[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
This Part shall be known as the "Borough Fire Department Ordinance
of 2017."
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
The Fire Department of the Borough of Burnham shall consist
of the Burnham Fire Company with any additional fire companies located
within the Borough of Burnham which may hereinafter be recognized
by ordinance of the Borough, hereinafter designated as "Fire Department."
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The supervision and direction of the Fire Department shall be
under an officer to be known as the Chief of the Burnham Fire Department
and one assistant chief.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
1.
The Chief of the Burnham Fire Department shall be elected by a board
of three representatives elected annually, by the Burnham Fire Company,
above. The election for Chief of the Burnham Fire Department shall
be held at a date and time as determined from time to time by the
board of three representatives, elected as aforesaid, during the month
of December on or before December 15 of each odd-numbered year. The
term of office of the said Chief of the Burnham Fire Department shall
be for the term of two years from the first day of January next following
his/her election as aforesaid or until his/her successor is elected
and qualified; provided, however, that before said election shall
be final or effective the name of the person so elected shall be transmitted
in writing by the Board of the Burnham Fire Company to the Borough
Council of the Borough of Burnham prior to Borough Council's
meeting to be held on the first Monday of January of each even-numbered
year and shall be approved by the said Borough Council.
2.
In the event the said Borough Council should fail to approve the
person so elected as Chief, the Borough Secretary shall promptly notify
the said board of representatives in writing of the action of the
Council and the said board of representatives shall thereupon reconvene
at a mutually convenient time and place during January and shall proceed
to elect another person as Chief. The name of the person so elected
shall be transmitted, in writing, by the said board of representatives
and signed by the members thereof to the Council at its regular February
meeting and shall be considered for approval by the said Borough Council
at said time. In the event that said Borough Council should fail to
approve the person so elected as Chief, the procedure shall be repeated
as stated above. In no event, however, shall a person assume duties
as Chief until he has been approved by Borough Council. In the event
the said board of representatives shall neglect or refuse to elect
a Fire Chief and to report to the Council as herein stated, the Borough
Council of the Borough of Burnham shall at its meeting to be held
on the first Monday of January in each even-numbered year, or at any
regular meeting thereafter, proceed to elect a Fire Chief for the
ensuing two-year period.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
Before entering upon the duties of his/her office, the Chief
and Assistant Chief hereinafter provided for shall take an oath, to
be administered by the Mayor, to faithfully perform the duties of
their respective offices with fidelity and to the best of their ability.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The person elected Fire Chief is recommended to be a resident
of Burnham Borough, but, if not a resident, shall have residence at
least within one mile from the Burnham Borough boundary line. Except
for reasons set forth by the board of representatives (or the Borough
Council, as applicable) justifying a deviation therefrom, he/she shall
have 10 years as senior firefighter (above the age of 18) and five
years of line officer experience (Captain or Lieutenant). He/she must
be a member in good standing of the Burnham Fire Company, and must
not have employment, occupation or other responsibilities requiring
his, or her, being away from the Borough of Burnham regularly and
frequently. The person so elected as Fire Chief shall not hold an
elected or appointed position in the Burnham Fire Company during the
term as Fire Chief. By acceptance of this position, the Fire Chief
shall be deemed to agree, to the extent of his/her ability, to attend
all fires in and about the Borough of Burnham, to work diligently
for the preservation of life and property, to impartially direct and
control the Fire Department and the personnel and equipment thereof
and, to the best of his/her ability, obtain results satisfactory to
Borough Council.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
After being elected, approved by the Borough Council and having
received the oath of office as herein provided, the Fire Chief shall
promptly appoint an Assistant Fire Chief. The Fire Chief immediately
upon appointing the Assistant Fire Chief shall notify, in writing,
the Borough Council of the Borough of Burnham of such appointment,
and such appointment shall not be final and effective until such appointment
is approved by the Borough Council. At the regular meeting of Council
next following receipt from the Fire Chief of notification of the
appointment of the Assistant Fire Chief, the Council shall consider
the approval of the same. In the event the said Borough Council should
fail to approve the appointment of the Assistant Fire Chief, the Borough
Secretary shall promptly notify, in writing, the Fire Chief of the
action taken by the Council, and the Fire Chief shall thereupon promptly
appoint another person to replace the person not approved and shall
notify, in writing, the Borough Council of such appointment. Again,
the Borough Council shall consider approval of the same at its next
regular meeting. In the event that the Borough Council should fail
to approve the person so appointed as Assistant Fire Chief, the procedure
shall be repeated as stated above, until an Assistant Fire Chief is
appointed. In no case, whatsoever, shall a person assume duties as
Assistant Fire Chief until he/she has been approved by the Borough
Council. The term of office of the Assistant Fire Chief shall be for
two years or until their successors are elected and qualified.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
When attending fires, the Fire Chief shall give orders to the
accredited director or foreman of the company or companies in attendance,
only directing individual firemen when it obviously does not interfere
with their company discipline.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
Pursuant to the authority granted by the Act of November 23,
2010, P.L. 1181, Act 118, as it may be amended and supplemented (35
Pa.C.S.A. Subchapter D. Special Fire Police, § 7461 et seq.,
as it may be amended and supplemented), the volunteer fire company(ies)
in the Borough of Burnham, as referred to in § 512 may nominate
five members to be known as special fire police. Before entering upon
their duties, they shall be confirmed by the Mayor of the Borough.
