Article 4
Volunteer Fire Company Matters
§2-401 Fire and Rescue Company Recognized and Territory Assigned.
Community Fire Company of Cornwall Borough is hereby designated as the officially recognized volunteer fire and rescue company to provide first due response for such portions of Cornwall Borough, Lebanon County, Pennsylvania, as Borough Council may establish from time to time.
(Ord. 2016-1, 9/12/2016, §1)
§2-402 Authorized Activities of the Fire and Rescue Company.
Borough Council hereby authorizes the Community Fire Company of Cornwall Borough to perform the following activities and services:
A. To provide such services as may be necessary for the protection of property and persons situate in the Borough, which include, by way of example and not of limitation, the extinguishment of fires and the prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous material incidents, and other dangerous situations.
B. To provide non-emergency and public services such as, by way of example and not of limitation, removing water from property after storms; assisting in the removal, abatement and prevention of damage or injury to persons or property, whether through natural causes or man-made situations; and directing traffic and parking at local events as requested as and when authorized by the Fire Chief or Borough Council.
C. To conduct and participate in such training activities and drills, either within or outside of the Borough, as may be deemed necessary by the Fire Chief to maintain proficiency in providing services.
D. To respond to calls and provide services to municipalities outside the Borough when so requested by such municipality or another fire company or when directed to so respond by Lebanon County Communications.
E. To request aid and services from the Cornwall Borough Police Department, Pennsylvania State Police, other police departments, other fire companies and/or other emergency service providers when responding to emergencies within the Borough.
(Ord. 2016-1, 9/12/2016, §1)
§2-403 Authorized Activities of Members of Community Fire Company of Cornwall Borough.
Borough Council hereby authorizes the members of Community Fire Company of Cornwall Borough to perform the following activities and services when so requested or authorized by the Fire Chief or Borough Council:
A. To engage in any type of drill, training, ceremony, practice, test or parade as the Community Fire Company of Cornwall Borough in its sole discretion shall deem appropriate.
B. To engage in fund-raising activities for Community Fire Company of Cornwall Borough as the Community Fire Company of Cornwall Borough in its sole discretion shall deem appropriate. Such fund-raising activities may include, but are not limited to, auctions, festivals, bingo, banquets, carnivals, barbecues, breakfasts, dinners, sub and sandwich sales, and sale of refreshments at auctions or other events.
C. To engage in the performance of any other duty or activity which contributes to its mission of Community Fire Company of Cornwall Borough as expressly authorized by Community Fire Company of Cornwall Borough.
If any members of Community Fire Company of Cornwall Borough engage in such activities without the express permission or authorization of the Community Fire Company of Cornwall Borough, their activities will be considered outside the scope of the members’ authorization and in direct violation of the members’ defined scope of duties.
(Ord. 2016-1, 9/12/2016, §1)
§2-404 Purpose.
The purpose of this Article is to recognize Community Fire Company of Cornwall Borough as an official first due response fire company within the Borough and to state additional authorized activities for members of Community Fire Company of Cornwall Borough for workers’ compensation and governmental immunity purposes. It is the additional purpose of this Article to enable the families of members of Community Fire Company of Cornwall Borough to be eligible for benefits under the Act of June 24, 1976, P.L. 424, No. 101, as amended, 53 P.S. §891 et seq., commonly known as the Pennsylvania State Death Benefit Act, and the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, Act 129 of 1998, to the extent allowed by law.
(Ord. 2016-1, 9/12/2016, §1)
§2-405 Assistance from Other Volunteer Fire Companies and Emergency Responders.
Borough Council recognizes that other volunteer fire companies and other emergency responders, including but not limited to ambulance services and EMS, may provide assistance to Community Fire Company of Cornwall Borough in responding to emergencies within the Borough. Borough Council additionally recognizes that in certain instances a volunteer fire company other than Community Fire Company of Cornwall Borough may arrive first at an emergency scene because Community Fire Company of Cornwall Borough is responding to other emergencies, encountering traffic problems, or as a result of geography. To the extent required or permitted by law, the Borough acknowledges the assistance of all other volunteer fire companies and other emergency responders, including but not limited to ambulance services and EMS, within Lebanon County and authorizes such other volunteer fire companies and other emergency responders, including but not limited to ambulance services and EMS, within Lebanon County to provide such services within the Borough and to Community Fire Company of Cornwall Borough.
