35cc

TABLE OF CONTENTS

 

TITLE 35

HEALTH AND SAFETY

 

PART III.  PUBLIC SAFETY

 

Chapter 53.  911 Emergency Communication Services

 

§ 5301.  Scope of chapter.

§ 5302.  Definitions.

§ 5303.  Telecommunications management.

§ 5304.  Counties.

§ 5304.1. Pennsylvania State Police.

§ 5305.  911 system plan.

§ 5306.  Special public meeting (Deleted by amendment).

§ 5306.1. Fund.

§ 5306.2. Uniform 911 surcharge.

§ 5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

§ 5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

§ 5309.  Telephone records.

§ 5310.  Penalty.

§ 5311.  (Reserved).

§ 5311.1. Immunity.

§ 5311.2. Powers and duties of agency (Deleted by amendment).

§ 5311.3. Advisory committee (Deleted by amendment).

§ 5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).

§ 5311.5. Disbursement of fund amounts by agency (Deleted by amendment).

§ 5311.6. Reporting (Deleted by amendment).

§ 5311.7. Prohibition against release of information.

§ 5311.8. Wireless provider and VoIP provider records (Deleted by amendment).

§ 5311.9. Immunity (Deleted by amendment).

§ 5311.10. Agency funding for wireless E-911 support (Deleted by amendment).

§ 5311.11. Rate regulation.

§ 5311.12. Regulations (Deleted by amendment).

§ 5311.13. Enforcement (Deleted by amendment).

§ 5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).

§ 5311.15. Shared residential MLTS service.

§ 5311.16. Business MLTS.

§ 5311.17. Shared communications services.

§ 5311.18. Temporary residence.

§ 5311.19. Local notification.

§ 5311.20. ALI database maintenance.

§ 5311.21. Industry standards.

§ 5311.22. Dialing instructions.

§ 5311.23. MLTS signaling.

§ 5311.24. MLTS operator education.

§ 5311.25. Limitation of liability.

§ 5312.  (Reserved).

§ 5312.1. Legislative study (Repealed).

§ 5313.  Legislative report.

§ 5314.  Inventory.

§ 5398.  Termination.

 

PART V.  EMERGENCY MANAGEMENT SERVICES

 

Chapter 71.  General Provisions

 

Subchapter A.  Preliminary Provisions

 

§ 7101.  Short title of part.

§ 7102.  Definitions.

§ 7103.  Purposes of part.

§ 7104.  Limitations.

 

Subchapter B.  Interstate Civil Defense and Disaster Compact

 

§ 7111.  Interstate civil defense and disaster compact enacted.

 

Chapter 73.  Commonwealth Services

 

Subchapter A.  The Governor and Disaster Emergencies

 

§ 7301.  General authority of Governor.

§ 7302.  Temporary housing.

§ 7303.  Debris and wreckage removal.

§ 7304.  Community disaster loans.

§ 7305.  Individual and family assistance.

§ 7305.1. Grants for hazard mitigation.

§ 7306.  Appropriation of Federal funds.

§ 7307.  Use and appropriation of unused Commonwealth funds (Repealed).

§ 7308.  Laws suspended during emergency assignments.

 

Subchapter B.  Pennsylvania Emergency Management Agency

 

§ 7311.  Creation.

§ 7312.  Organization.

§ 7313.  Powers and duties.

§ 7314.  Utilization of existing services and facilities.

§ 7315.  Pennsylvania State Fire Commissioner (Repealed).

§ 7316.  Pennsylvania State Fire Academy (Repealed).

§ 7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

§ 7318.  Fire Safety Advisory Committee (Repealed).

§ 7319.  Appropriations (Repealed).

§ 7320.  Radiological emergency response preparedness, planning and recovery program.

§ 7321.  Unconventional well 911 emergency response information.

 

Subchapter C.  Intrastate Mutual Aid

 

§ 7331.  Purpose of subchapter.

§ 7332.  Definitions.

§ 7333.  Intrastate Mutual Aid Committee.

§ 7334.  System.

§ 7335.  Assistance.

§ 7336.  License, certificate and permit portability.

§ 7337.  Insurance.

§ 7338.  Workers' compensation.

§ 7339.  Immunity.

§ 7340.  Effect on other agreements.

 

Subchapter D.  State Firemen's Training School

 

§ 7351.  Establishment, purpose and name.

§ 7352.  Supervision and control.

§ 7353.  Powers and duties.

§ 7354.  Persons admitted.

§ 7355.  Application for admission.

§ 7356.  Acquisition of site.

§ 7357.  Conveyance of land and plans for buildings and structures.

§ 7358.  Leasing by Commonwealth.

 

Subchapter E.  Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance

 

§ 7361.  Scope of subchapter.

§ 7362.  Legislative findings and declaration of purpose.

§ 7363.  Definitions.

§ 7364.  Assistance to volunteer fire companies, ambulance service and rescue squads.

§ 7365.  Volunteer Companies Loan Fund.

§ 7366.  Powers and duties of office.

§ 7367.  Authority to borrow.

§ 7368.  Bonds, issue, maturity and interest.

§ 7369.  Sale of bonds.

§ 7370.  Refunding bonds.

§ 7371.  Disposition and use of proceeds.

§ 7372.  Registration of bonds.

§ 7373.  Information to General Assembly.

§ 7374.  Volunteer Company Loan Sinking Fund and investments.

§ 7375.  Expenses of preparation, issue and sale of bonds.

§ 7376.  Repayment obligations for principal and interest.

§ 7377.  Quorum.

§ 7378.  Temporary financing authorization.

§ 7378.1. Referendum for additional indebtedness.

§ 7378.2. Authorization of contracts, reimbursement procedure and amount.

§ 7378.3. Reimbursement procedure and amount.

 

Subchapter F.  State Fire Commissioner

 

§ 7381.  Scope of subchapter.

§ 7382.  Definitions.

§ 7383.  State Fire Commissioner.

§ 7384.  Pennsylvania State Fire Academy.

§ 7385.  Pennsylvania Volunteer Loan Assistance Program.

§ 7386.  Fire Safety Advisory Committee.

§ 7387.  Appropriations.

 

Chapter 74.  Volunteer Firefighters

 

Subchapter A.  Preliminary Provisions

 

§ 7401.  Scope of chapter.

§ 7402.  Definitions (Reserved).

§ 7403.  Insurance and compensation.

 

Subchapter B.  Relief Association

 

§ 7411.  Scope of subchapter.

§ 7412.  Definitions.

§ 7413.  Statement of purpose.

§ 7414.  Construction.

§ 7415.  Structure.

§ 7416.  Funds.

§ 7417.  Cooperation agreements.

§ 7418.  Audits.

§ 7419.  Dissolution.

 

Subchapter C.  Employment Sanctions

 

§ 7421.  Scope of subchapter.

§ 7422.  Definitions.

§ 7423.  Prohibition on termination and discipline.

§ 7424.  Prohibition on discrimination.

§ 7425.  Lost time.

§ 7426.  Statements.

§ 7427.  Violations.

 

Subchapter D.  Special Fire Police

 

§ 7431.  Scope of subchapter.

§ 7432.  Definitions (Reserved).

§ 7433.  Nomination.

§ 7434.  Confirmation.

§ 7435.  Powers.

§ 7436.  Power and authority in places other than where appointed.

§ 7437.  Badge of authority and subordination.

 

Chapter 75.  Local Organizations and Services

 

Subchapter A.  General Provisions

 

§ 7501.  General authority of political subdivisions.

§ 7502.  Local coordinator of emergency management.

§ 7503.  Powers and duties of political subdivisions.

§ 7504.  Coordination, assistance and mutual aid.

 

Subchapter B.  Payment of Expenses

 

§ 7511.  Appropriations by political subdivisions.

§ 7512.  Law applicable to local organizations.

§ 7513.  Agreements among political subdivisions.

§ 7514.  Payments involving one political subdivision.

§ 7515.  Payments involving two or more political subdivisions.

 

Chapter 76.  Emergency Management Assistance Compact

 

§ 7601.  Compact enacted.

§ 7602.  Exercise of powers and duties.

§ 7603.  Mutual agreements.

§ 7604.  Budgetary considerations.

 

Chapter 77.  Miscellaneous Provisions

 

§ 7701.  Duties concerning disaster prevention.

§ 7702.  Acceptance of services, gifts, grants and loans.

§ 7703.  Interstate arrangements.

§ 7704.  Immunity from civil liability.

§ 7705.  Special powers of local agencies.

§ 7706.  Compensation for accidental injury.

§ 7707.  Penalties.

§ 7708.  Fire force disbanded in favor of volunteers.

§ 7709.  Fires on State premises.

§ 7710.  Firefighters and Auxiliaries Day.

§ 7711.  Firefighters' Memorial Flag.

§ 7712.  Firefighters' Memorial Sunday.

§ 7713.  Prohibition on certain service.

 

Chapter 78.  Grants to Fire Companies and Volunteer Services

 

Subchapter A.  Preliminary Provisions

 

§ 7801.  Scope of chapter.

§ 7802.  Definitions.

 

Subchapter B.  Fire Company Grant Program

 

§ 7811.  Establishment.

§ 7812.  Publication and notice.

§ 7813.  Award of grants.

§ 7814.  Consolidation incentive.

 

Subchapter C.  Volunteer Ambulance Service Grant Program

 

§ 7821.  Establishment.

§ 7822.  Publication and notice.

§ 7823.  Award of grants.

 

Subchapter D.  Grant Funding Provisions

 

§ 7831.  Volunteer Fire Company Grant Program.

§ 7832.  Volunteer Ambulance Service Grant Program.

§ 7832.1. Additional funding.

§ 7833.  Allocation of appropriated funds.

 

Subchapter E.  Miscellaneous Provisions

 

§ 7841.  Expiration of authority.

§ 7842.  Special provisions.

 

Chapter 79.  Disaster Emergency Assistance

 

Subchapter A.  Preliminary Provisions

 

§ 7901.  Short title of chapter.

§ 7902.  Legislative purpose.

§ 7903.  Definitions.

§ 7904.  Construction.

 

Subchapter B.  Public Disaster Assistance Grant Program

 

§ 7921.  Establishment.

§ 7922.  Eligibility.

§ 7923.  Application for and issuance of grant.

§ 7924.  Grant funds.

§ 7925.  Use of grant funds.

§ 7926.  Limitations.

 

Subchapter C.  Miscellaneous Provisions

 

§ 7931.  Powers and duties of agency.

 

PART VI.  EMERGENCY MEDICAL SERVICES

 

Chapter 81.  Emergency Medical Services System

 

Subchapter A.  Preliminary Provisions

 

§ 8101.  Short title of chapter.

