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Township of West Manchester, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 5-24-2018 by Ord. No. 18-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire companies — See Ch. 19.
Alarm systems — See Ch. 45.
Outdoor burning — See Ch. 63.
[1]
Editor’s Note: This ordinance also provided for the repeal of former Ch. 20, Fire Department, adopted 4-23-1992 by Ord. No. 92-04.
A. 
This chapter is adopted pursuant to the powers granted to West Manchester Township to provide protection within the Township by Section 1801 of the Second Class Township Code, 53 P.S. § 66801 et seq.
B. 
The purpose of this chapter is to provide for efficient and effective fire protection to the residents of West Manchester Township by adopting rules and regulations for the government of fire companies which are located within the Township and the officers and members of those fire companies.
C. 
This chapter hereby establishes and reestablishes an administrative agency of the Township to be known as the "West Manchester Township Fire Department," which shall have full authority and responsibility for the operation and administration of all fire companies, except as otherwise provided herein, located within West Manchester Township.
D. 
The West Manchester Township Fire Department shall also have full authority and responsibility for the operation and administration of all fire police services within the confines of West Manchester Township.
The following words, terms and phrases shall have ascribed to them the meanings herein set forth, unless the use of such word or phrase in context clearly indicates a different meaning:
BOARD or BOARD OF SUPERVISORS
The Board of Supervisors of West Manchester Township, York County, Pennsylvania.
DEPARTMENT
The West Manchester Township Fire Department.
EMERGENCY RESPONSE PERSONNEL or EMERGENCY RESPONSE MEMBERS or ERP
Those members of the fire companies who are trained and certified to perform emergency response services. "ERP" shall also include all duly appointed fire police of the Township.
EMERGENCY RESPONSE SERVICES
Include, but are not limited to, the control, suppression and extinguishment of fires; search and rescue for persons necessitated by man-made or natural disasters or accidents; the isolation and containment of hazardous materials and substances; rendering assistance to other emergency service providers; and generally, to provide for the protection and safety of persons and property within the Township.
FIRE COMPANIES
Lincolnway Fire Company No. 1 and Shiloh Fire Company.
NONEMERGENCY RESPONSE MEMBERS
Those members of the fire companies who are not trained and certified to perform emergency response services.
OPERATIONAL CONTROL
The supervision, administration and control of all Emergency response services, training exercises, and public education events, and the discipline of emergency response members. Operational control shall also include the organization of fire companies in relation to emergency response services.
TOWNSHIP
The Township of West Manchester, York County, Pennsylvania.
TOWNSHIP FIRE CHIEF or FIRE CHIEF
The person duly appointed to that position by the Board of Supervisors.
The Township of West Manchester hereby recognizes Lincolnway Fire Company No. 1 and Shiloh Fire Company as the volunteer fire companies of West Manchester Township constituting the West Manchester Township Fire Department. The fire companies shall at all times be under the operational control of the Township Fire Chief. The governance of the individual fire companies by the Township Fire Chief will not usurp or otherwise affect the conduct of the volunteer fire companies as presently exercised by their duly elected officers, except as herein otherwise provided.
The Board of Supervisors of West Manchester Township shall have full power and authority to adopt all rules and regulations necessary for the management, control and operation of the West Manchester Township Fire Department. The authority of the Township Fire Chief will be exercised administratively and operationally as prescribed in the rules and regulations for the management, control and operation of the West Manchester Township Fire Department as adopted pursuant to the provisions of this chapter.
Lincolnway Fire Company No. 1 and Shiloh Fire Company, hereafter referred to jointly as the "West Manchester Township Fire Department," are hereby given all power, so far as West Manchester Township has power to grant the same, to enact such rules and regulations for the management and government of individual members thereof as shall be necessary for the proper maintenance and control of volunteer fire companies. Neither the grant of the aforesaid power nor the recognition set forth in this chapter shall be construed as constituting Lincolnway Fire Company No. 1 or Shiloh Fire Company or any member thereof as an agent, department or employee of the Township except insofar as such effect is provided under the provisions of the Act of June 2, 1915, P.L. 736, No. 338, known as "The Pennsylvania Workers' Compensation Act,"[1] or the Act of November 26, 1978, P.L. 1399, No. 330, known as the "Political Subdivision Tort Claims Act."[2]
[1]
Editor's Note: See 77 P.S. § 1 et seq.
