Chapter 7. Fire Prevention and Fire Protection

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1 Chapter 7 Fire Prevention and Fire Protection Part 1 Recognition of Morton-Rutledge Fire Company Fire Company Recognized Authorized Activities of the Fire Company Authorized Activities of Members of the Fire Company Purpose General Provisions Display and Discharge Penalties Part 2 Display of Fireworks Part 3 Morton-Rutledge Fire Company Recovery Ordinance Title Clauses Set Forth at Length Reimbursement of Costs Recover Reasonable Costs of Firefighting Owner Not to Receive a Bill Purpose Collection of Costs and Fees Enforcement 7-1

2 7-2

3 7-101 Fire Prevention and Fire Protection Part 1 Recognition of Morton-Rutledge Fire Company Fire Company Recognized. The Morton-Rutledge Fire Company, organized and existing at 38 Alpha Terrace in the Borough of Morton, Delaware County, Pennsylvania, is hereby designated as the officially recognized fire company for the Borough. (Ord. 686, 6/9/2010, 1; as amended by Ord. 731, 2/11/2015) Authorized Activities of the Fire Company. 1. 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 or not of limitation, the extinguishment and prevention of loss of life and property from fire, automobile accidents, medical emergencies, hazardous materials incidents, and other dangerous situations. 2. The company may also provide non-emergency 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. 3. The 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 company to maintain proficiency in providing service. 4. The company may also respond to calls and provide services to municipalities outside of the Borough. (Ord. 686, 6/9/2010, 2) 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 an officer or officers of the fire company. B. Engage in fund-raising activities for the fire company, when authorized by an officer or officers of the fire company. C. Engage in the performance of any other duty or activity authorized by any officer of the recognized fire company. (Ord. 686, 6/9/2010, 3) Purpose. The purpose of this Part is to recognize the Morton-Rutledge Fire Company as the official fire company of the Borough, and state additional authorized activities for 7-3

4 7-104 Borough of Morton firefighters for workers compensation purposes. (Ord. 686, 6/9/2010, 4; as amended by Ord. 731, 2/11/2015) 7-4

5 7-201 Fire Prevention and Fire Protection Part 2 Display of Fireworks General Provisions. 1. Scope. The manufacture of fireworks is prohibited within the Borough. The display or discharge of fireworks shall comply with the requirements of this Part. 2. Permit Required. A permit shall be obtained from the designated official for the display or discharge of fireworks. 3. Permit Applications. Application for permits shall be made in writing at least 15 days in advance of the date of the display or discharge of fireworks. The possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein. 4. Definition. A. The term fireworks shall mean and include any combustible or explosive composition or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks or other fireworks of like construction, and any fireworks containing any explosive or flammable compound or any tablets or other device containing an explosive substance. B. The term fireworks shall not include sparklers, toy pistols, toy canes, toy guns or other devices in which paper caps containing.25 grain or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than.20 grain of explosive mixture, the sale and use of which shall be permitted at all times, nor shall the term fireworks include toy cannons which operate on the principle of mixing calcium carbide, weighing less than 1/10 of an ounce, and water in the reservoir of the cannon and in which ignition results upon the creation of a spark. (Ord. 731, 2/11/2015) Display and Discharge. 1. General. It shall be a violation of this Part for any person to store, or use or explode any fireworks, except as provided in the rules and regulations issued by the fire official for the granting of permits for supervised public displays of fireworks by the Borough, fair associations, amusement parks and other organizations. Every such display shall be handled by a competent operator approved by the Borough Manager. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the Borough Manager, will not be a hazard to property or endanger any person. 7-5

6 7-202 Borough of Morton Bond for Display. The permittee shall furnish a bond in an amount deemed adequate by the Borough Council but not less than $500, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, the permittee s agents, employees or subcontractors. 3. Disposal of Unfired Fireworks. Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in a safe manner approved by the Borough Manager. 4. Seizure of Fireworks. The fire official shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for display, stored or held in violation of this Part. (Ord. 731, 2/11/2015) Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. 731, 2/11/2015) 7-6

7 7-301 Fire Prevention and Fire Protection Part 3 Morton-Rutledge Fire Company Recovery Ordinance Title. This Part shall be known as the Morton-Rutledge Fire Company Recovery Ordinance. (Ord. 726, 1/8/2014, 1) Clauses Set Forth at Length. All Whereas 1 clauses set forth above are hereby incorporated herein as though the same were more fully set forth at length. (Ord. 726, 1/8/2014, 2) Reimbursement of Costs. The Morton-Rutledge Fire Company is authorized and directed by and through their officers and authorized representatives, to ascertain what insurance coverage 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 a property owner, or business owner, is or may be insured to reimburse the Morton-Rutledge Fire Company for any costs and/or expenses incurred for services, supplies and/or equipment used for or provided to the property owner or business owner by the Morton-Rutledge Fire Company. (Ord. 726, 1/8/2014, 3) 1 WHEREAS, Morton Borough Ord. 726 recognizes and designates the Morton- Rutledge Fire Company as the officially recognized fire company of the Borough of Morton; and WHEREAS, the Morton-Rutledge Fire Company responds to hazardous material incidents; and WHEREAS, said responses, on occasion, involve the use of hazardous materials abatement equipment, as well as hazardous materials abatement materials; and WHEREAS, the Morton-Rutledge Fire Company responds to other safety and rescue incidents, including but not limited to, firefighting and vehicular accidents; and WHEREAS, it is the intention of the Borough Council to recognize the authority of the Morton-Rutledge Fire Company to seek collection and reimbursement for reasonable costs of responding to such incidents from insurance companies; and WHEREAS, the Borough Council finds that individual property owners may maintain insurance coverage within their own casualty insurance policies, homeowner s policies and/or other applicable policies that would provide reimbursement to the Morton-Rutledge Fire Company for firefighting and other services rendered to the individual property owners and businesses in response to emergency service requests. 7-7

8 7-304 Borough of Morton Recover Reasonable Costs of Firefighting. The Borough further authorizes the Morton-Rutledge Fire Company to recover reasonable costs of 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. (Ord. 726, 1/8/2014, 4) Owner Not to Receive a Bill. However, and notwithstanding anything herein to the contrary, under no circumstances shall any property owner receive a bill from the Morton-Rutledge Fire Company for fire protection or other services provided by the Morton-Rutledge Fire Company except in cases of false alarms and/or fires which are intentionally set by the property owner. (Ord. 726, 1/8/2014, 5) Purpose. This Part shall be liberally construed to accomplish its purpose to compensate and/or reimburse the Morton-Rutledge Fire Company from insurance proceeds for costs and/or expenses incurred while providing services pursuant to their duties for the Morton-Rutledge Fire Company. (Ord. 726, 1/8/2014, 6) Collection of Costs and Fees. The costs and fees as outlined in this Part shall be recovered directly by the Morton-Rutledge Fire Company by direct billing of the Morton-Rutledge Fire Company by an attorney, collection service or agency contracted by the Morton-Rutledge Fire Company. In addition to the costs and fees as outlined in this Part, the Morton- Rutledge Fire Company or any attorney or collection service or agency contracted by the Morton-Rutledge Fire Company shall be authorized to collect any reasonable interest and administration fees for collecting the costs and fees. (Ord. 726, 1/8/2014, 8) 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 Morton-Rutledge Fire Company or any attorney or agency contracted by the Morton-Rutledge Fire Company who mailed or delivered the bill or invoice may enforce the provisions of this Part by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the Morton-Rutledge Fire Company together with statutory interest, court costs, collection fees and reasonable attorney 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. 726, 1/8/2014, 9) 7-8

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