§ 8102.  Declaration of policy.

§ 8103.  Definitions.

§ 8104.  Emergency medical services system programs.

§ 8105.  Duties of department.

§ 8106.  Emergency medical services patient care reports.

§ 8107.  Pennsylvania Trauma Systems Foundation.

§ 8108.  State Advisory Board.

§ 8109.  Regional emergency medical services councils.

 

Subchapter B.  Program

 

§ 8111.  Comprehensive plan.

§ 8112.  Contracts and grants.

§ 8113.  Emergency medical services providers.

§ 8114.  Emergency medical responders.

§ 8115.  Emergency medical technicians.

§ 8116.  Advanced emergency medical technicians.

§ 8117.  Paramedics.

§ 8118.  Prehospital registered nurses.

§ 8119.  Prehospital physician extenders.

§ 8120.  Prehospital emergency medical services physicians.

§ 8121.  Certification sanctions.

§ 8122.  Emergency medical services vehicle operators.

§ 8123.  Suspension of certification.

§ 8124.  Emergency medical services instructors.

§ 8125.  Medical director of emergency medical services agency.

§ 8126.  Medical command physicians and facility medical directors.

§ 8127.  Medical command facilities.

§ 8128.  Receiving facilities.

§ 8129.  Emergency medical services agencies.

§ 8130.  Advanced life support ambulances.

§ 8131.  Air ambulances.

§ 8132.  Advanced life support squad vehicles.

§ 8133.  Basic life support ambulances.

§ 8134.  Basic life support squad vehicles.

§ 8135.  Quick response services.

§ 8136.  Special operations emergency medical services.

§ 8137.  First aid and other safety services.

§ 8138.  Other vehicles and services.

§ 8139.  Stretcher and wheelchair vehicles.

§ 8140.  Conditional temporary licenses.

§ 8141.  Plans of correction.

§ 8142.  Emergency medical services agency license sanctions.

 

Subchapter C.  Miscellaneous Provisions

 

§ 8151.  Limitations on liability.

§ 8152.  Peer review.

§ 8153.  Support of emergency medical services.

§ 8154.  Prohibited acts.

§ 8155.  Surrender of license, accreditation or certification.

§ 8156.  Penalties.

§ 8157.  Adjudications and judicial review.

35c5301h

TITLE 35

HEALTH AND SAFETY

 

Part

III.  Public Safety

V.  Emergency Management Services

VI.  Emergency Medical Services

 

Enactment.  Unless otherwise noted, the provisions of Title 35 were added November 26, 1978, P.L.1332, No.323, effective immediately.

 

PART III

PUBLIC SAFETY

 

Chapter

53.  911 Emergency Communication Services

 

Enactment.  Part III was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011, unless otherwise noted.

 

 

CHAPTER 53

911 EMERGENCY COMMUNICATION SERVICES

 

Sec.

5301.  Scope of chapter.

5302.  Definitions.

5303.  Telecommunications management.

5304.  Counties.

5304.1. Pennsylvania State Police.

5305.  911 system plan.

5306.  Special public meeting (Deleted by amendment).

5306.1. Fund.

5306.2. Uniform 911 surcharge.

5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

5309.  Telephone records.

5310.  Penalty.

5311.  (Reserved).

5311.1. Immunity.

5311.2. Powers and duties of agency (Deleted by amendment).

5311.3. Advisory committee (Deleted by amendment).

5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).

5311.5. Disbursement of fund amounts by agency (Deleted by amendment).

5311.6. Reporting (Deleted by amendment).

5311.7. Prohibition against release of information.

5311.8. Wireless provider and VoIP provider records (Deleted by amendment).

5311.9. Immunity (Deleted by amendment).

5311.10. Agency funding for wireless E-911 support (Deleted by amendment).

5311.11. Rate regulation.

5311.12. Regulations (Deleted by amendment).

5311.13. Enforcement (Deleted by amendment).

5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).

5311.15. Shared residential MLTS service.

5311.16. Business MLTS.

5311.17. Shared communications services.

5311.18. Temporary residence.

5311.19. Local notification.

5311.20. ALI database maintenance.

5311.21. Industry standards.

5311.22. Dialing instructions.

5311.23. MLTS signaling.

5311.24. MLTS operator education.

5311.25. Limitation of liability.

5312.  (Reserved).

5312.1. Legislative study (Deleted by amendment).

5313.  Legislative report.

5314.  Inventory.

5398.  Termination.

 

Enactment.  Chapter 53 was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011, unless otherwise noted.

Chapter Heading.  The heading of Chapter 53 was amended June 29, 2015, P.L.36, No.12, effective August 1, 2015.

Special Provisions in Appendix.  See section 7(b)(1) and (2) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c5301s

§ 5301.  Scope of chapter.

This chapter relates to emergency telephone service.

35c5302s

§ 5302.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"911 communication."  Transmission of information to a PSAP  for the initial reporting of police, fire, medical or other emergency situation.

"911 communications service."  As follows:

(1)  A service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable Federal or State requirements to provide the 911 dialing capability.

(2)  The term does not include wireless and Internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service.

"911 service provider."  An entity that provides all or parts of the network, software applications, databases, CPE  components and operations and management procedures required to support a 911 system.

"911 system."  A system capable of receiving and processing a 911 communication throughout a defined geographic area. The term shall include a city, county, regional 911 system or a PSAP.

"Advisory committee."  (Deleted by amendment).

"Agency."  The Pennsylvania Emergency Management Agency.

"ALI."  Automatic location information.

"ANI."  Automatic number identification.

"Associated with Pennsylvania."  (Deleted by amendment).

"Automatic location information."  The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system.

"Automatic number identification."  The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.

"Board."  The 911 board established under section 5303(b) (relating to telecommunications management).

"Call."  A two-way communication established using a 911 communications service.

"Call-back number."  A number used by a public safety answering point to recontact the location from which a 911 call was placed. This number may or may not be the number of the telephone station used to originate the 911 call.

"Commission."  (Deleted by amendment).

"Communication service."  Any service that provides to a subscriber or consumer the capability to initiate, route, transmit or complete a 911 communication from or through any telecommunication device that utilizes telephone numbers, Internet protocol addresses or functional equivalents or technological successors.

"Competitive local exchange carrier."  (Deleted by amendment).

"Consumer."  A person who purchases prepaid wireless telecommunications service or a prepaid wireless device in a retail transaction.

"Contribution rate."  (Deleted by amendment).

"Council."  (Deleted by amendment).

"County."  (Deleted by amendment).

"County plan."  (Deleted by amendment).

"Department."  The Department of Revenue of the Commonwealth.

"Emergency location identification number" or "ELIN."  A valid North American Numbering Plan format telephone number assigned to a multiline telephone system operator by the appropriate authority which is used to route the call to a public safety answering point and is used to retrieve the automatic location information for the public safety answering point. The ELIN may be the same number as the automatic number identification. The North American Numbering Plan number may in some cases not be a dialable number.

"Emergency notification services."  Services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that notify the public and may use ANI/ALI database information, of emergencies declared by these governments.

"Emergency support services."  Information or database management services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that are used in support of PSAPs or emergency notification services.

"Enhanced 911 service" or "911."  Emergency communication service providing for automatic identification of caller location and calling number, which includes network switching, database and PSAP premise elements capable of providing automatic location identification data and a call-back number.

"FCC 911 Order."  All of the following:

(1)  All orders or final rules issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) codified at 47 CFR § 20.18 (relating to 911 service), "Wireless E-911 Location Accuracy Requirements" codified at 47 CFR Pt. 20 (relating to commercial mobile services) and any successor proceeding.

(2)  Any Federal Communications Commission order that affects the provision of wireless 911 service to wireless service customers.

"Fund."  The 911 Fund established under section 5306.1 (relating to fund).

"Hybrid system."  A system providing both manual and pooled access for outgoing calls. During installation, either pooled or manual access is selected.

"Industry standards."  Publicly available technical requirements or standards adopted by an emergency communications industry association or standard-setting organization, including, but not limited to, the National Emergency Number Association and the Association of Public Safety Communications Officials International.

"Interconnected Voice over Internet Protocol provider."  A person engaged in the business of providing interconnected VoIP service to end-use subscribers in this Commonwealth, including resellers.

"Interconnected Voice over Internet Protocol service."  Service as defined by any of the following:

(1)  All orders issued by the Federal Communications Commission pursuant to the proceeding entitled "IP-Enabled Services" (WC Docket No. 04-36; FCC 05-116), codified at 47 CFR Part 9 (relating to interconnected Voice over Internet Protocol services), and any successor proceeding.

(2)  Any Federal Communications Commission order that affects the provision of 911 service to VoIP service subscribers or further defines interconnected Voice over Internet Protocol service.

"Interconnected Voice over Internet Protocol service subscriber."  A person who is billed by an interconnected Voice over Internet Protocol provider, who is the end user of VoIP service and has designated a place of primary use within this Commonwealth.

"Interexchange carrier."  (Deleted by amendment).

"Key telephone system."  A type of multiline telephone system which provides shared access to several outside lines through buttons or keys, and which has identified access lines with direct line appearances or terminations on each telephone station.

"Local exchange carrier."  A person that provides local exchange telecommunications service within this Commonwealth.

"Local exchange telecommunications service."  The transmission of voice messages that originate and terminate within a prescribed local calling area, including services subject to regulation by the Pennsylvania Public Utility Commission.

"Local exchange telephone service."  (Deleted by amendment).

"Local notification."  A system capability that directs a call to 911 from a multiline telephone system extension through the 911 network to a public safety answering point and simultaneously notifies a designated individual to identify the location of the telephone that has dialed 911.

"Master street address guide."  A database of street names and house number ranges within the associated communities defining emergency services zones and their associated emergency services numbers to enable proper routing of 911 calls.

"Mobile telephone number" or "MTN."  (Deleted by amendment).

"Multiline telephone system" or "MLTS."  A system comprised of common control units, telephone sets, control hardware and software and adjunct systems used to support capabilities, including, but not limited to, network and premises-based systems such as Centrex, VoIP, Hybrid and Key Telephone Systems and PBX as classified under 47 CFR § 68.162 (relating to requirements for telecommunication certification bodies), whether owned or leased by private individuals and businesses or by government agencies and nonprofit entities.

"Multiline telephone system (MLTS) manager."  The person authorized to implement a multiline telephone system, either through purchase or lease of an MLTS or the purchasing of MLTS services, as the means by which to make 911 calls.

"Multiline telephone system (MLTS) operator."  The person responsible for ensuring that a 911 call placed from a multiline telephone system is transmitted and received in accordance with this chapter regardless of the MLTS technology used to generate the call. The MLTS operator may be the MLTS manager or a third party acting on behalf of the MLTS manager.

