PRINTER'S NO. 1993
No. 1714 Session of 1993
INTRODUCED BY BAKER, DeLUCA, CIVERA, CHADWICK, BROWN, GORDNER,
CESSAR, RAYMOND, STEIL, ARMSTRONG, HENNESSEY, NICKOL,
HUTCHINSON, B. SMITH, WAUGH, PETTIT, TRUE, BELFANTI, LAUB,
STERN, SAURMAN, PITTS, MILLER, KING, LYNCH, ARGALL, MAITLAND,
TRELLO, BOYES, ALLEN AND KASUNIC, JUNE 7, 1993
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 7, 1993
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for an interstate
3 firefighting and emergency services compact.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 71 of Title 35 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 CHAPTER 71
9 GENERAL PROVISIONS
10 * * *
11 SUBCHAPTER C
12 INTERSTATE FIREFIGHTING AND EMERGENCY
13 SERVICES COMPACT
14 Sec.
15 7121. Interstate firefighting and emergency services compact
16 enacted.
17 § 7121. Interstate firefighting and emergency services compact
1 enacted.
2 The Interstate Firefighting and Emergency Services Compact is
3 hereby enacted into law and entered into with all jurisdictions
4 legally joining in the compact in the form substantially as
5 follows:
6 Article 1
7 The purpose of this compact is to provide for effective
8 firefighting and the efficient delivery of emergency services
9 among the States. The prompt, full and productive utilization of
10 the firefighting and emergency services resources of the
11 respective States is essential to the health, safety and welfare
12 of their residents.
13 Article 2
14 It shall be the duty of each party State to formulate
15 firefighting and emergency services delivery plans and programs
16 for application in adjacent States. There shall be frequent
17 consultation between the representatives of the States and the
18 free exchange of information and plans, including rosters of
19 firefighters and emergency services personnel and materials and
20 equipment available for firefighting and the provision of
21 emergency services. In carrying out the plans and programs, the
22 party States shall, so far as possible, provide and follow
23 uniform standards, practices and rules.
24 Article 3
25 Any party State requested to render mutual aid shall take
26 such action as is necessary to provide and make available the
27 resources covered by this compact in accordance with its terms.
28 It is understood, however, that the State rendering aid may
29 withhold resources to the extent necessary to provide reasonable
30 protection for that State. Each party State shall extend to the
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1 firefighters and emergency services personnel of any other party
2 State while operating within its State limits under the terms
3 and conditions of this compact, the same powers (except that of
4 arrest, unless specifically authorized by the receiving State),
5 duties, rights, privileges and immunities as if they were
6 performing their duties in the State in which normally employed
7 or rendering services.
8 Article 4
9 Whenever any person holds a license, certificate or other
10 permit issued by any State evidencing the meeting of
11 qualifications for professional, mechanical or other skills, the
12 person may render aid involving the skill in any party State to
13 meet a fire, emergency or disaster, and the State in which the
14 aid is rendered shall give due recognition to the license,
15 certificate or other permit as if it were issued in the State in
16 which the aid is rendered.
17 Article 5
18 No party State or its officers or employees rendering aid in
19 another State under this compact shall be liable on account of
20 any act or omission in good faith while engaged in rendering aid
21 or on account of the maintenance or use of any equipment or
22 supplies in connection with rendering aid.
23 Article 6
24 Inasmuch as it is probable that the pattern and detail of the
25 machinery for mutual aid among two or more States may differ
26 from that appropriate among other States party to this compact,
27 this instrument contains elements of a broad base common to all
28 States, and nothing in this compact shall preclude any State
29 from entering into supplementary agreements with another State
30 or States. The supplementary agreements may comprehend but shall
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1 not be limited to provisions for evacuation and reception of
2 injured and other persons and the exchange of medical, police,
3 public utility, reconnaissance, welfare, transportation and
4 communications personnel, equipment and supplies.
5 Article 7
6 Each party State shall provide for the payment of
7 compensation to injured members of fire departments and
8 emergency services squads of that State and for the payment of
9 benefits to representatives of deceased members of fire
10 departments and emergency services squads in case the members
11 are killed while rendering aid under this compact in the same
12 manner and on the same terms as if the injury or death were
13 sustained within the State.
14 Article 8
15 (a) Any party State rendering aid in another State under
16 this compact shall be reimbursed by the party State receiving
17 the aid for any loss or damage to, or expense incurred in, the
18 operation of any equipment answering a request for aid and for
19 the cost incurred in connection with a request for aid. Any
20 aiding party State may, however, assume in whole or in part any
21 loss, damage, expense or other cost incurred or may loan
22 equipment or donate services to the receiving party State
23 without charge or cost.
24 (b) Subsection (a) shall not preclude two or more party
25 States from entering into supplementary agreements establishing
26 a specific formula for allocation of costs as among those
27 States.
28 Article 9
29 This compact shall be available to any State, territory or
30 possession of the United States and the District of Columbia.
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1 Article 10
2 The term "emergency services" shall mean an ambulance
3 service, a rescue squad, a hazardous materials response team or
4 other entity formed for the purpose of providing assistance at
5 the scene of any accident, disaster, hazardous materials spill
6 or other threat to life or safety.
7 Article 11
8 This compact shall become operative immediately upon its
9 ratification by any State as between it and any other State or
10 States ratifying it. Duly authenticated copies of this compact
11 and any supplementary agreements shall, at the time of approval,
12 be deposited with each of the party States.
13 Article 12
14 This compact shall not be construed to affect the Middle
15 Atlantic Interstate Forest Fire Protection Compact or the
16 Interstate Civil Defense and Disaster Compact.
17 Article 13
18 This compact shall continue in force and remain binding on
19 each party State until the Legislature or the Governor of a
20 party State takes action to withdraw from it. An action to
21 withdraw shall not be effective until 30 days after notice of
22 intent to withdraw has been sent by the Governor of the party
23 State desiring to withdraw to the Governors of all other party
24 States.
25 Article 14
26 This compact shall be construed to effectuate the purposes
27 stated in Article 1. If any provision of this compact is
28 declared unconstitutional or if the applicability of the compact
29 to any person or circumstance is held invalid, the
30 constitutionality of the remainder of this compact and the
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1 applicability of this compact to other persons and circumstances
2 shall not be affected.
3 Section 2. This act shall take effect in 60 days.
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