[Ord. 90-147, 8/2/1990, §§ 1 - 3; as amended by Ord. No. 99-184, 4/1/1999]
1.
Fire Company Recognized. The New Stanton Volunteer Fire Department,
organized and existing in the Borough of New Stanton, Westmoreland
County, Pennsylvania, is hereby designated as the officially recognized
fire company for the Borough.
2.
Authorized Activities of the Fire Company.
A.
The fire company recognized by the Borough is hereby authorized to
provide such services to the Borough as may be necessary for the protection
of property and persons situate therein, which include, by way of
example and not of limitation, the extinguishment of fires and prevention
of loss of life and property from fire, automobile accidents, medical
emergencies, hazardous materials incidents and other dangerous situations.
B.
The fire company may also provide nonemergency and public service
functions, such as, again by way of example and not of 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.
C.
The fire company may also conduct and participate in such training
activities and drills, either within or outside of the Borough, as
may be deemed necessary by the officers of the fire company to maintain
proficiency in providing service.
D.
The fire company may also respond to calls and provide services to
municipalities outside of the Borough pursuant to mutual aid agreements.
3.
Authorized Activities of Members of the Fire Company. In addition
to actually participating in the activities of the fire company as
authorized above, or in going to or returning from any activity, the
members of the fire company recognized by the Borough are also authorized
to do the following things:
A.
Engage in any type of drill, training, ceremony, practice, test or
parade when duly called for or authorized by the fire company or an
officer or officers of the fire company;
B.
Engage in fund-raising activities for the fire company, when authorized
by an officer of the fire company.
C.
Engage in the performance of any other duty or activity authorized
by any officer of the fire company.
4.
Purpose. The purpose of this section is to recognize the New Stanton
Volunteer Fire Department as the official fire company of the Borough
and to state additional authorized activities for members and firefighters
of the fire company for workers' compensation purposes.
5.
If any word, phrase, section, sentence, clause or part of this section
is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, invalidity or illegality shall not affect
or impair any of the remaining words, phrases, sections, sentences,
clauses or parts of this section. It is hereby declared to be the
intent of the Borough Council that this section would have been adopted
had such unconstitutional, illegal or invalid word, phrase, section,
sentence, clause or part thereof not been included therein.
6.
General Repealer. All ordinances or parts of ordinances inconsistent
with this section are hereby repealed.
[Ord. 90-147, 8/2/1990, § 4]
Junior firefighters are specifically authorized to engage in
all activities and duties permitted under the Child Labor Laws[1] of the Commonwealth of Pennsylvania and the regulations
of the Bureau of Labor Standards, which specific activities shall
be those activities and duties as are authorized by the New Stanton
Volunteer Fire Department or by any officer or officers of the same;
provided, however, that in no event shall junior firefighters engage
in any activities prohibited, restricted or limited by the Child Labor
Laws or the regulations of the Bureau of Labor Standards.
[1]
Editor's Note: See 43 P.S. § 40.1 et seq.
[Ord. 90-147, 8/2/1990, § 5]
Fire police shall be regular or associate members of the New
Stanton Volunteer Fire Department. They shall be those individual
volunteer firefighters nominated by the New Stanton Volunteer Fire
Department to serve as special fire police. Such individuals shall
be confirmed by the Mayor of the Borough of New Stanton, be duly sworn
and display a badge or other indicia of authority as special fire
police. Such special fire police are authorized to engage in all activities
and duties as set forth in Act 122 (35 P.S. § 1201);[1] provided, however, that in no event shall such special
fire police engage in activities prohibited, restricted or limited
by said Act.
[1]
Editor's Note: 35 P.S. § 1201 was repealed 11-23-2010
by P.L. 1181, No. 118, § 7(a)(2). See now 35 Pa.C.S.A. §§ 7433
to 7435.
[Ord. 90-147, 8/2/1990, § 6]
Said fire police, when engaged in the performance of their authorized
activities and duties, shall be under the direction and control of
the officer in charge of the scene or occurrence requiring their attendance.
[Ord. 97-173, 2/6/1997]
1.
The following association is hereby recognized as actively engaged
in providing fire protection and/or emergency services in the Borough
of New Stanton:
Stanton Volunteer Fire and Relief Association, Inc.
The above-named association has been formed for the benefit
of its members and their families in case of death, sickness, temporary
or permanent disability or accident suffered in the line of duty.
2.
The above named association of the Borough is designated the proper
association to receive such funds as are due and payable to the Borough
Treasurer by the Treasurer of the State of Pennsylvania from the tax
on premiums from foreign fire insurance companies.
[Ord. 97-173, 2/6/1997]
The Borough Council shall annually certify to the Auditor General
of the Commonwealth the name of the active association and the percentage
of service it contributes to the protection of the Borough of New
Stanton. Such certification shall be on forms prescribed by the Auditor
General.
[Ord. 97-173, 2/6/1997]
There is annually appropriated from the Borough Treasury all
such sums of money that may hereafter be paid into the Borough Treasury
by the Treasurer of the State of Pennsylvania on account of taxes
paid on premiums of foreign fire insurance companies in pursuance
of the Act of December 18, 1984, No. 205, Section 701 et seq.,[1] as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania. Such monies received by the
Borough Treasurer from the State Treasurer shall be distributed to
the duly recognized association within 60 days of receipt. The funds
shall be distributed on the basis of the percentage of service established
in the certification to the Auditor General and with other provisions
of the Act.
[1]
Editor's Note: See 53 P.S. § 895.101 et seq.