"Next generation 911 service."  911 service using, in whole or in part, next generation 911 technology.

"Next generation 911 technology."  Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.

"NPA-NXX."  (Deleted by amendment).

"Other emergency communications service."  Services covered by the term as defined in 47 U.S.C. § 615b(8) (relating to definitions).

"Other emergency communications service provider."  Entities covered by that term as defined in 47 U.S.C. § 615b(9).

"Person."  The term includes a corporation, an LLC, a partnership, an association, the Federal Government, the State government, a political subdivision, a municipal or other local authority and a natural person.

"Place of primary use."  The street address where the subscriber's use of the wireless or VoIP service primarily occurs. For the purpose of the surcharge assessed on a VoIP service subscriber, place of primary use is the VoIP service subscriber's registered location on the date the VoIP service subscriber is billed.

"Prepaid wireless device."  A device that is purchased with a prepaid wireless telecommunications service and is strictly used for that purpose.

"Prepaid wireless E-911 surcharge."  (Deleted by amendment).

"Prepaid wireless provider."  A person that provides prepaid wireless telecommunications service.

"Prepaid wireless telecommunications service."  A wireless telecommunications service that meets all of the following:

(1)  Allows a caller to transmit the digits 911 to access a 911 system.

(2)  Must be paid for in advance and sold in predetermined units or dollars of which the number may or may not decline with use in a known amount.

"Primary place of use."  (Deleted by amendment).

"Private 911 emergency answering point."  An answering point operated by a nonpublic safety entity which:

(1)  Provides functional alternative and adequate means of signaling and directing responses to emergencies as an adjunct to public safety responses.

(2)  Trains individuals intercepting calls for assistance in accordance with applicable local emergency telecommunications requirements.

(3)  Provides incident reporting to the public safety emergency response centers in accordance with State and local requirements.

"Private branch exchange" or "PBX."  A private telephone network switch that is connected to a publicly switched telephone network.

"Provider."  A person that provides service to the public for a fee that includes 911 communications service, including, but not limited to, a local exchange carrier, a wireless provider, a prepaid wireless provider, a VoIP provider or a provider of next generation 911 or successor services.

"PSAP."  (Deleted by amendment).

"Public agency."  Any of the following:

(1)  The Commonwealth.

(2)  A political subdivision, public authority or municipal authority.

(3)  An organization located in whole or in part within this Commonwealth which provides or has the authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services.

"Public safety answering point" or "PSAP."  The agency-approved entity that receives 911 communications from a defined geographic area and processes those calls according to a specific operational policy.

"Public switched telephone network."  The network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America.

"Regional."  A geographic area that includes more than one county.

"Regional ESiNET."  An Internet Protocol-based system which consists of managed networks, shared applications and the ability to replicate emergency 911 features and functions.

"Regionalization of technology."  The adoption of technology that increases the efficiency of a 911 system by allowing multiple PSAPs to use the same equipment or service.

"Retail transaction."  The purchase of prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service from a seller for any purpose other than resale.

"Seller."  A person who sells prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service to another person.

"Shared residential MLTS service."  The use of a multiline telephone system to provide service to residential facilities even if the service is not delineated for purposes of billing. For purposes of this definition, residential facilities shall be liberally construed to mean single family and multifamily facilities.

"Shared telecommunications services."  The provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses or high-rise buildings by a commercial shared services provider or by a user association through privately owned subscriber premises equipment and associated data processing and information management services, including the provision of connections to the facilities of a local exchange carrier and to interexchange carriers.

"Subscriber."  A person who contracts with and is billed by a provider within this Commonwealth for a 911 communications service. In the case of wireless service, the term shall mean a person who contracts with a provider if the person's place of primary use is within this Commonwealth.

"Telecommunications."  The term shall have the meaning given to it in 47 U.S.C. § 153(50) (relating to definitions).

"Telecommunications carrier."  Any provider of telecommunications services as defined by the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).

"Telecommunication device" or "device."  Any equipment or item made or adapted for use by a subscriber or consumer to initiate, route or transmit 911 communications using a 911 communications service.

"Telephone subscriber."  (Deleted by amendment).

"Temporary facility."  A dormitory, hotel, motel, health care facility, long-term care facility, nursing home or other facility as determined by the agency that provides temporary occupancy to temporary residents and that is served by a multiline telephone system.

"Uniform 911 surcharge" or "surcharge."  The fee assessed to a subscriber or consumer as provided for under this chapter.

"Vendor."  A person who supplies 911 system services or equipment to enable the transmission of a 911 communication to a PSAP or to support a 911 system or a consultant representing the person, county or PSAP.

"VoIP provider."  Interconnected Voice over Internet Protocol provider.

"VoIP service."  Interconnected Voice over Internet Protocol service.

"VoIP service subscriber."  An Interconnected Voice over Internet Protocol service subscriber.

"Wireless 911 service."  911 communications service provided by a wireless provider, pursuant to the FCC 911 Order, including text-to-911 or any successor requirements.

"Wireless E-911 State plan."  (Deleted by amendment).

"Wireless E-911 surcharge."  (Deleted by amendment).

"Wireless E-911 system."  (Deleted by amendment).

"Wireless provider."  A person engaged in the business of providing wireless service to end-use subscribers in this Commonwealth, including resellers.

"Wireless service."  Commercial mobile radio service as defined under section 332(d) of the Communications Act of 1934 (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time, two-way voice service that is interconnected with the public switched telephone network. The term does not include prepaid wireless telecommunications service.

"Wireless service customer."  A person who is billed for wireless service by a wireless provider or who purchases prepaid wireless telecommunications service within this Commonwealth.

35c5302v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Special Provisions in Appendix.  See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c5303s

§ 5303.  Telecommunications management.

(a)  Powers and duties of agency.--The agency shall have the following powers and duties:

(1)  To adopt rules and regulations as necessary to enforce this chapter. Rules and regulations proposed under the authority of this section shall be subject to review by the General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2)  To publish guidelines and application procedures for the collection and distribution of fees collected under this chapter.

(3)  To receive, review and approve or disapprove all 911 system plans in accordance with standards developed in consultation with the board.

(4)  To establish, in consultation with the board, a Statewide 911 plan that sets forth priorities for 911 systems in this Commonwealth and plans for next generation 911 technology.

(5)  To designate a State 911 coordinator who shall be an employee of the agency.

(6)  To provide administrative and support staff to the board as necessary.

(7)  To establish formulas and methods to distribute money in accordance with section 5306.1 (relating to fund) in consultation with the board.

(8)  To establish and publish annually uniform standards relating to technology, next generation 911 technology, administration and operation of 911 systems in consultation with the board.

(9)  To cooperate with county and regional 911 systems to develop interconnectivity of 911 systems through the establishment, enhancement, operation and maintenance of an Internet protocol network.

(10)  To establish and publish annually, in consultation with the board, eligible uses for money received under this chapter, including next generation 911 technology.

(11)  To request information and require audits or reports relating to program compliance from any entity remitting the surcharge to or receiving disbursements from the fund.

(11.1)  To subpoena witnesses, administer oaths, examine witnesses, take such testimony and compel the production of such books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing.

(12)  To require a biennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.

(13)  To prescribe the applications and forms necessary to enforce this chapter.

(14)  To report to the General Assembly annually on the revenue and distributions from the fund for the previous fiscal year and the compliance with the Commonwealth's 911 priorities.

(15)  To adopt, in consultation with the board, minimum training and certification standards for emergency dispatchers, call takers and supervisors.

(16)  To develop, in consultation with the board, a comprehensive plan for the implementation of a Statewide interoperable Internet protocol network using next generation 911 technology that coordinates the delivery of Federal, State, regional and local emergency services.

(17)  To enforce this chapter through injunction, mandamus or other appropriate proceeding.

(18)  To take other actions necessary to implement and enforce this chapter.

(b)  Establishment of 911 board.--There is established a board within the agency to be known as the 911 board.

The board shall be comprised of the following:

(1)  The following State officials, who shall serve as voting members:

(i)  The director of the agency, who shall act as chairperson.

(ii)  The State 911 coordinator.

(iii)  The Commissioner of the Pennsylvania State Police.

(iv)  The chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(v)  The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(vi)  The chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(vii)  The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(2)  The following local officials, who shall serve as voting members:

(i)  The mayor of a city of the first class.

(ii)  A county executive of a county of the second class.

(iii)  A county commissioner of a county of the second class A, or a home rule equivalent.

(iv)  A county commissioner of a county of the third or fourth class, or its home rule equivalent.

(v)  Two county commissioners of a county of the fifth, sixth, seventh or eighth class, or a home rule equivalent.

(vi)  The 911 coordinator of a city of the first class.

(vii)  The 911 coordinator of a county of the second class.

(viii)  The 911 coordinator of a county of the second class A.

(ix)  The 911 coordinator of a county of the third or fourth class.

(x)  Two 911 coordinators of a county of the fifth, sixth, seventh or eighth class.

(3)  A representative from the following State agencies, who shall serve as nonvoting members, to be appointed by the chief executive or administrative officer of each agency:

(i)  The Pennsylvania Public Utility Commission.

(ii)  The Office of the State Fire Commissioner.

(iii)  The Governor's Office of Administration.

(4)  A representative from the following Statewide associations, who shall serve as nonvoting members:

(i)  The Pennsylvania Chiefs of Police Association.

(ii)  The Fraternal Order of Police.

(iii)  The Pennsylvania Emergency Health Services Council.

(iv)  The Pennsylvania Fire and Emergency Services Institute.

(v)  The Association of Public-Safety Communications Officials.

(vi)  The Pennsylvania Chapter of the National Emergency Number Association.

(vii)  The Keystone Emergency Management Association.

(viii)  The Pennsylvania Professional Fire Fighters Association.

(ix)  The Firemen's Association of the State of Pennsylvania.

(x)  The Pennsylvania Wireless Association.

(xi)  The Pennsylvania Telephone Association.

(xii)  The Broadband Cable Association of Pennsylvania.

(xiii)  The Pennsylvania Municipal League.

(xiv)  The Pennsylvania State Association of Boroughs.

(xv)  The Pennsylvania State Association of Township Supervisors.

(xvi)  The Pennsylvania State Association of Township Commissioners.

(5)  A member of the general public, who shall serve as a nonvoting member.

(b.1)  Designee.--A voting member of the board may appoint a designee who must be an employee of the same agency or organization as the voting member to attend meetings.