It shall be duty of special fire police to attend all fires and see
that suitable barricades, signs or enclosures are placed around the
area of the fire in accordance with then current practice, to direct
traffic in and around the area of the fire, to prevent unauthorized
persons from interfering with the work of the fireman and rescue personnel
present, to protect property taken from the area of the fire and otherwise
assist in the preservation of property and the maintenance or order
in the best interests of service, and otherwise shall have all that
authority and those powers provided for in the aforementioned legislation
relating to special fire police.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Borough Council of the Borough of Burnham, in its sole discretion,
shall have the authority to remove at any time a Fire Chief or an
Assistant Fire Chief for incompetency, neglect of duty or for any
other cause as determined of Borough Council touching upon the powers
and duties of such office.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Fire Chief shall have the right to remove at any time at
his/her sole discretion an Assistant Fire Chief for cause, for incompetency,
for neglect of duty or for any other cause touching upon the office.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
In the case of the death, registration or removal from office
or removal of his/her principal residence to a residence in excess
of one mile from the boundary of the Borough of Burnham or in the
event that the Fire Chief is not able by reason of physical or mental
condition to carry out the duties of Fire Chief, the Assistance Fire
Chief shall serve as acting Fire Chief of the Fire Department until
the selection of a new Fire Chief. Upon the happening of any such
contingency the elected board of three representatives referred to
in § 514 above, shall meet promptly and elect a new Fire
Chief to fill the unexpired term of the former Fire Chief and shall
transmit the name of the person so elected in writing signed by said
board of three representatives to the Borough Council of the Borough
of Burnham prior to the next regular meeting of the said Borough Council.
The said Borough Council shall consider approval of the person elected
at its next regular meeting. In the event that the said Borough Council
should not approve the person so elected, the procedure shall be followed
as set forth in § 514, above.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
In the case of the death, resignation or removal from office
of an Assistant Fire Chief, the Fire Chief shall promptly appoint
a new Assistant Fire Chief and report the name of the person so appointed
to the Borough Council of the Borough of Burnham for approval following
the procedure set forth in § 517.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Fire Chief and the Assistant Fire Chief while performing
their official duties shall wear prominently displayed upon their
person a suitably inscribed official badge of their office and authority.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
The Assistant Fire Chief shall have the same powers and authority
as the Fire Chief in the absence of the Fire Chief. The presence at
a fire or the performance of duties by the Assistant Fire Chief shall
not be deemed to relieve the Fire Chief or Assistant Fire Chief of
their responsibility in attending fires. If an Assistant Fire Chief
arrives at a fire before the Fire Chief, he/she shall have control
until the arrival of the Fire Chief.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The orders of supervisory personnel of the Fire Company in placing
lines of hose, fire engines or methods of fighting fires will not
be interfered with by the Fire Chief or Assistant Fire Chief unless
in his/her judgment material advantage can be gained thereby, but
when orders for any such changes are given by the Fire Chief, they
must be obeyed by the officer of company in a prompt and effective
manner. In the case of the failure of any fireman to obey orders,
the Fire Chief shall report him/her to the Fire Company for insubordination.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Fire Chief shall have the authority to make the recall of
"Fire Out" signal; and in case only a portion of the department personnel
and equipment shall be required for duty, he shall have the authority
to designate which portion of the company or companies shall perform
such duties.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Fire Company shall keep a record of all fires in the Borough
of Burnham containing such items of information as may be required
by the Borough Council in a permanent book to be furnished by the
Borough. This book shall be available for inspection at any time by
any authorized person, and shall be turned over promptly by the Fire
Chief to his/her successor when elected and qualified. Supervisory
personnel of the company shall furnish necessary information to the
Fire Chief for maintenance of this record.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 2017-2, 6/5/2017]
The Fire Chief shall keep a record of the fire equipment of
the Fire Company with the view of inspecting the equipment and seeing
that the equipment is kept in proper condition for service at all
times, and it will be expected that his/her recommendation for the
care of hose and other equipment shall receive proper consideration
by the Fire Company. The Chief shall also keep a record of officers
and members of the Fire Company.