[2]
Editor's Note: Said Act (53 P.S. § 5311.101 et seq.) was repealed by the Act of October 5, 1980, P.L. 693, No. 142. § 333. For current provisions, see 42 Pa.C.S.A. § 8501 et seq.
A. 
Establishment. The West Manchester Township Fire Department is hereby established and reestablished as an administrative agency of the Township with direct responsibility for providing the following specified emergency response and support services in and for the Township and its residents:
(1) 
Emergency response services.
(2) 
Coordination with and providing assistance to federal, state, county and local emergency management agencies.
(3) 
Nonemergency public services to or for the use of persons and property within the Township.
(4) 
Participation in training activities and drills, whether inside or outside of the Township, as may be deemed necessary or desirable for maintaining proficiency in providing fire protection and emergency medical services.
(5) 
Response to or for any municipality which has entered into a mutual aid agreement with the Township. Response to emergency calls outside the boundaries of the Township but within a reasonable service area of the fire company responding.
(6) 
Providing such other services not inconsistent with the mission of the Department which the Board of Supervisors or the Township Manager may from time to time direct.
B. 
Organization of Department. The Department shall be composed of the following designated entities and persons with the powers, duties and responsibilities specified or assigned to them in subsequent sections of this chapter:
(1) 
Fire companies: Lincolnway Fire Company No. 1 and the Shiloh Fire Company as the officially recognized volunteer fire companies in and for the Township.
(2) 
Office of the Fire Chief: the Township Fire Chief, Deputy Fire Chief, Assistant Fire Chief and such operational staffing as the Board of Supervisors shall from time to time approve.
(3) 
Emergency response personnel: persons volunteering their services to the Township through the fire companies or otherwise.
C. 
Organizational structure. The Fire Chief, with the approval of the Board of Supervisors, shall establish an organizational structure for the Department and the emergency response personnel under his/her direction and control. The organizational structure shall include an organizational chart which:
(1) 
Designates a rank and title for each classification of emergency response personnel.
(2) 
Indicates the certifications, qualifications, education, training and/or experience required to attain such rank or title.
(3) 
Represents the authority, duties and responsibilities of each rank or title.
(4) 
Indicates the number of positions proposed for each rank or title.
A. 
Office of Township Fire Chief. The Fire Chief of the Township shall be an individual appointed to that position by the Board of Supervisors. The Fire Chief shall be the chief administrative and operational officer of the Department and subordinate only to the Township Manager to which he or she shall report. The authority, duties and responsibilities of the Fire Chief shall include, but shall not be limited to:
(1) 
The training, supervision, direction and control of emergency response personnel while engaged in the performance of any services and activities as specified in § 20-6A of this chapter or reasonably incidental thereto.
(2) 
The appointment of operational officers which will then be confirmed by the Township Manager and approved by the Board of Supervisors of West Manchester Township.
(3) 
Assistance in the recruitment of emergency response personnel and the development and implementation of programs for securing and maintaining volunteer participation.
(4) 
The promulgation of rules and regulations for the administration and operation of the Department, which shall include standards and policies regarding the conduct of all emergency response personnel.
(5) 
The preparation of an annual operating budget for the Department, including capital expenditures for building, apparatus and equipment proposed for the succeeding year. For this purpose, the Fire Chief shall have full and complete access to the financial statements and records of the fire companies.
(6) 
The preparation of long-range capital budgets and plans with annual updates.
(7) 
The supervision, direction and control of all moneys expended by the Department and the fire companies for emergency response services.
(8) 
Preparation of an emergency service plan for the Township.
(9) 
Maintain liaison between the Township and the fire companies.
(10) 
Such other duties and responsibilities as shall be assigned, from time to time, by the Township Manager.
The Township Fire Chief shall appoint officers from the emergency response personnel to those positions deemed necessary, from time to time, providing they meet the minimum qualifications as set forth in the operational guidelines of the Department. Those positions and terms to which emergency response personnel may be appointed are:
A. 