(b.2)  Gubernatorial appointees.--The Governor shall appoint the board members under subsection (b)(2)(iii), (iv), (v), (viii), (ix) and (x), (4) and (5) upon the recommendation of Statewide organizations and industry segments. Recommendations for appointments of county officials under subsection (b)(2) shall be requested by the Governor from the County Commissioners Association of Pennsylvania and recommendations for appointments of 911 coordinators under subsection (b)(2) shall be requested by the Governor from the State chapters of the National Emergency Number Association and the Association of Public Communications Officials. The following shall apply:

(1)  Members appointed by the Governor are appointed to terms of two years and may serve no more than three consecutive terms.

(2)  The Statewide organizations shall ensure that nominees are sufficiently proficient in 911 policies, operations and technologies and that the nominees provide a diverse representation from the western, central and eastern regions of this Commonwealth.

(3)  The Governor shall make the initial appointments of members under subsection (b)(2), (4) and (5) within 90 days of the effective date of this paragraph. Initial terms for members appointed by the Governor shall be divided between one-year and two-year terms.

(4)  Except a member appointed under subsection (b)(2)(i), (ii), (vi) or (vii), the Governor may remove an appointed member of the board for cause upon written notice to the board.

(5)  A member's nonparticipation in three consecutive board meetings may be considered cause for removal.

(b.3)  Quorum.--Thirteen members of the board shall constitute a quorum. When a quorum is present, three-fourths consent of members present and voting is required for any action of the board.

(b.4)  Meetings.--The board shall meet at least once quarterly and at any special session called by the chairperson. All meetings of the board shall be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(b.5)  Compensation.--The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and other expenses in connection with attendance at meetings called by the chairperson.

(c)  Powers and duties of board.--The board shall have the following powers and duties:

(1)  To advise the agency on regulations and guidelines relating to the administration and operation of 911 systems in this Commonwealth relating to the following:

(i)  Standards for performance reviews and quality assurance programs to ensure public safety and maintain and improve the performance of 911 systems.

(ii)  Measures to ensure the compliance of 911 systems with current industry standards and applicable Federal regulations.

(iii)  Cost-saving measures to include joint purchasing opportunities.

(iv)  Measures to promote regionalization of PSAPs.

(v)  Measures to promote next generation 911 technology.

(vi)  911 planning guidelines.

(vii)  Training standards for emergency dispatchers, call takers and supervisors.

(2)  To provide advice and recommendations to the agency to develop and adopt formulas and methods to distribute money from the fund under section 5306.1.

(3)  To promote effective communication and information sharing between the agency and county 911 coordinators and develop recommendations to improve 911 systems in this Commonwealth.

(4)  To advise the agency on plans to deploy next generation 911 technology in 911 systems in this Commonwealth.

(5)  To promote the regional use of technology.

(6)  To promote sharing of information among the agency, 911 systems and other State and local agencies relating to the operation and improvement of 911 systems.

(d)  Exemption.--The Pennsylvania State Police telecommunications facilities are exempt from the telecommunications management of the agency and the board.

35c5303v

(June 29, 2015, P.L.36, No.12, eff. imd.)

 

Cross References.  Section 5303 is referred to in section 5302 of this title.

35c5304s

§ 5304.  Counties.

(a)  Powers and duties.--Each county shall have the following powers and duties in relation to a 911 system:

(1)  To ensure the provision of a 911 system in the county's respective jurisdiction. A county may provide a 911 system to the county's jurisdiction through participation in a regional 911 system.

(2)  To develop, maintain or adopt a 911 plan for the county and submit the plan to the agency for review.

(i)  The plan shall be reviewed and updated at a frequency prescribed by the board.

(ii)  A county may adopt the 911 plan of a regional 911 system if the county is a participating member of that regional 911 system.

(3)  To cooperate with the agency, the board and the Pennsylvania State Police.

(4)  To comply with the guidelines, standards and reporting requirements established by the agency.

(5)  To execute all contracts, agreements, mutual aid agreements, cross-service agreements and all other documents necessary to implement its 911 plan.

(6)  To designate a 911 coordinator for the county who shall develop and submit a plan for the implementation, operation and maintenance of a 911 system.

(7)  To cooperate with the board in the preparation and submission of the 911 system plan.

(8)  To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for emergency services, whether the database is held by the county or by a commercial entity, following the established procedures of the database owner. The following shall apply:

(i)  In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:

(A)  the Pennsylvania State Police shall provide, at its cost, any equipment, computer software or telecommunications equipment or services, exclusive of recurring personnel costs for county personnel, that are necessary to enable its access to any ANI/ALI database information; and

(B)  all means of access must be approved by the county, PSAP and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.

(ii)  The ANI/ALI database information to which access is authorized or enabled under this paragraph or section 5304.1(a)(3) (relating to Pennsylvania State Police) shall be used only in providing emergency response services to a 911 call. A person who uses or discloses the ANI/ALI database information under this subparagraph for any other purpose commits a misdemeanor of the third degree.

(iii)  Nothing contained in this paragraph shall be construed to impose on providers any obligations beyond those created by applicable Federal Communications Commission orders and regulations. Public agencies, counties, PSAPs and wireless providers shall not be liable to any person for errors in any of the ANI/ALI database information which may be accessed by or provided to the Pennsylvania State Police under this paragraph.

(9)  To comply with reporting requirements established by the agency.

(b)  Persons outside county.--(Deleted by amendment).

(c)  Cities of second class, second class A and third class.--A city of the second class, second class A or third class that has established a 911 system prior to September 4, 1990, may exercise the powers and duties of counties under this chapter or may join a county or regional PSAP.

35c5304v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5304 is referred to in section 5304.1 of this title.

35c5304.1s

§ 5304.1.  Pennsylvania State Police.

(a)  Powers and duties.--The Commissioner of the Pennsylvania State Police, or the designee of the commissioner, shall have the following powers and duties in relation to a Pennsylvania State Police telecommunications facility:

(1)  To designate, with specificity, which Pennsylvania State Police facilities shall be considered Pennsylvania State Police telecommunications facilities under this chapter.

(2)  To designate a commander of a Pennsylvania State Police telecommunications facility, who shall serve as the point of contact with the agency and the counties and shall oversee the implementation, operation and maintenance of a Pennsylvania State Police telecommunications facility. A Pennsylvania State Police facility shall, where technologically feasible, be adequate to provide service to the designated area of coverage.

(3)  To request authority to access ANI/ALI database information relating to 911 calls for emergency services from the counties and PSAPs within the designated area of coverage of a Pennsylvania State Police telecommunications facility. No county or PSAP shall be required to comply with such a request unless it is made by the Commissioner of the Pennsylvania State Police or the designee of the commissioner under section 5304(a)(8) (relating to counties).

(4)  To provide training and certification for all call takers/dispatchers and call taker/dispatcher supervisors that meet or exceed the training and certification standards that are provided for in 4 Pa. Code Ch. 120c (relating to training and certification standards for 911 emergency communications personnel) or any successor standard.

(b)  Ineligible reimbursement.--The Pennsylvania State Police is not eligible to receive reimbursement from the fund, nor may the Pennsylvania State Police impose a tax, fee or surcharge upon subscribers or customers of any provider.

35c5304.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5304.1 is referred to in section 5304.

35c5305s

§ 5305.  911 system plan.

(a)  Minimum standards.--Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and may include consideration of next generation 911 technology.

(b)  Board review.--

(1)  The board shall review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.

(2)  If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.

(c)  Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.

(d)  Council review.--(Deleted by amendment).

(e)  Commission review.--(Deleted by amendment).

(f)  Present systems.--(Deleted by amendment).

(g)  Regional systems.--(Deleted by amendment).

(g.1)  Contribution rate.--(Deleted by amendment).

(h)  Contribution rate changes.--(Deleted by amendment).

(i)  Assessment.--(Deleted by amendment).

35c5305v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5305 is referred to in section 5306.1 of this title.

35c5306s

§ 5306.  Special public meeting (Deleted by amendment).

35c5306v

 

2015 Amendment.  Section 5306 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5306.1s

§ 5306.1.  Fund.

(a)  Establishment.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the 911 Fund. Money in the fund and the interest the money accrues is appropriated to the agency to be disbursed by the agency.

(b)  Composition of fund.--The following money shall be deposited in the fund:

(1)  The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).

(2)  Any money appropriated by the General Assembly.

(3)  Money from any other public or private source.

(4)  Interest accrued by the fund.

(c)  Use.--

(1)  The money in the fund shall be used only for  reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:

(i)  The agency shall establish factors for reasonably necessary costs.

(ii)  The agency shall provide the factors annually through agency guidelines.

(iii)  Notwithstanding any guidelines provided by the agency, use of the fund by a 911 system or the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems or to establish a capital or operating reserve consistent with a 911 system plan shall be deemed reasonably necessary.

(2)  Money from the fund shall not be expended on a 911 system that does not conform to the standards and guidance published by the agency.

(3)  Money from the fund shall not be transferred for General Fund use by the Commonwealth or counties.

(d)  Distribution.--Within 30 days after the end of each quarter, the agency shall determine the amount available from the fund for distribution and make disbursements in accordance with the Statewide 911 plan and this chapter and in accordance with the following:

(1)  Not less than 80% of the amount in the fund shall be disbursed to a 911 system through a mathematical formula established by the agency in consultation with the board, of which at least 30% shall solely be based on population.

(2)  Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity.

(3)  Three percent of the amount available shall be disbursed equally to the PSAPs of this Commonwealth. Consolidation of PSAPs after the effective date of this paragraph shall not reduce an allocation to a county under this paragraph.

(4)  Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.

(e)  Distribution formula considerations.--

(1)  The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.

(2)  The initial distribution formula shall be established and implemented by the agency, in consultation with the board, no later than 18 months following the effective date of this section.

(3)  The distribution formula shall be reviewed every two years and may be adjusted annually.

(4)  In developing and evaluating the distribution formula, the agency, in consultation with the board, shall consider and may include the following factors that permit the formula to reflect 911 system needs:

(i)  Base level costs common to all 911 systems.

(ii)  Population and population density.

(iii)  Call volume, including definition of what constitutes a call as published by the agency.

(iv)  Extenuating factors such as topography, concentrated exposure such as transit or industrial facilities, or cyclical exposures such as high-attendance public events.

(5)  In development of the distribution formula, the agency, in consultation with the board, shall consider the 911 system's average reported allowable 911 system costs for the five years immediately preceding the effective date of this section.

(6)  Notwithstanding the provisions of paragraph (5), the total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.

(f)  Interim distribution formula.--Commencing on the effective date of this subsection, until the board develops and the agency implements a distribution formula under subsection (e), the money available under subsection (d)(1) and (3) shall be distributed to each 911 system as follows:

(1)  A share equivalent to 106% times the respective 911 system's average of local exchange telephone carriers surcharge collections under section 5305 (relating to 911 system plan) for the five years immediately preceding the effective date of this section.

