The Fire Department shall elect and appoint line officers with such
terms, stipulations, requirements and duties as deemed appropriate
by departmental standard operating procedure.
A.
The Fire Chief shall have full charge and control over the fire apparatus,
equipment of the Fire Department and personnel at all times and shall
give general directions as to how, when and where to use such apparatus
and equipment. He shall be responsible for the condition and proper
maintenance of all apparatus and equipment of the Fire Department
and, to that end, shall, at all times, have free access to the firehouses
for the purpose of inspecting such apparatus and equipment. He shall
report the condition of such apparatus and equipment to the Council
from time to time and, as often as he deems the same necessary, shall
recommend to the Council repairs, renovations or replacements to firehouses,
apparatus and equipment. It shall be the duty of the Fire Chief to
report to the Council any unusual fire risks within the borough and
any fire hydrants or water mains which need special attention.
B.
Additional powers and duties of Fire Chief at fires. The Fire Chief
shall have the power to direct the Fire Department to eject, dismiss
or suspend from service any member of the Fire Department for disobedience
of his orders; to enter any premises for the purpose of investigating
the cause of or subduing a fire; to call to his assistance the police
force of the borough or any citizen to maintain peace or protect property
at a fire; and to prosecute on behalf of the borough any person for
interfering with the Fire Department at a fire or for interfering
with the fire hydrants or with any of the fire apparatus or equipment.
It shall be the duty of the Fire Chief, in addition to the duties
heretofore imposed, to examine all places within the borough limits
where combustible material may have accumulated or is likely to accumulate,
and, in the discharge of such duty, he may enter upon or into any
private lane, alley, vacant lot, back yard or any other portion of
the private property of any person within the Borough of Lehighton.
Whenever he finds combustible materials or rubbish in such areas,
he shall notify the owner or reputed owner or any person in possession
of such premises, in writing, directing him or her to remove the same.
If such combustible material or rubbish is not removed within 12 hours
from the serving of this notice, the Fire Chief shall cause the same
to be removed at the cost of the owner, reputed owner or occupant
of said premises, and all costs and expenses incurred by such removal
by said Fire Chief shall be certified to the Borough Solicitor for
collection. This certificate shall contain an itemized statement of
the expense incurred, a copy of the notice given the owner or occupant
of the premises and a description of the lot of ground upon which
the rubbish or combustible material was found. Thereafter, the Borough
Solicitor shall proceed to collect the expenses incurred in the manner
now provided by law for the collection of municipal claims.
The Assistant Fire Chief shall aid the Chief under his direction,
and, in case of the Chief's absence or disability, the Assistant
Fire Chief shall perform all the duties and may exercise any of the
powers of the Fire Chief. At any time, the Fire Chief may assign to
the Assistant Fire Chief any specific duty or duties ordinarily performed
by the Fire Chief, in which case the Assistant Fire Chief shall assist
and serve under the direction of the Fire Chief.
The Fire Chief, Assistant Fire Chief and all line officers shall
take an oath administered by the Mayor to faithfully perform all the
duties of their respective offices as soon as practical upon appointment.
The Borough Council shall have the authority to remove the Fire
Chief and Assistant Fire Chief for incompetent's, neglect of
duty or any cause touching upon the power and duties of such officer
and his relationship to the Fire Department.
The Fire Chief or his designee shall submit to the Borough Council
at each regularly scheduled monthly meeting a written report concerning
the occurrence of any fires which occurred in the previous month.
A.
Eligibility for membership shall be determined by the Lehighton Fire
Department's membership standard operating procedure, as approved
by the officers of the Fire Department and the Borough Council and
as amended from time to time as deemed appropriate by both parties.
B.
The Secretary of the Fire Department shall file on November 30 of
each and every year with the Secretary of the Borough Council a list
of the names and addresses of all active members of said company and
a list of all officers of said Department.
C.
Physical exam. All new applicants will be required to submit a physical
exam with application for membership in the Department.
Every member of the Fire Department shall, when acting as such,
serve under the direction of the Fire Chief or the officer in charge,
obeying all orders thereof, in accordance with the Department standard
operating procedure.
A.
The Fire Chief or such person acting as such shall have the power
to suspend any member or members of the Fire Department for any act
or omission detrimental to the efficiency and discipline of the Department
until such time as such member's or member's case is brought
before the Firemen's Commission for investigation.
B.
Disobedience or unbecoming conduct. Should any fireman refuse to
obey any legal orders of the Fire Chief or Assistant Fire Chief or
any officer in charge while on duty or engage in conduct unbecoming
a fireman, charges shall be brought in writing and the same shall
be referred to the Firemen's Commission of the Department.
C.
Disciplinary procedure.
(1)
The Fire Chief, Assistant Fire Chief or any officer in charge shall,
within 48 hours of the suspension, file a written statement of the
charges for suspension with the Fire Commission and the Manager of
the Borough of Lehighton and shall cause to be served, by certified
mail or personally, a copy of the charges on the person suspended.
The person so suspended may, within three days after receipt of the
charges, file a written demand with the Fire Commission and the Manager
of the Borough of Lehighton demanding a hearing before the Firemen's
Commission. The Commission shall set a hearing date within 10 days
after the receipt of the written demand for a hearing.
(2)
The Firemen's Commission shall be comprised of two active fire
fighters from the Department and one neutral person appointed by Borough
Council. The members of the Firemen's Commission shall not be
the Chief, Assistant Chief, the person acting as Chief who initiated
the suspension or the person suspended.
(3)
The Firemen's Commission may make such regulations in the conduct
of the hearing as it deems appropriate.
(4)
The Firemen's Commission, after a hearing, may sustain, modify
or dismiss the charges against the person suspended, and such action
of the Firemen's Commission shall be final and nonappealable.
Without the consent of the Fire Chief, Assistant Fire Chief
or designee, no person who is not an active member of the Fire Department
of the Borough of Lehighton shall, at any time, ride upon any of the
fire apparatus of the Fire Department, nor shall any person make use
of any fire apparatus, hose or other equipment of the Fire Department
other than for the purpose for which the same was intended without
the consent of the Fire Chief.
A.
All fire equipment, supplies and apparatus bought for the use of
the Fire Department are to be the property of the borough and under
the control of the Borough Council, and nothing is to be sheltered
in any firehouse of said borough unless the same be under the control
and with the knowledge of Borough Council.
B.
An inventory shall be conducted annually and forwarded to the Borough
Secretary by the 30th of November.
No alcoholic beverages shall be allowed in areas that the Fire
Chief has designated as being strictly for fire-fighting-related activities
and/or where fire apparatus or equipment is stored.
The Fire Chief and Assistant Fire Chief of the Lehighton Fire
Department shall receive such yearly salaries from the borough, which
salaries shall be established by resolution of Borough Council.
[Amended 8-26-1991 by Ord. No. 413]
Any person who shall violate any of the provisions of this Article
shall, upon conviction thereof before a District Justice, be subject
to a fine of not more than $600 and costs of prosecution and, in default
of payment of such fine and costs, to imprisonment in the county jail
for not more than 30 days.
