[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-15-1970 by Ord. No. 398, approved 9-15-1970; amended in its entirety 4-17-2012 by Ord. No. 879, approved 4-17-2012]
The several volunteer fire companies now in service in the Borough of Shippensburg, namely, Vigilant Hose Company No. 1, Cumberland Valley Hose Company No. 2 and West End Fire & Rescue No.3, shall together form the Fire Department of the Borough of Shippensburg, hereinafter designated as the "Fire Department."
The Fire Department shall be under the supervision and direction of an officer to be known as the "Borough Fire Chief" and three Assistant Borough Fire Chiefs, by designation "First Assistant," "Second Assistant" and "Third Assistant."
The Borough Fire Chief shall be appointed biannually by Borough Council. The three Assistant Borough Fire Chiefs shall be appointed annually; one shall be appointed from each of the fire companies comprising the Shippensburg Department. The Borough Council, at its first regular meeting in January of each year or as soon as practicable thereafter, shall make the aforesaid appointments.
No person shall be eligible to hold the office of Borough Fire Chief who has not attained the age of 25 years, nor has met the training requirements set forth by the Shippensburg Area Fire Advisory Board. The Borough Fire Chief must have at least five years of experience as a fire fighter at his/her respective company in good standing. The Borough Chief must have been active at one of the three Shippensburg fire stations.
No person shall be eligible to hold the office of Assistant Fire Chief who has not attained the age of 21 years. The Assistant Fire Chief must have at least five years of experience as a firefighter at his/her respective company in good standing.
After such appointments shall be made by the Borough Council, the Borough Fire Chief shall take the oath of office and hold the office for two years. The three Assistant Borough Fire Chiefs shall take office and hold office for one year thereafter or until their respective successors shall take office. In case of death, resignation or removal from the office of the Borough Fire Chief, the first-named Assistant Borough Chief shall assume and exercise the office of Borough Fire Chief until the vacancy thus created is filled by appointment by Borough Council.
Before assuming office as such, the Borough Fire Chief and each of the Assistant Borough Fire Chiefs shall take or sign an oath, to be administered by the Mayor, to faithfully perform all the duties of their respective offices.
The Borough Council shall have authority to remove the Borough Fire Chief or any Assistant Borough Fire Chief for incompetency, neglect of duty, violation of law or any other cause touching upon the powers and duties of such officer and his/her relation to the Fire Department, as determined by Borough Council.
The Borough Fire Chief and Assistant Borough Fire Chief shall carry out such duties and obligations, as are contained in such rules and regulations for the emergency services, in the Borough of Shippensburg as have been duly adopted by the Borough Council of the Borough of Shippensburg or the Shippensburg Area Fire Advisory Board.
The Borough Fire Chief will be responsible to ensure for the proper readiness of the Fire Department. He/she will review and update policies and procedures, response plans, pre-fire plans, complete fire safety inspections as needed, provide fire safety programs to the public and investigate fires within the Borough. The Borough Fire Chief will report directly to the Borough Manager and Council President on matters related to the Fire Department. He/she will provide Borough Council with written reports and guidance on all fire-service-related matters. The Borough Fire Chief will delegate responsibilities and duties to the Assistant Borough Fire Chiefs as needed.
The Borough Fire Chief or, in his/her absence, the highest ranking available subordinate officer shall have control over all fire/rescue related incidents within the Borough.
[Adopted 4-17-2012 by Ord. No. 880, approved 4-17-2012]
The Borough Secretary, or such official's designee, is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein.
No insurance company, association or exchange (hereinafter the "insuring agent,") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Borough of Shippensburg, Cumberland and Franklin Counties (hereinafter "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500,00, unless the insuring agent is furnished by the Municipal Treasurer with a municipal certificate pursuant to Section 508 (b) of Act 98 of 1992, as amended, and unless there is compliance with Section 508 (c) of Act 98 of 1992, as amended, and, the provisions of this article,
Where pursuant to Section 508 (b)(1)(i) of Act 98 of 1992, as amended, the Municipal Treasurer issues a certificate indicating that there are not delinquent taxes, assessments, penalties, or user charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:
The insuring agent shall transfer from the insurance proceeds to the designated officer of the municipality in the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the municipality shall be $2,000; or
If at the time of a proof of loss agreed to between the named insured and the insuring agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the insuring agent shall transfer to the municipality from the insurance proceeds the amount specified in the estimate.
The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure.
After the transfer, the named insured shall submit a contractor's signed estimate within 60 days of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the municipality in excess of the estimate to the named insured, if the municipality has not commenced to remove, repair or secure the building or other structure.
Upon receipt of proceeds under this section, the municipality shall do the following:
The designated officer shall place the proceeds in a separate fund to be used solely as security against the total costs of removing, repairing, or securing the building or structure which are incurred by the municipality. Such costs shall include all reasonable and customary engineering, legal or administrative costs incurred by the municipality in connection with such removal, repair, or securing of the building or any proceedings related thereto; and
It is the obligation of the insuring agent when transferring the proceeds to provide the municipality with the name and address of the named insured and, upon receipt of the transfixed funds and the name and address of the named insured, certify that the proceeds have been received by the municipality and notify the named insured that the procedures under this subsection shall be followed; and
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the municipality and the required proof of such completion received by the designated officer, and if the municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and, if excess funds remain, the municipality shall transfer the remaining funds to the named insured; and
To the extent that interest is earned on proceeds held by the municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
Nothing in this section shall be construed to limit the ability of the municipality to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Council of the Borough may by resolution adopt procedures and regulations to implement Act 98 of 1992, as amended, and this article may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 98 of 1992, as amended and this article, including but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.
Any owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to $1,000 per violation.
The provisions of this article shall be severable and, if any of the provisions hereof shall be held to be invalid or unenforceable, the remaining provisions of this article shall remain in effect.