(2)  A share equivalent to 106% times the respective 911 system's average of VoIP provider's surcharge collections under section 5307 for the five years immediately preceding the effective date of this section.

(3)  The remaining amount distributed to each 911 system shall be based on the ratio that its average reported allowable 911 system costs for the five years immediately preceding the effective date of this paragraph bear to the average reported allowable 911 system costs for all 911 systems for the five years immediately preceding the effective date of this paragraph.

(g)  Surplus.--

(1)  If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.

(2)  If the fund experiences a surplus as described in this section for eight consecutive quarters, the agency shall provide written notice of the surplus to the General Assembly and the written notice shall include a recommended reduced surcharge for consideration by the General Assembly.

(3)  The written notice required under paragraph (2) shall be submitted to the General Assembly within 60 days after the end of the eighth consecutive quarter experiencing the surplus.

(h)  County or city action required.--A county or city of the third class shall not be eligible to receive funds under this section unless the governing body of the county or city adopts a resolution or ordinance authorizing acceptance of the funds. The county or city shall provide public notice of the intent to adopt the resolution or ordinance. A copy of the resolution or ordinance shall be provided to the agency.

(i)  Audits.--

(1)  The fund shall be audited in a manner and on a frequency consistent with other restricted receipts accounts administered by the Commonwealth.

(2)  The agency shall require a biennial performance audit of each PSAP's use of the disbursements it has received from the fund, including amounts placed in capital or operating reserve consistent with published guidelines established by the agency.

35c5306.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5306.1.

Cross References.  Section 5306.1 is referred to in sections 5302, 5303 of this title.

35c5306.2s

§ 5306.2.  Uniform 911 surcharge.

(a)  Surcharge imposed.--Each subscriber or consumer shall pay a surcharge of $1.65 for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller as provided for under this chapter. The surcharge shall be collected apart from and in addition to a fee levied by the provider or seller, in whole or in part, for the provision of 911 services. The surcharge shall be subject to the following:

(1)  The surcharge shall be uniform, competitively neutral and in an equal amount for subscribers or consumers of all 911 communications services.

(2)  Except as provided under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service), the surcharge shall be paid to the State Treasurer for deposit in the fund. The Treasurer may retain up to 1% of the remitted surcharge to pay expenses directly related to the cost of collection.

(3)  No subscriber or consumer shall be required to pay more than one surcharge per number or device.

(b)  Provider administrative costs.--Each provider collecting the surcharge may retain an amount not to exceed 1% of the gross receipts of surcharges collected as reimbursement for its actual administrative costs.

(c)  Collection of surcharge.--The collection of the surcharge by each provider shall be subject to the following:

(1)  Providers shall collect the surcharge on behalf of the agency as part of their billing process and shall have no obligation to take any legal action to enforce the collection of the surcharge. Action may be brought by or on behalf of the agency. Upon written request of the agency, each wireless provider shall annually provide a list of the names and addresses of those wireless service customers whose accounts are considered a bad debt as determined by the provider's books and records that have failed to pay the surcharge.

(2)  Providers shall not be liable for the unpaid amounts.

(3)  If a provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment against the amount the subscriber owes the provider first and shall remit to the State Treasurer the lesser amount, if any, resulting from the application.

(4)  The surcharge shall not be:

(i)  Subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth or an intergovernmental agency for 911 funding purposes on a provider, seller or consumer with respect to the sale, purchase, use or provision of a communication service.

(ii)  Considered revenue of the provider.

(5)  Nothing under this chapter shall prevent a provider from recovering costs of implementing and maintaining 911 communications service directly from the provider's subscribers, whether itemized on the subscriber's bill or by any other lawful method.

(6)  Funds remaining in a State or county 911 fund prior to the effective date of this section shall only be used for purposes relating to the operation of 911 systems.

35c5306.2v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5306.2.

35c5307s

§ 5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

(a)  Collection and remittance of surcharge.--

(1)  Providers shall assess and collect the surcharge monthly from each subscriber and forward the collection quarterly less the actual uncollectibles to the State Treasurer for deposit in the fund.

(2)  The surcharge shall be stated separately in the subscriber billing.

(3)  (Deleted by amendment).

(b)  Multiline telephone systems.--In the case of Centrex or similar multiline telephone system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the rate of the surcharge for each subscriber:

(1)  For the first 25 lines, each line shall be assessed the surcharge.

(2)  For lines 26 through 100, each line shall be assessed 75% of the surcharge.

(3)  For lines 101 through 250, each line shall be assessed 50% of the surcharge.

(4)  For lines 251 through 500, each line shall be assessed 20% of the surcharge.

(5)  For lines 501 or more, each line shall be assessed 17.2% of the surcharge.

(6)  As of August 1, 2015, for each digital transmission link, including primary rate interface service or Digital Signal-1 (DS-1) level service, or equivalent, that can be channelized and split into 23 or 24 voice-grade or data-grade channels for voice communications, that when the digits 9-1-1 are dialed provides the subscriber access to a PSAP through permissible interconnection to the dedicated 911 system, a subscriber's assessments shall be increased to 23 surcharges per transmission link.

(7)  Each VoIP provider shall collect the uniform 911 surcharge for the number of VoIP service lines for which the VoIP provider has enabled the capacity for simultaneous outbound calls regardless of actual usage.

(8)  Each VoIP provider that remits the surcharge shall certify the accuracy of the remittance annually as required using agency procedures and forms.

(c)  Applicability.--The provisions of this section shall not apply to sellers or consumers of prepaid wireless telecommunications service.

(d)  Reimbursement to municipalities.--(Deleted by amendment).

(e)  Collection enforcement.--(Deleted by amendment).

(f)  Prohibition against release of information.--(Deleted by amendment).

35c5307v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5307 is referred to in section 5306.1 of this title.

35c5307.1s

§ 5307.1.  Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

(a)  Surcharge.--The following apply:

(1)  The surcharge shall be collected by the seller from the consumer per each retail transaction occurring in this Commonwealth.

(2)  The surcharge shall be applied to the cost of each retail transaction regardless of whether the retail transaction occurred in person, by telephone, through the Internet or by any other method. A retail transaction that is conducted in person by a consumer at a business location of the seller shall be treated as occurring in this Commonwealth if that business location is in this Commonwealth. Any other retail transaction shall be treated as occurring in this Commonwealth if the retail transaction is treated as occurring in this Commonwealth under section 202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(3)  The surcharge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller or otherwise conspicuously disclosed to the consumer by the seller.

(4)  The surcharge is a liability of the consumer and not of the seller or any provider, except that the seller shall be liable to remit any surcharge collected from a consumer as provided under paragraph (6), including the charges that the seller is deemed to collect if the amount of the surcharge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.

(5)  The amount of the surcharge that is collected by a seller from a consumer, whether or not the amount is separately stated on an invoice, receipt or similar document provided to the consumer by the seller, shall not be included in the base for measuring a tax, fee, surcharge or other charge that is imposed by the Commonwealth, a political subdivision or an intergovernmental agency.

(6)  The surcharge collected by a seller, less 1.5% that may be retained by the seller to cover administrative costs, shall be remitted to the Department of Revenue at the times provided under Article II of the Tax Reform Code of 1971. The department shall establish payment procedures that substantially coincide with the payment procedures of Article II of the Tax Reform Code of 1971, except the department may require the filing of returns and the payment of the surcharge by electronic means.

(7)  The assessment, audit, appeal, collection and enforcement procedures and other provisions of the Tax Reform Code of 1971 shall apply to the surcharge collected and remitted under this section.

(8)  The provision of section 5311.1 (relating to immunity) shall apply to prepaid wireless providers and sellers.

(9)  The surcharge shall be the only 911 funding obligation imposed regarding prepaid wireless telecommunications service in this Commonwealth. A tax, fee, surcharge or other charge may not be imposed by the Commonwealth, a political subdivision or an intergovernmental agency for 911 funding purposes on a seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service. The surcharge shall not be considered revenue of any seller.

(10)  Each seller that remits the surcharge shall certify the accuracy of the remittance annually using the procedures and forms provided by the agency.

(b)  Department of Revenue.--The following shall apply to the department:

(1)  The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Article II of the Tax Reform Code of 1971.

(2)  The department shall pay all remitted surcharges to the State Treasurer for deposit into the fund within 30 days of receipt for use as provided for under this chapter.

(3)  The department may retain up to 1% of remitted surcharges to pay for expenses directly related to the costs of administering the collection and remittance of surcharges collected under this section.

35c5307.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5307.1.

Cross References.  Section 5307.1 is referred to in sections 5306.1, 5306.2 of this title.

35c5308s

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).

35c5308v

 

2015 Amendment.  Section 5308 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5309s

§ 5309.  Telephone records.

(a)  Access.--A telephone service supplier shall provide customer telephone numbers, names and service addresses to PSAPs when requested by them for use in responding to 911 calls and, when required, to providers of emergency notification services and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services. A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Customer telephone numbers, names and service addresses, and telephone numbers and geographical locations of wireless devices, shall remain the property of the disclosing service supplier. The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information. A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI/ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services commits a misdemeanor of the third degree.

(b)  Privacy waived.--Private listing service customers in a 911 service district shall waive the privacy afforded by nonlisted and nonpublished numbers with respect to the delivery of emergency services.

(c)  Immunity.--(Deleted by amendment).

35c5309v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5310s

§ 5310.  Penalty.

(a)  Communications with 911 systems.--A person who intentionally calls the 911 emergency number for other than emergency purposes commits a misdemeanor of the third degree.

(b)  Information disclosure.--A person commits a misdemeanor of the third degree if the person does any of the following:

(1)  Uses or discloses database information for wireless service, VoIP service, other emergency communications service or next generation 911 service or future technology providing the same or similar functionality for purposes other than handling a call to a 911 system, or a system used for other emergency communications service, next generation 911 service or future technology providing the same or similar functionality, without consent of the subscriber or consumer as otherwise provided by applicable Federal or State law.

(2)  Knowingly uses the telephone number or database information of a 911 system, other emergency communications service, next generation 911 service, future technology providing the same or similar functionality or VoIP service to avoid any charges for the services of a provider.

35c5310v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5311s

§ 5311.  (Reserved).

35c5311.1s

§ 5311.1.  Immunity.

(a)  Local government.--A 911 system or a wireless E-911 system run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).

(b)  Entities.--The following shall not be liable for an act or omission to a person who directly or indirectly uses a 911 emergency service or provides information to 911 systems under this section except for willful or wanton misconduct:

(1)  A 911 system.

(2)  A 911 service provider.

(3)  A provider or communication service provider, including a provider of Next Generation 911 technology.