[Ord. No. 1963-7, 11/14/1963;
as amended by Ord. No. 1995-2, 3/14/1995;
and by Ord. No. 2017-2, 6/5/2017]
It shall be unlawful for any person or persons except the Fire
Chief, Assistant Fire Chief, firemen, fire police, rescue personnel
and owners and persons directly interested in the property to come
into the area of a fire in the Borough of Burnham, or to interfere
with or impede in any way with property in the area of a fire or with
the movement of personnel or equipment engaged in fighting the fire.
It shall also be unlawful for any person or persons to resist the
authority of the Fire Chief while on duty, or to in any way interfere
with the Fire Chief, his/her Assistant, the firemen or fire police
at fires in the Borough of Burnham. Any person or persons violating
any of the provisions of this section shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
[Ord. No. 2017-2, 6/5/2017]
The Chief of the Fire Department, the Assistant Chief and all
response members of the Fire Department, as well as all special fire
police, shall be required as a condition precedent of assuming their
duties to consent to the obtaining of a criminal background check
by or on behalf of the Borough. So as to facilitate the obtaining
of the same by the Borough, said persons shall execute all necessary
consent or permission forms in relation thereto as determined by Borough
Council and by the reporting agencies, including the Pennsylvania
State Police, from time to time. The costs or fees related to the
criminal background check, if any, shall be payable by the person
who is required to undergo the criminal background check or by that
person's recognized volunteer fire company. No person convicted
of a felony shall hold any such positions. Furthermore, Borough Council
reserves the right in the exercise of its discretion in the confirmation
or appointment of the person so nominated for Chief of the Fire Department
or other position to deny appointment or terminate appointment based
on the reports received.
[Ord. No. 2017-2, 6/5/2017]
1.
In that the Borough is responsible to assure that allocations or
appropriations from the Borough to any volunteer fire company comprising
the Fire Department of the Borough of Burnham are being utilized for
the intended purposes, as a condition to the receipt of allocations
or appropriations from the Borough the recognized volunteer fire company
or companies (as applicable) must:
A.
At all times comply with the laws and regulations of the Commonwealth
of Pennsylvania and the United States of America.
B.
Comply with all deadlines of the Internal Revenue Service and on
or before June 1 of each year provide a copy of the respective entity's
last filed IRS Form 990, Return of Organization Exempt from Income
Tax, for the immediately preceding tax year to Borough Council.
C.
On or before January 15 of each year provide a list of the names,
ages, addresses, occupations and telephone numbers of all response
members of the respective recognized volunteer fire company to the
Chief of the Fire Department and to Borough Council.
D.
Provide a list of any additions or deletions to the list of response
members within 30 days of the respective addition or deletion of a
response member.
E.
Provide to Burnham Borough Council an annual itemized listing of
all expenditures of such allocations or appropriations for the immediately
preceding year by February 15 of each following year.
F.
Have and make available at least one representative to be present
at a meeting scheduled by the Borough of Burnham, when and if requested
by Borough Council or its representative(s).
