[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.
A.
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.
B.
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,[1] as amended, and unless there is compliance with Section
508 (c) of Act 98 of 1992,[2] as amended, and, the provisions of this article,
Where pursuant to Section 508 (b)(1)(i) of Act 98 of 1992,[1] 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:
A.
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
B.
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.
C.
The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.
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.
E.
Upon receipt of proceeds under this section, the municipality shall
do the following:
(1)
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
(2)
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
(3)
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
(4)
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.
F.
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.
[1]
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.
