[HISTORY: Adopted by the Borough Council
of the Borough of Milton: Art. I, 1-16-1980 as Ord. No. 835; Art.
II, 6-15-1983 as Ord. No. 894. Amendments noted where applicable.]
[Adopted 1-16-1980 as Ord. No. 835]
There is hereby reaffirmed and established the
Milton Fire Department hereinafter referred to as "Fire Department."
B.
No other fire company shall be a part of the Fire
Department unless the fire company shall be added to the Department
by an official resolution of Milton Borough Council. All members of
said Fire Companies shall henceforth be members of the Fire Department
and shall be subject to this article and all rules and regulations
promulgated hereunder.
A.
The head of the Fire Department shall be the Chief
of the Fire Department, and directly subordinate in command to the
Chief shall be the Deputy Fire Chief and the Assistant Fire Chief.
The Chief of the Fire Department, or his substitutes in his absence,
shall have the following duties and powers. He shall:
(1)
Be responsible to the Milton Borough Council and the
Milton Fire Board for the proper administration and operation of the
Department and the discipline of its members.
(2)
Make such general orders and rules as may be necessary
for the care, maintenance and protection of the property of the Department
and property of the Borough used by the Department, for the conduct
of the members of the Department and for the overall operations of
the Department.
(3)
With the assistance of the Deputy Chief, Assistant
Fire Chief and Company Captains, periodically review the Department's
operating procedures and make changes as may be necessary for the
better operation of the Department.
(4)
Take all proper measures for the prevention, control
and extinguishment of fires and for the protection of life and property
from fire and shall perform all duties imposed by all municipal laws
respecting fire prevention and shall exercise the power and duties
imposed by him by this article.
(5)
Be responsible for the enforcement of this article,
Fire Department rules and regulations and Department operating procedures.
(6)
Be in full and complete charge and control of all
fire-fighting personnel and equipment at all fires and emergencies
responded to by the Milton Fire Department.
(7)
Report all fires to the proper authorities as prescribed
by Pennsylvania state fire laws.
B.
The Deputy Chief shall assist the Chief and carry
out the orders of the Chief. In the absence of the Chief, the Deputy
Chief shall act as Chief and perform all the duties and powers of
the Chief as provided in this article. The Assistant Chief shall assist
the Chief and Deputy Chief in their duties and, in the absence of
the Chief and Deputy Chief, shall act as Chief and perform all the
duties and powers of the Chief.
[Amended 4-16-1986 by Ord. No. 935]
There is hereby established a Fire Board of
the Milton Fire Department, which shall consist of nine representatives
from the Fire Companies comprising the Fire Department, the Fire Chief,
the Deputy Fire Chief and the Assistant Fire Chief. Each Fire Company
which forms a part of the Milton Fire Department shall annually elect
or appoint three representatives to the Fire Board in order to fill
the nine representatives positions. The Fire Board shall meet once
a month or more frequently, if necessary, in order to conduct business
of the Fire Department not directly governed by the Fire Chief and
shall have such other powers as are granted by this article. The Fire
Board shall make the regulations pertaining to the election of the
Fire Chief, Deputy Chief and Assistant Fire Chief. Every other year
the Fire Board shall elect three members of the Milton Fire Department
to serve as Fire Chief, Deputy Fire Chief and Assistant Fire Chief
for terms of two years, subject to approval by the Milton Borough
Council and the provisions of this article. After approval by Milton
Borough Council, said officers shall assume their official positions.
A.
The requirements for any person serving as Fire Chief,
Deputy Fire Chief and Assistant Fire Chief, shall be as follows:
B.
In addition, every person elected Assistant Fire Chief
shall make a reasonable effort to attend the following fire-fighting
schools, if not previously attended:
Members of the Milton Fire Department shall
be limited to all individuals who are members of the Fire Companies
officially designated as part of the Milton Fire Department. Members
of the Fire Department shall comply with the following requirements:
A.
Each member of the Fire Department shall regularly
attend training held by the Fire Department. Regular attendance shall
mean attendance of 50% of the Fire Department trainings held in the
past 12 months. Each member shall also attend 25% of that member's
Company trainings, and each member shall also attend 25% of the alarms
to which that member's Company is called.
[Amended 4-16-1986 as Ord. No. 935]
C.
No member shall participate in any activities of the
Milton Fire Department while under the influence of intoxicating beverages
or a controlled substance.
