[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Pottsgrove as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-6-2009 by Res. No. 555]
The purpose and objective of this article is to reconfirm Upper
Pottsgrove Township Fire Company No. 1 as the duly reconfirmed volunteer
fire company for Upper Pottsgrove Township and to designate those
duties and activities which the Township shall authorize either by
approval under formal governing procedures or by approval following
application by the fire company to the municipality for written approval,
in accordance with the terms hereof. These duties and activities are
as follows:
A.
The volunteer fire company reconfirmed by Upper Pottsgrove Township
is authorized to actively engage in firefighting within the boundaries
of the Township.
B.
A volunteer firefighter may engage only in those acts which are reconfirmed
as fire-fighting activities. Such acts are limited to the following
activities of a firefighter while actually engaged as a firefighter:
(1)
The firefighter's act of going to or returning from any fire
which the fire company of which he/she is a member shall have attended;
(2)
The firefighter's participation in fire-fighting instruction
and fire drills which the fire company of which he/she is a member
shall have attended;
(3)
The firefighter's participation in repair and/or other work
on fire apparatus, buildings and grounds of the fire company or fire
department, which work is specifically authorized by the Chief of
the fire company or fire department; and
(4)
The firefighter's performance in responding to any emergency
call for any purpose or while riding upon the fire apparatus owned
or used by the fire company of which he/she is a member.
This designation may be modified from time to time by future
resolution of Upper Pottsgrove Township.
[Adopted 12-17-2018 by Ord. No. 502]
The purpose and intent of the Board of Commissioners of Upper
Pottsgrove Township by enactment of this article, pursuant to the
authority granted in Section 66553 of the First Class Township Code,
as amended, is to permit the Township to designate, by resolution,
the primary fire service provider within Upper Pottsgrove Township
(hereinafter referred to as "Fire Company") and to authorize the official
dues-paying members of the Fire Company to perform certain extended
duties and to clarify that such duties are intended for workers'
compensation coverage.
A.
The volunteer firefighters and the fire police serving with the Fire
Company under the direction and command of their respective superior
officers are hereby granted authority to, in addition to normal firefighting,
rescue and emergency medical duties and activities, participate in
county-wide and state-wide mutual aid, firemen's training schools,
parades, meetings, and other municipal functions of the type customarily
attended by and participated in by volunteer fire company members
in accordance with the duties, responsibilities, and obligations,
as set forth in enabling legislation adopted by the Commonwealth of
Pennsylvania.
B.
Authorization is also hereby granted for the Fire Company, their
volunteer firefighters and fire police to assist other fire departments
and other emergency relief organizations in any traffic and crowd
control needed at emergencies and municipal activities.
C.
In addition, as permitted by state law, authorization is hereby granted
for the Fire Company, their volunteer firefighters and fire police
to participate in public programs to promote health and safety, to
enlist new members, solicit community support or conduct fundraising
activities, sanctioned by the Fire Company, as long as no compensation
is being paid to the member while engaged in the fundraising activity,
and 100% of the activities' proceeds go to the Fire Company.
D.
Such authorization shall specifically not include activities or conduct
engaged in by firefighters and fire police in support of furtherance
of private functions or activities that are not related to or associated
with municipal or civil activities. Further, such authorization shall
not extend to any firefighter or fire police who is under the influence
of alcohol or other illegal substance as defined in the statutes of
the Commonwealth of Pennsylvania or is ingesting alcohol or other
illegal substances as defined by those statutes or while engaged in
any other activity constituting a violation of the statute of the
Commonwealth of Pennsylvania. It is the intent of the Board of Commissioners
that the firefighters or fire police engaging in such activities shall
be specifically excluded and precluded from any grant of authorization
or coverage under the Workers' Compensation Act, 77 P.S. § 1
et seq.
E.
All of the above authorizations shall be considered to be the specific
directive of the Board of Commissioners with regard to the activities
and conduct of volunteer fire members of the Fire Company and fire
police when acting under the supervision and direction of superior
officers and shall include travel directly to and from such duties
in regard to which those individuals shall be properly covered by
Township workers' compensation benefits. In addition, the Upper
Pottsgrove Township Board of Commissioners hereby vests the Township
Manager with discretion to extend workers' compensation benefits
to members of the Fire Company pursuant to Section 601 of the Workers'
Compensation Act to include as duties of the Fire Company authorized
by the Township certain annual or specific events expressly identified
and approved by the Township Manager. However, the Board of Commissioners
hereby reserves the right to revise, modify or adjust the discretion
herein vested in the Township Manager as may be necessary and appropriate
by Resolution adopted by the Board of Commissioners from time to time.
A.
Appropriations may be made by the Board of Commissioners to any fire
or emergency service provider as the Board of Commissioners may see
fit.
B.
At the discretion of the Board of Commissioners, any fire or emergency
service provider, regardless of how designated in this article, receiving
funding from the Township shall enter into a written agreement with
the Township.
C.
Failure to provide any required reporting and documentation or failure
to otherwise comply with the Board of Commissioners may result in
the Township exercising its unilateral right to discontinue funding.
The Board of Commissioners hereby reserves the right and entitlement
to revise, modify or adjust any designation or authorization by future
action of Upper Pottsgrove Township.
If any sentence, clause, section or other part of this article
is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any remaining provisions, sentences, clauses, sections or
other parts of this article. It is hereby declared as the intent of
the Board of Commissioners of Upper Pottsgrove Township that this
article would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herein.
All resolutions and ordinances inconsistent with this article
are hereby repealed.
This article shall become effective immediately upon enactment.