(4)  An officer, director, employee, vendor or agent of an entity listed under paragraphs (1), (2) and (3).

(c)  Applicability.--The immunity under subsection (b) shall apply to the following:

(1)  The release to PSAPs, providers of emergency notification services or providers of emergency support services of information authorized under this chapter, including nonpublished telephone numbers.

(2)  The release to the Federal Communications Commission, the public utility commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.

(3)  Interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of 911 emergency services and other emergency services, including next generation 911 services under this chapter, unless the interruptions, omissions, defects, errors, mistakes or delays are caused by the willful or wanton misconduct of a person listed under subsection (b).

(4)  Any other matter relating to the provision of 911 communications service or a 911 system.

35c5311.1v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5311.1 is referred to in section 5307.1 of this title.

35c5311.2s

§ 5311.2.  Powers and duties of agency (Deleted by amendment).

35c5311.2v

 

2015 Amendment.  Section 5311.2 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.3s

§ 5311.3.  Advisory committee (Deleted by amendment).

35c5311.3v

 

2015 Amendment.  Section 5311.3 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.4s

§ 5311.4.  Wireless E-911 Emergency Services Fund (Deleted by amendment).

35c5311.4v

 

2015 Amendment.  Section 5311.4 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.5s

§ 5311.5.  Disbursement of fund amounts by agency (Deleted by amendment).

35c5311.5v

 

2015 Amendment.  Section 5311.5 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.6s

§ 5311.6.  Reporting (Deleted by amendment).

35c5311.6v

 

2015 Amendment.  Section 5311.6 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.7s

§ 5311.7.  Prohibition against release of information.

(a)  Annual report of agency.--The annual report of the agency shall be a public document.

(b)  Prohibition against release of information.--The State Treasurer, agency, board, employee, agent or representative of a PSAP or public agency shall not divulge any information acquired with respect to any provider, revenues, expenses, trade secrets, commercial information and other proprietary information. Any information acquired shall be kept confidential except that aggregations of information that do not effectively identify numbers of consumers or subscribers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any provider may be made public.

35c5311.7v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

Cross References.  Section 5311.7 is referred to in sections 5311.1, 5311.4, 5311.6, 5311.14 of this title.

35c5311.8s

§ 5311.8.  Wireless provider and VoIP provider records (Deleted by amendment).

35c5311.8v

 

2015 Amendment.  Section 5311.8 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.9s

§ 5311.9.  Immunity (Deleted by amendment).

35c5311.9v

 

2015 Amendment.  Section 5311.9 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.10s

§ 5311.10.  Agency funding for wireless E-911 support (Deleted by amendment).

35c5311.10v

 

2015 Amendment.  Section 5311.10 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.11s

§ 5311.11.  Rate regulation.

Nothing in this chapter shall be construed to constitute the regulation of the rates charged by providers for any service or feature which they provide to their subscribers or customers or to prohibit charges to a subscriber or customer for any service provided to a subscriber or customer.

35c5311.11v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

35c5311.12s

§ 5311.12.  Regulations (Deleted by amendment).

35c5311.12v

 

2015 Amendment.  Section 5311.12 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.13s

§ 5311.13.  Enforcement (Deleted by amendment).

35c5311.13v

 

2015 Amendment.  Section 5311.13 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.14s

§ 5311.14.  Collection and disbursement of VoIP 911 fee (Deleted by amendment).

35c5311.14v

 

2015 Amendment.  Section 5311.14 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5311.15s

§ 5311.15.  Shared residential MLTS service.

Operators of shared residential MLTS serving residential customers shall ensure that a telecommunications system, at least six months after the effective date of this section, is connected to the public switched telephone network such that calls to 911 result in one distinctive ANI and ALI for each living unit.

35c5311.15v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.15.

35c5311.16s

§ 5311.16.  Business MLTS.

(a)  General rule.--For an MLTS serving business locations at least six months after the effective date of this section, the MLTS operator shall deliver the 911 call with an ELIN which shall result in one of the following:

(1)  An ERL which provides, at a minimum, the building and floor location of a caller.

(2)  An ability to direct response through an alternative and adequate means of signaling by the establishment of a private 911 emergency answering point.

(b)  Reasonable effort.--The MLTS manager must make a reasonable effort to ensure that 911 callers are aware of the proper procedures for calling for emergency assistance.

(c)  Exceptions.--Workspaces with less than 7,000 square feet on a single level, and located on a single contiguous property, are not required to provide more than one ERL, and key telephone systems are not required to provide more than one ERL.

35c5311.16v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.16.

35c5311.17s

§ 5311.17.  Shared communications services.

Providers of shared communications services installed at least six months after the effective date of this section shall assure that the MLTS is connected to the public switched telephone network such that calls to 911 from any telephone result in ALI for each respective ERL of each entity sharing the telecommunications services.

35c5311.17v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.17.

35c5311.18s

§ 5311.18.  Temporary residence.

Businesses providing MLTS service to a temporary residence shall permit the dialing of 911, and the MLTS operator shall ensure that the MLTS is connected to the public switched telephone network. If PBX or other private switch ALI records are not provided for each individual station, the MLTS operator of the temporary residence shall provide specific location information for the caller to the PSAP.

35c5311.18v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.18.

35c5311.19s

§ 5311.19.  Local notification.

In addition to any other requirement of this chapter, applicable to its type of MLTS service, an MLTS operator:

(1)  Shall implement local notifications if operating an MLTS service installed after the effective date of this section.

(2)  May implement local notification if operating an MLTS service installed before the effective date of this section.

35c5311.19v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.19.

35c5311.20s

§ 5311.20.  ALI database maintenance.

If applicable, MLTS operators must arrange to update the ALI database with an appropriate master street address guide valid address and call-back information for each MLTS telephone, such that the location information specifies the ERL of the caller. These updates must be downloaded or otherwise made available to the ALI database provider as soon as practicable for a new MLTS installation, or within one business day of record completion of the actual changes for MLTS installed before the effective date of this section. The information is subject to all Federal and State privacy and confidentiality laws. The MLTS operator shall audit accuracy of information contained in the ALI database at least once annually.

35c5311.20v

(June 29, 2015, P.L.36, No.12, eff. 180 days)

 

2015 Amendment.  Act 12 added section 5311.20.

35c5311.21s

§ 5311.21.  Industry standards.

Local exchange carriers and providers shall be responsible for providing 911 call interconnectivity through the use of generally accepted industry standards.

35c5311.21v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.21.

35c5311.22s

§ 5311.22.  Dialing instructions.

An owner or operator of a multiline telephone system installed after the effective date of this section shall ensure that the system is connected to the public switched telephone network in such a manner that when a user dials 911, the emergency call connects directly to the appropriate 911 system:

(1)  without first dialing any numbers or set of numbers; and

(2)  without being intercepted by a switchboard operator, attendant or other designated onsite individual.

35c5311.22v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.22.

35c5311.23s

§ 5311.23.  MLTS signaling.

An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt or a waiver has been granted.

35c5311.23v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.23.

35c5311.24s

§ 5311.24.  MLTS operator education.

Each public agency providing 911 educational programs is encouraged to develop a program to educate MLTS operators related to accessing 911 emergency telephone systems and coordinate adequate testing of the MLTS interface to the 911 system.

35c5311.24v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.24.

35c5311.25s

§ 5311.25.  Limitation of liability.

A local exchange carrier, Internet service provider, manufacturer or provider of MLTS, MLTS manager, MLTS operator or 911 service provider shall not be liable for civil damages or penalties as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required under this chapter.

35c5311.25v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5311.25.

35c5312s

§ 5312.  (Reserved).

35c5312.1s

§ 5312.1.  Legislative study (Deleted by amendment).

35c5312.1v

 

2015 Repeal.  Section 5312.1 was repealed June 29, 2015, P.L.36, No.12, effective August 1, 2015.

35c5313s

§ 5313.  Legislative report.

Within two years of the effective date of this section, the agency, in consultation with the board, shall prepare and submit to the General Assembly a report and recommendations on the impacts of current and anticipated technological and market changes on the provision of 911 communications service, including:

(1)  the structure and adequacy of the surcharge and fund provided for under this chapter;

(2)  other local revenue options to support 911 services; and

(3)  any benefits that could be derived from dispatching all 911 calls from county PSAPs.

35c5313v

(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)

 

2015 Amendment.  Act 12 added section 5313.

35c5314s

§ 5314.  Inventory.

(a)  Comprehensive inventory required.--The agency, in consultation with the board, shall conduct a comprehensive inventory of each county PSAP's facilities, hardware, software, communications infrastructure, network capabilities and related equipment and services procured to determine the status of each PSAP's 911 system's stage of advancement to NG911.

(b)  Contents.--The inventory shall include, but is not limited to:

(1)  A record of databases, networks, radio, telephone and equipment and correlated networks at each PSAP.

(2)  A record of all data systems, including, but not limited to, call and dispatch and record management systems.

(3)  Equipment/network system geographic limitations and capabilities.

(4)  A record of equipment or facilities that are or can be shared or collocated.

(5)  A record of all leased equipment and date of each lease termination date.

(c)  Counties to cooperate.--Counties shall cooperate with the agency by providing the information identified in this section and other information deemed necessary by the agency to complete an inventory as required under subsection (a). Counties that do not provide the information requested by the agency within 45 days of the request shall be suspended from any grant or funding program or be required to forfeit fund disbursements. The agency, in consultation with the board and the Governor's Interoperability Council, shall complete the inventory and issue a report detailing its findings and recommendations to the General Assembly by March 31, 2016. The agency shall be responsible for maintaining and updating the inventory on a biannual basis.

35c5314v

(June 29, 2015, P.L.36, No.12, eff. imd.)

 

2015 Amendment.  Act 12 added section 5314.

35c5398s

§ 5398.  Termination.

This chapter shall expire June 30, 2019.

35c5398v

(June 30, 2014, P.L.813, No.84, eff. imd.; June 29, 2015, P.L.36, No.12, eff. imd.)

 

Special Provisions in Appendix.  See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7101h

 

 

PART V

EMERGENCY MANAGEMENT SERVICES

 

Chapter

71.  General Provisions

73.  Commonwealth Services

74.  Volunteer Firefighters

75.  Local Organizations and Services

76.  Emergency Management Assistance Compact

77.  Miscellaneous Provisions

78.  Grants to Fire Companies and Volunteer Services

 

Enactment.  Part V was added November 26, 1978, P.L.1332, No.323, effective immediately.

 

 

CHAPTER 71

GENERAL PROVISIONS

 

Subchapter

A.  Preliminary Provisions

B.  Interstate Civil Defense and Disaster Compact

 

Enactment.  Chapter 71 was added November 26, 1978, P.L.1332, No.323, effective immediately.