D.
No member shall consume or ingest intoxicating beverages
or controlled substances while representing the Milton Fire Department.
E.
New members of the Department shall undergo orientation
and training as provided in the Department's standard operating procedures.
F.
Members who fail to meet these requirements after
a reasonable period of time shall not receive or maintain a personal
paging device and shall not perform on the fireground, wear self-contained
breathing apparatus, handle fire streams, climb ladders, use specialized
tools or be a line officer.
G.
Junior members of the Department shall be limited
to duties allowed by the Pennsylvania Child Labor Laws.
H.
Such members desiring to serve only with the Ambulance Service shall, in lieu of § 21-2B of this article, comply with all state and Borough laws and ambulance training requirements, and such members desiring to serve only as Fire Police shall, in lieu of § 21-2B of this article, attend the training as required in the standard operating procedure regulations of the Milton Fire Department.
[Amended 4-16-1986 by Ord. No. 935]
Each Company which is a part of the Milton Fire Department shall elect a Captain to be in charge of the fire-fighting equipment assigned to that Company by the Borough. The Captain of each Company shall meet the requirements set forth in § 21-6 hereof and shall be directly responsible to and carry out the orders of the Chief of the Department.
The Chief of the Fire Department shall have
the power to reprimand, suspend or recommend dismissal from the Department
of any member or company for insubordination, inefficiency, misconduct,
failure to respond to alarms, failure to participate in training or
noncompliance with any of the provisions of this article or the Department's
standard operating procedures that, in the opinion of the Chief, would
be detrimental to the discipline and efficiency of the Department.
Within five days after the suspension of any member, the Chief shall
report the suspension to the Milton Borough Council and the Fire Board,
along with his recommendation for the term of the suspension or for
a dismissal. No member or Company shall be dismissed from the Department
unless the member or Company has an opportunity for a hearing before
the Fire Board, provided that a written request for such hearing is
received by the Fire Board within seven days after receipt of a notice
of proposed dismissal. Any dismissal of a Company from the Fire Department
by the Fire Board shall be subject to rejection or approval by the
Borough Council.
The Fire Department shall respond to all calls
for aid as outlined in the Department's standard operating procedures
and in all mutual aide contracts entered into between the Borough
and other municipalities.[1]
[1]
Editor's Note: Original Section X, which dealt
with persons responding to fire scenes, and Section XI, which set
forth violations and penalties, both of which immediately followed
this section, were deleted 10-28-1998 by Ord. No. 1103.
The penalties and remedies provided in this
article are not mutually exclusive and do not preclude the use by
the Borough of a complaint in equity to compel compliance with the
provisions of this article.
The members of the Fire Department shall in
no way be deemed to be employees of the Borough of Milton by virtue
of this article, except for the purpose of Workmen's Compensation
Insurance while on duty for the Fire Department.
[Adopted 6-15-1983 as Ord. No. 894]
The members of the Milton Fire Department, the
Milton Fire Department Dive Team and the Fifth Ward Ambulance Company
shall be covered by Workmen's Compensation Insurance, pursuant to
Section 1031 of the Pennsylvania Workmen's Compensation Act, Act 1974,
December 5, P.L. 782, No. 263, Section 15,[1] provided by the Borough of Milton, while such members
are engaged in the following activities and only the following activities:
A.
While responding to, engaged in and returning from
fires, emergencies, rescue operations and ambulance calls as members
of the designated organizations, whether or not the member is at the
scene of the fire or emergency when it occurs.
B.
While attending schools and training sessions that
have been authorized by the Milton Borough Fire Chief.
C.
While attending conventions, organization meetings,
Department meetings, Relief Association meetings and other meetings
as approved by the Milton Borough Council, on an annual basis or individual
basis as the Borough Council may decide.
D.
While participating in fairs, carnivals, banquets,
barbecues and other fundraising activities of the respective organizations
as a member of the organization when specifically approved by resolution
of Milton Borough Council.
E.
While participating in parades and civic functions
as a member of the respective organizations when specifically approved
by resolution of the Milton Borough Council.
F.
While participating in fire prevention drills and
education sessions as authorized by the Milton Borough Fire Chief
and as approved by the Milton Borough Council on an annual basis.
G.
While participating in sporting events on behalf of
the respective organizations when approved by resolution of the Milton
Borough Council.
[1]
Editor's Note: See 77 P.S. § 1031.
