[Ord. 2012-02, 9/10/2012, § 1]
Consistent with prior action by the Township, the Township hereby
affirms the designation of the Lower Mount Bethel/Sandt's Eddy
Fire Company (the "Fire Company") as the officially recognized fire
company for the Township of Lower Mount Bethel. The Township also
affirms the designation of the Fire Company as the officially recognized
rescue squad for the Township of Lower Mount Bethel.
[Ord. 2012-02, 9/10/2012, § 2]
1.
The Fire Company is hereby authorized to provide such services to
the residents and property owners of the Township of Lower Mount Bethel
as may be necessary for the protection of property and persons situate
therein, which services include, by way of example and not limitation,
the extinguishment of fires and prevention of injury, loss of life
and damage to and destruction of property resulting from fire, vehicular
accidents, medical emergencies, hazardous materials incidents, water
emergencies, and other dangerous situations.
2.
The Fire Company may provide non-emergency and public service functions,
such as, by way of example and not limitation, removing water from
property after storms, and assisting in the removal, abatement and
prevention of damage or injury to persons or property, whether through
natural causes or man-made situations.
3.
The Fire Company may conduct and participate in such training activities
and drills, either within or outside of the Township of Lower Mount
Bethel, as may be deemed necessary by the President, Vice President,
Fire Chief or Deputy Fire Chief of the Fire Company to maintain proficiency
in providing services.
4.
The Fire Company may respond to calls and provide services to municipalities
outside of the Township of Lower Mount Bethel.
5.
The Fire Company is authorized to:
A.
Engage in any type of drill, training, ceremony, practice, test or
parade when duly called for or authorized by the President, Vice-President,
Fire Chief or Deputy Fire Chief of the Fire Company;
B.
Engage in fund-raising activities for the Fire Company, when authorized
by the President, Vice President, Fire Chief or Deputy Fire Chief
of the Fire Company;
C.
Engage in the performance of any other duty or activity on behalf
of the Fire Company authorized by the President, Vice President, Fire
Chief or Deputy Fire Chief of the Fire Company.
[Ord. 2012-02, 9/10/2012, § 3]
The Fire Company shall be responsible for ensuring that the
Fire Company and its firefighters, rescue personnel, fire police,
officers, directors, employees, volunteers and members of the Fire
Company (collectively "Fire Company personnel") maintain all required
certifications, approvals and permits, and fulfill all required training
requirements and any other necessary requirements.
[Ord. 2012-02, 9/10/2012, § 4]
No Fire Company personnel shall under any circumstances be considered
employees of the Township of Lower Mount Bethel based upon such status
or affiliation with the Fire Company, except to the extent set forth
in the Workers' Compensation Act, 77 P.S. § 1031(a)(1).
[Ord. 2012-02, 9/10/2012, § 5]
The Fire Company is an independent nonprofit corporation and
is not under the control of the Township of Lower Mount Bethel except
to the extent required by law or pursuant to any written contract
which may be entered into between the Fire Company and the Township
of Lower Mount Bethel. Accordingly, the Township accepts no liability,
obligation or responsibility for the action, inaction, policies, procedures,
management, oversight, control, planning or supervision of the Fire
Company or any Fire Company Personnel. The Township of Lower Mount
Bethel is not obligated to investigate the Fire Company or the Fire
Company Personnel to assure or confirm adherence to this Part, it
being understood that the purpose behind the Township adopting this
Part is to provide a document that the Fire Company may use when asked
whether the Fire Company has been recognized to provide services within
the Township of Lower Mount Bethel. The Fire Company and Fire Company
personnel shall not be considered or deemed to be agents of the Township
of Lower Mount Bethel.