Deputy Township Fire Chief: four-year term.
B. 
District Fire Chief: four-year term.
C. 
Captain: two-year term.
D. 
Lieutenant: two-year term.
E. 
Firefighter Technician.
F. 
Engineer.
G. 
Fire Police Captain: four-year term.
H. 
Fire Police Lieutenant: two-year term.
All members of the respective fire companies may elect from their numbers (both ERP and nonemergency response members) such executive officers as may be provided by the bylaws of the respective fire companies. The executive officers so elected shall have no power to adopt any policy or to take any action that conflicts with the powers, duties and responsibilities of the Department or the Fire Chief as established by this chapter.
A. 
Qualifications. No person shall be qualified as an emergency response personnel for the performance of emergency response services unless such person shall have first obtained current certification(s) established by state/federal law or by the Fire Chief for the performance of the duties and responsibilities of the position occupied.
B. 
Education and training. All persons qualified as emergency response personnel for the performance of emergency response services shall obtain and maintain such level of education and continuing education, and such level of training and continuing training as required by statute, regulations or as the Fire Chief shall, from time to time, prescribe. Any person who fails to obtain or maintain such education or training shall be removed from his or her position as an emergency response personnel.
A. 
Operating budget. Each year, on the date specified by the Township Manager, the Fire Chief shall prepare an annual operating budget for the emergency response services for the fire companies and for the Department for the succeeding calendar year, which shall include, but shall not be limited to:
(1) 
The source and amount of all revenues anticipated to be available to the Department during the fiscal year, including, but not limited to:
(a) 
Any unexpected balances from preceding years.
(b) 
All revenue earned by the fire companies and the Department.
(c) 
All revenues donated to the fire companies and the Department.
(d) 
The amount requested for appropriation by the Township.
(e) 
Any amounts proposed to be borrowed by the fire companies.
(2) 
The purpose and amount of all expenditures anticipated to be made by the fire companies and the Department during the fiscal year, including, but not limited to:
(a) 
General operating costs of the fire companies and the Department, including administration expenses, wages and salaries, fuel, utilities and the purchase of materials and supplies.
(b) 
Maintenance and repair costs for land, buildings and equipment.
(c) 
Debt service on borrowed funds.
(d) 
Proposed capital expenditures for the acquisition or renovation of land, buildings or equipment.
(e) 
Transfers to reserve accounts for future capital expenditures as projected in the Department's long-range plan.
B. 
Financial records. The fire companies shall establish and maintain in effect a financial records system which will enable the Treasurer of each organization at any time to internally produce a statement which fairly and accurately shows the financial condition of the organization as of the date produced. Such financial statement shall be prepared and published for each regular meeting of the fire companies, and copies of such statements shall be distributed to the Fire Chief. Each of the fire companies shall annually submit its financial records for the preceding fiscal year to the Township Board of Supervisors. The fire companies must cooperate with any Township audit or must conduct their own audit. In addition, the fire companies shall keep their records in compliance with generally accepted accounting principles.
C. 
Long-range capital expenditure budget. In connection with the Fire Service Plan, the Fire Chief shall prepare a long-range capital expenditure budget based on the plan that will document the following:
(1) 
The timing for the acquisition and estimated cost of capital emergency service equipment proposed to be added to or required for replacement of existing equipment or rehabilitation of the same.
(2) 
The timing for and estimated cost of capital improvements or additions to or acquisitions of land, buildings or parts of buildings and necessary fixtures for the housing of equipment and accommodation of personnel.
(3) 
Annual depreciation or reserves required to fund the long-range capital expenditure budget, which shall be integrated into the Department's annual operating budget.
The Fire Chief shall prepare a plan addressing the existing and future fire service needs of the Township. Such plan shall include projected needs for a period of not less than five years and shall propose an implementation schedule. The plan shall be updated at intervals not exceeding 10 years.
All equipment purchased by the Township for either fire company shall remain the property of West Manchester Township. None of the fire apparatus or equipment constituting real or personal property of the Township shall be permanently removed from the Township without prior written consent of the Board of Supervisors.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Board of Supervisors of West Manchester Township that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.