Cross References.  Chapter 71 is referred to in section 8104 of this title.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

7101.  Short title of part.

7102.  Definitions.

7103.  Purposes of part.

7104.  Limitations.

35c7101s

§ 7101.  Short title of part.

This part shall be known and may be cited as the "Emergency Management Services Code."

35c7102s

§ 7102.  Definitions.

The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Agency."  The Pennsylvania Emergency Management Agency.

"Council."  The Pennsylvania Emergency Management Council.

"Custodial child care facility."  A child day care center as defined under section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or nursery school licensed or regulated by the Commonwealth.

"Disaster."  A man-made disaster, natural disaster or war-caused disaster.

"Disaster emergency."  Those conditions which may by investigation made, be found, actually or likely, to:

(1)  affect seriously the safety, health or welfare of a substantial number of citizens of this Commonwealth or preclude the operation or use of essential public facilities;

(2)  be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; and

(3)  have been caused by forces beyond the control of man, by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.

"Disaster emergency-related work."  The repair, renovation, installation, construction or rendering of services or other business activities that relate to infrastructure that has been damaged, impaired or destroyed by a disaster.

"Emergency management."  The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, man-made or natural sources.

"Emergency services."  The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of those functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological, shelter, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resources management, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection.

"Infrastructure."  Real and personal property and equipment that is owned or used by any of the following that service multiple customers or citizens:

(1)  A communications network.

(2)  An electric generation, transmission and distribution system.

(3)  A gas distribution system that provides the facilities and equipment for producing, generating, transmitting, distributing or the furnishing of gas directly to the end customer.

(4)  A public or private water pipeline.

"Local emergency."  The condition declared by the local governing body when in their judgment the threat or actual occurrence of a disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. A local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby.

"Local organization."  A local emergency management organization.

"Man-made disaster."  Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.

"Natural disaster."  Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.

"Out-of-State business."  A business entity whose services are requested by a registered business, the Commonwealth or a political subdivision of the Commonwealth for purposes of performing disaster emergency-related work in this Commonwealth. The term includes a business entity that is affiliated with a registered business in this Commonwealth solely through common ownership. The out-of-State business may not have any of the following:

(1)  A presence in this Commonwealth, excluding prior disaster emergency-related work performed under section 7308(b)(1) (relating to laws suspended during emergency assignments).

(2)  Any registration, tax filing or nexus in this Commonwealth within the past three calendar years.

"Out-of-State employee."  An employee who does not work in this Commonwealth, unless the employee is performing disaster emergency-related work during a period under section 7308(b)(1).

"Person."  An individual, corporation, firm, association, public utility, trust, estate, public or private institution, group, the Commonwealth or a local agency or political subdivision and any legal successor, representative or agency of the foregoing.

"Political subdivision."  Any county, city, borough, incorporated town or township.

"Registered business."  Any business entity that is registered to do business in this Commonwealth prior to a declared disaster or emergency.

"Resource shortage."  The absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind which bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of this Commonwealth.

"War-caused disaster."  Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.

35c7102v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days; Oct. 31, 2014, P.L.3044, No.203, eff. 60 days)

 

2014 Amendment.  Act 203 added the defs. of "disaster emergency-related work," "infrastructure," "out-of-State business," "out-of-State employee" and "registered business." Section 3 of Act 203 provided that the additions of the defs. shall apply to a disaster or emergency that is declared on or after the effective date of section 3.

2004 Amendment.  Act 73 added the def. of "custodial child care facility."

1996 Amendment.  Act 2, 2nd Sp.Sess., added the def. of "person."

Cross References.  Section 7102 is referred to in section 2302 of Title 12 (Commerce and Trade).

35c7103s

§ 7103.  Purposes of part.

The purposes of this part are to:

(1)  Reduce vulnerability of people and communities of this Commonwealth to damage, injury and loss of life and property resulting from disasters.

(2)  Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster.

(3)  Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.

(4)  Clarify and strengthen the roles of the Governor, Commonwealth agencies and local government in prevention of, preparation for, response to and recovery from disasters.

(5)  Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery.

(6)  Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by agencies and officers of this Commonwealth, and similar State-local and Federal-State activities in which the Commonwealth and its political subdivisions participate.

(7)  Provide a disaster management system embodying all aspects of predisaster preparedness and postdisaster response.

(8)  Assist in prevention of disaster caused or aggravated by inadequate planning for and regulation of public and private facilities and land use.

(9)  Supplement, without in any way limiting, authority conferred by previous statutes of this Commonwealth and increase the capability of the Commonwealth and local agencies having responsibilities for civil defense to perform both civil defense and disaster services.

(10)  Further the operational capacities of Commonwealth agencies to deal with disaster situations.

(11)  Further programs of education and training.

(12)  Establish integrated communications capabilities and warning systems.

35c7104s

§ 7104.  Limitations.

This part is not intended to:

(1)  Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this part or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

(2)  Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or of any personnel thereof when on active duty except that Commonwealth and local disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies.

(3)  Limit, modify or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes or common law of this Commonwealth independent of, or in conjunction with, any provisions of this part.

35c7111h

 

 

SUBCHAPTER B

INTERSTATE CIVIL DEFENSE AND

DISASTER COMPACT

 

Sec.

7111.  Interstate civil defense and disaster compact enacted.

35c7111s

§ 7111.  Interstate civil defense and disaster compact enacted.

The Interstate Civil Defense and Disaster Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

 

Article 1

 

The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise), including sabotage and subversive acts and direct attacks by bombs, shellfire and atomic, radiological, chemical, bacteriological means and other weapons. The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the States that are parties hereto. The directors of civil defense of all party States shall constitute a committee to formulate plans and to take all necessary steps for the implementation of this compact.

 

Article 2

 

It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs, the party States shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including:

(a)  Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services.

(b)  Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces, and other tests and exercises.

(c)  Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.

(d)  The effective screening or extinguishing of all lights and lighting devices and appliances.

(e)  Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services.

(f)  All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State.

(g)  The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic prior, during and subsequent to drills or attacks.

(h)  The safety of public meetings or gatherings.

(i)  Mobile support units.

 

Article 3

 

Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof: Provided, That it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest, unless specifically authorized by the receiving State), duties, rights, privileges and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance.

 

Article 4

 

Whenever any person holds a license, certificate or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered.

 

Article 5

 

No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

 

Article 6

 

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend but shall not be limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

 

Article 7

 

Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact in the same manner and on the same terms as if the injury or death were sustained within such State.

 

Article 8

 

Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid and for the cost incurred in connection with such requests: Provided, That any aiding party State may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost: And, provided further, That any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.

 

Article 9

 

Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas, or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

 

Article 10

 

This compact shall be available to any State, territory or possession of the United States and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.

 

Article 11

 

The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact and representatives of such agency of the United States Government may attend meetings of such committee.

 

Article 12

 

This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying, and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.

 

Article 13

 

This compact shall continue in force and remain binding on each party State until the Legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.

 

Article 14

 

This compact shall be construed to effectuate the purposes stated in Article 1. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

35c7301h

 

 

CHAPTER 73

COMMONWEALTH SERVICES

 

Subchapter

A.  The Governor and Disaster Emergencies

B.  Pennsylvania Emergency Management Agency

C.  Intrastate Mutual Aid

D.  State Firemen's Training School

E.  Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance

F.  State Fire Commissioner

 

Enactment.  Chapter 73 was added November 26, 1978, P.L.1332, No.323, effective immediately, unless otherwise noted.

Cross References.  Chapter 73 is referred to in section 6107 of Title 18 (Crimes and Offenses).

 

 

SUBCHAPTER A

THE GOVERNOR AND DISASTER EMERGENCIES

 

Sec.

7301.  General authority of Governor.

7302.  Temporary housing.

7303.  Debris and wreckage removal.

7304.  Community disaster loans.

7305.  Individual and family assistance.

7305.1. Grants for hazard mitigation.

7306.  Appropriation of Federal funds.

7307.  Use and appropriation of unused Commonwealth funds (Repealed).

7308.  Laws suspended during emergency assignments.

35c7301s

§ 7301.  General authority of Governor.

(a)  Responsibility to meet disasters.--The Governor is responsible for meeting the dangers to this Commonwealth and people presented by disasters.

(b)  Executive orders, proclamations and regulations.--Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.

(c)  Declaration of disaster emergency.--A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened and the conditions which have brought the disaster about or which make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the Pennsylvania Emergency Management Agency and the Legislative Reference Bureau for publication under Part II of Title 45 (relating to publication and effectiveness of Commonwealth documents).

(d)  Activation of disaster response.--An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of law relating to disaster emergencies.

(e)  Commander in chief of military forces.--During the continuance of any state of disaster emergency, the Governor is commander in chief of the Pennsylvania military forces. To the greatest extent practicable, the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but this does not restrict the authority of the Governor to do so by orders issued at the time of the disaster emergency.

(f)  Additional powers.--In addition to any other powers conferred upon the Governor by law, the Governor may:

(1)  Suspend the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency.

(2)  Utilize all available resources of the Commonwealth Government and each political subdivision of this Commonwealth as reasonably necessary to cope with the disaster emergency.

(3)  Transfer the direction, personnel or functions of Commonwealth agencies or units thereof for the purpose of performing or facilitating emergency services.

(4)  Subject to any applicable requirements for compensation under section 7313(10) (relating to powers and duties), commandeer or utilize any private, public or quasi-public property if necessary to cope with the disaster emergency.

(5)  Direct and compel the evacuation of all or part of the population from any stricken or threatened area within this Commonwealth if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.

(6)  Prescribe routes, modes of transportation and destinations in connection with evacuation.

(7)  Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.

(8)  Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.

(9)  Confer the power of arrest on the law enforcement personnel serving as part of the emergency forces of a party state during operations in this Commonwealth pursuant to a declaration of a disaster emergency under subsection (c). Law enforcement personnel shall be under the operational control of the Commissioner of Pennsylvania State Police and shall comply with the terms and conditions of the Emergency Management Assistance Compact under Chapter 76 (relating to Emergency Management Assistance Compact). Arrest powers granted under this paragraph shall expire when the declaration of a disaster emergency is terminated by executive order, proclamation or operation of law, if the arrest powers have not previously been terminated.

35c7301v

(July 13, 1988, P.L.501, No.87, eff. imd.; Oct. 27, 2014, P.L.2899, No.187, eff. imd.)

 

2014 Amendment.  Act 187 added subsec. (f)(9).

1988 Amendment.  Act 87 amended subsec. (f)(4).

Cross References.  Section 7301 is referred to in sections 7705, 7903 of this title; section 2306 of Title 12 (Commerce and Trade); section 8704 of Title 53 (Municipalities Generally).