(Ord. 2016-1, 9/12/2016, §1)
§2-406 Authorization to Identify Insurance Coverage(s).
The Community Fire Company of Cornwall Borough is hereby authorized, by and through its officers and authorized representatives, to ascertain what insurance coverages may be applicable and available under any given circumstance, and to take all necessary and affirmative steps to apply for and receive reimbursement from any insurance carrier where an owner and/or driver of a motor vehicle and/or a property owner or business owner is or may be insured to reimburse the Community Fire Company of Cornwall Borough for any costs and/or expenses incurred for services, supplies and/or equipment used for or provided to the owner and/or driver of motor vehicles, to the property owner or business owner by the Community Fire Company of Cornwall Borough.
(Ord. 2016-1, 9/12/2016, §1)
§2-407 Authorization to Recover Costs; Limitation.
1. Cornwall Borough further authorizes the Community Fire Company of Cornwall Borough to recover reasonable costs for firefighting, for the firefighting materials and equipment and hazardous abatement materials involved in any and all hazardous abatement material incidents as are recoverable under the Hazardous Material Emergency Planning and Response Act.
2. Cornwall Borough further authorizes the Community Fire Company of Cornwall Borough to recover reasonable costs for responses to safety and rescue instances involving vehicular accidents.
3. However, and notwithstanding anything herein to the contrary, under no circumstances shall any property owner receive a bill from the Community Fire Company of Cornwall Borough for fire protection or other services provided by the Community Fire Company of Cornwall Borough, except in cases of false alarms and/or fires which are intentionally set by the property owner.
(Ord. 2016-1, 9/12/2016, §1)
§2-408 Method of Recovery; Administrative Fees and Costs.
The costs and fees as outlined in this Article shall be recovered directly by the Community Fire Company of Cornwall Borough by direct billing by the Community Fire Company of Cornwall Borough, or by an attorney, collection service or agency contracted by the Community Fire Company of Cornwall Borough. In addition to the costs and fees as outlined in this Article, the Community Fire Company of Cornwall Borough, or any attorney or collection service or agency contracted by the Community Fire Company of Cornwall Borough, shall be authorized to collect any reasonable interest and administration fees for collection of the costs and fees.
(Ord. 2016-1, 9/12/2016, §1)
§2-409 Enforcement.
In the event any insurance carrier or person fails to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the Community Fire Company of Cornwall Borough, or any attorney or agency contracted by the Community Fire Company of Cornwall Borough who mailed or delivered the bill or invoice, may enforce the provisions of this Article by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the Community Fire Company of Cornwall Borough together with statutory interest, court costs, collection fees and reasonable attorney’s fees. The remedies provided herein shall be in addition to any other relief, remedies or penalties that may be appropriate or provided by law.
(Ord. 2016-1, 9/12/2016, §1)
§2-410 Relief Association Recognized.
The Relief Association of Community Fire Company of Cornwall Borough is officially recognized as an association which has been formed for the benefit of its members and their families in case of death, sickness, temporary or permanent disability or accidents suffered in the line of duty. The Relief Association of the Community Fire Company of Cornwall Borough is designated as the proper association to receive such funds as are due and payable to the Borough Treasurer by the Treasurer of the Commonwealth of Pennsylvania from the tax on premiums from foreign fire insurance companies.
(Ord. 2016-1, 9/12/2016, §1)
§2-411 Annual Appropriations to Relief Association.
There is annually appropriated from the Borough Treasury all of the sum or sums of monies that may be in the future paid into the Borough Treasury by the Treasurer of the Commonwealth of Pennsylvania on account of taxes paid on premiums by foreign fire insurance companies to the duly recognized Association within 60 days of receipt in accordance with the Act of December 18, 1984, No. 205, §701 et seq., as hereinafter amended, supplemented, modified or reenacted by the General Assembly of this Commonwealth.
(Ord. 2016-1, 9/12/2016, §1)
§2-412 Interpretation.
This Article shall be liberally construed to accomplish its purposes to compensate and/or reimburse the Community Fire Company of Cornwall Borough from insurance proceeds for costs and/or expenses incurred while providing services pursuant to their duties for the Community Fire Company of Cornwall Borough.
(Ord. 2016-1, 9/12/2016, §1)