35c7302s

§ 7302.  Temporary housing.

(a)  Authority of Governor.--Whenever the Governor has proclaimed a disaster emergency under this part, or the President has declared an emergency or a major disaster to exist in this Commonwealth, the Governor is authorized:

(1)  To enter into purchase, lease or other arrangements with any Federal agency for temporary housing units to be occupied by disaster victims and to make the units available to any political subdivision of this Commonwealth named as a party to the emergency or disaster declaration.

(2)  To assist any political subdivision of this Commonwealth which is the locus of temporary housing for disaster victims to acquire sites necessary for such temporary housing and to do all things required to prepare such sites to receive and utilize temporary housing units by:

(i)  advancing or lending funds available to the Governor from any appropriation made by the General Assembly or from any other source;

(ii)  "passing through" funds made available by any agency, public or private; or

(iii)  becoming a copartner with the political subdivision for the execution and performance of any temporary housing for disaster victims project;

and for such purposes to pledge the credit of the Commonwealth on such terms as the Governor deems appropriate having due regard for current debt transactions of the Commonwealth.

(3)  Under such regulations as the Governor shall prescribe, to temporarily suspend or modify for not to exceed 60 days any public health, safety, zoning, transportation (within or across this Commonwealth) or other requirement of statute or regulation within this Commonwealth when by proclamation the Governor deems the suspension or modification essential to provide temporary housing for disaster victims.

(b)  Acquisition of sites by political subdivisions.--Any political subdivision of this Commonwealth is expressly authorized to acquire, temporarily or permanently, by purchase, lease or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements which are necessary to prepare or equip the sites to utilize the housing units.

(c)  Construction of section.--This section does not limit the authority of the Governor to apply for, administer and expend any grants, gifts or payments in aid of disaster prevention, preparedness, response or recovery.

(d)  Definitions.--As used in this section, "major disaster" and "emergency" shall have the same meanings as defined or used in The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).

35c7302v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.)

 

1996 Amendment.  Act 2, 2nd Sp.Sess., amended subsec. (d).

Cross References.  Section 7302 is referred to in section 7306 of this title.

35c7303s

§ 7303.  Debris and wreckage removal.

(a)  Authority of Governor.--Whenever the Governor has declared a disaster emergency to exist under this part, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1)  Notwithstanding any other provision of law, through the use of Commonwealth agencies or instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.

(2)  To accept funds from the Federal Government and utilize the funds to make grants or to reimburse any political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(b)  Authority of Commonwealth personnel.--Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a), employees of the designated Commonwealth agencies or individuals appointed by the Commonwealth are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(c)  Nonliability of Commonwealth personnel.--Except in cases of willful misconduct, gross negligence or bad faith, any Commonwealth employee or agent complying with and performing duties pursuant to orders of the Governor under this section shall not be liable for death of or injury to persons or damage to property.

35c7303v

 

Cross References.  Section 7303 is referred to in section 7306 of this title.

35c7304s

§ 7304.  Community disaster loans.

Whenever, at the request of the Governor, the President has declared a major disaster to exist in this Commonwealth, the Governor is authorized:

(1)  Upon determining that a political subdivision of this Commonwealth will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the Federal Government, on behalf of the political subdivision, for a loan and to receive and disburse the proceeds of any approved loan to any applicant political subdivision.

(2)  To determine the amount needed by any applicant political subdivision to restore or resume its governmental functions and to certify the amount to the Federal Government. No application amount shall exceed 25% of the annual operating budget of the applicant for the fiscal year in which the major disaster occurs.

(3)  After review, recommend to the Federal Government the cancellation of all or any part of repayment when, in the first three full fiscal-year periods following the major disaster, the revenues of the political subdivision are insufficient to meet its operating expenses including additional disaster-related expenses of a municipal operation character.

35c7304v

 

Cross References.  Section 7304 is referred to in section 7306 of this title.

35c7305s

§ 7305.  Individual and family assistance.

(a)  Grants by Federal Government.--Whenever the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1)  Upon determining that assistance under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), and from other means is insufficient to meet the disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster, to accept a grant from the Federal Government for the purpose of meeting the expenses or needs of disaster victims, subject to any terms and conditions imposed upon the grant.

(2)  To enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the assistance authorized in paragraph (1) and, if Commonwealth funds are not otherwise available to the Governor, to accept an advance of the Commonwealth share from the Federal Government to be repaid when the Commonwealth is able to do so.

(b)  Grants by Governor.--To implement subsection (a), the Governor is authorized to make grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster declared by the President. Any grant shall not exceed the amount authorized by The Robert T. Stafford Disaster Relief and Emergency Assistance Act or by applicable State law to an individual or family in any single major disaster.

(c)  Penalty for false application.--Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for assistance under this section shall be guilty of a misdemeanor of the third degree.

35c7305v

(May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.)

35c7305.1s

§ 7305.1.  Grants for hazard mitigation.

(a)  Commonwealth participation in hazard mitigation funding; agreements.--Whenever the President authorizes the contribution of up to 75% of the cost of hazard mitigation measures to reduce the risk of future damage, hardship, loss or suffering in any area affected by a major disaster pursuant to The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143), the Governor is authorized, subject to the availability of appropriated funds, to enter into an agreement with the Federal Government or any Federal agency or officer pledging the Commonwealth to participate in the funding of the mitigation project.

(b)  Special Session disaster relief acts.--Projects which are itemized under Chapter 3 of the act of July 11, 1996 (2nd Sp.Sess., P.L.1791, No.8), known as the Special Session Flood Control and Hazard Mitigation Itemization Act of 1996, and the act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as the Special Session Flood Relief Act, are deemed to be hazard mitigation projects for the purposes of hazard mitigation funding to the extent that such projects qualify under The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143).

35c7305.1v

(July 11, 1996, 2nd Sp.Sess., P.L.1776, No.5, eff. imd.)

 

1996 Amendment.  Act 5, 2nd Sp.Sess., added section 7305.1.

35c7306s

§ 7306.  Appropriation of Federal funds.

All moneys received from the Federal Government for the purpose of disaster assistance or relief, including assistance as specified under sections 7302 (relating to temporary housing), 7303 (relating to debris and wreckage removal) and 7304 (relating to community disaster loans), shall be paid into the General Fund.

35c7307s

§ 7307.  Use and appropriation of unused Commonwealth funds (Repealed).

35c7307v

 

2007 Repeal.  Section 7307 was repealed July 17, 2007, P.L.141, No.42, effective immediately.

35c7308s

§ 7308.  Laws suspended during emergency assignments.

(a)  Commonwealth agencies.--In the case of a declaration of a state of emergency by the Governor, Commonwealth agencies may implement their emergency assignments without regard to procedures required by other laws (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and expenditures of public funds.

(b)  Out-of-State business or employee.--Notwithstanding any other law to the contrary, if the Governor has declared a disaster emergency to exist under this part or the President has declared a major disaster or emergency to exist in this Commonwealth, the following shall apply:

(1)  An out-of-State business that conducts operations within this Commonwealth for purposes of performing disaster emergency-related work for a period of not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency period may not be considered to have established a level of presence that would require that business to register, file and remit State or local taxes or that would require the out-of-State business or an out-of-State employee to be subject to any licensing or registration requirements of the Commonwealth, provided that the out-of-State business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including any of the following:

(i)  State or local business licensing or registration requirements.

(ii)  Pennsylvania Public Utility Commission or regulatory requirements.

(iii)  State and local taxes and fees, such as unemployment insurance, sales and use tax or property tax on equipment brought into this Commonwealth on a temporary basis used during the disaster emergency and subsequently removed from this Commonwealth, State or local occupational licensing fees or local services taxes.

(iv)  A State or local tax on or measured by, in whole or in part, net or gross income or receipts. The activity of the out-of-State business that is conducted in this Commonwealth under this title shall be disregarded with respect to a filing requirement for the tax, including the filing required, if any, for a unitary or combined group of which the out-of-State business may be a part. For the purpose of apportioning income, revenue or receipts, the performance of work in accordance with this section by an out-of-State business may not be sourced to or otherwise impact or increase the amount of income, revenue or receipts apportioned to the Commonwealth.

(2)  The period under paragraph (1) may be extended by the Governor for a period of not more than 30 days for each declared disaster emergency.

(3)  An out-of-State employee shall not be considered to have established residency or presence in this Commonwealth that would require the individual or the individual's employer to file and pay income taxes, to be subjected to income tax withholding or to file and pay any other State or local tax or fee for disaster emergency-related work performed during the disaster period designated under paragraphs (1) and (2), including any related State or local employer withholding or remittance obligations.

(c)  Liability exemption.--Nothing in this section shall be construed to relieve an entity or individual from a liability not explicitly exempted under this section, including, but not limited to, damages associated with an act of negligence.

(d)  Transaction taxes and fees.--An out-of-State business and out-of-State employee shall be required to pay transaction taxes and fees, including but not limited to, fuel taxes or sales and use tax on materials or services consumed or used in this Commonwealth subject to sales and use tax, hotel taxes or car rental taxes or fees that the out-of-State business or out-of-State employee purchases for use or consumption in this Commonwealth during the period not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency unless the taxes or fees are otherwise exempted.

35c7308v

(Oct. 31, 2014, P.L.3044, No.203, eff. 60 days)

 

2014 Amendment.  Section 3 of Act 203 provided that the amendment shall apply to a disaster or emergency that is declared on or after the effective date of section 3.

Cross References.  Section 7308 is referred to in section 7102 of this title.

35c7311h

 

 

SUBCHAPTER B

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY

 

Sec.

7311.  Creation.

7312.  Organization.

7313.  Powers and duties.

7314.  Utilization of existing services and facilities.

7315.  Pennsylvania State Fire Commissioner (Repealed).

7316.  Pennsylvania State Fire Academy (Repealed).

7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

7318.  Fire Safety Advisory Committee (Repealed).

7319.  Appropriations (Repealed).

7320.  Radiological emergency response preparedness, planning and recovery program.

7321.  Unconventional well 911 emergency response information.

 

Termination of Agency.  The Pennsylvania Emergency Management Agency is subject to periodic review under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act, and will terminate on the date specified in that act unless reestablished or continued by the General Assembly. The Pennsylvania Emergency Management Agency was reestablished by the act of July 13, 1988 (P.L.501, No.87), until December 31, 1997. The termination date of December 31, 1997, is probably not effective since the Sunset Act expired December 22, 1991.

35c7311s

§ 7311.  Creation.

To assure prompt, proper and effective discharge of basic Commonwealth responsibilities relating to civil defense and disaster preparedness, operations and recovery, there is hereby formally created the Pennsylvania Emergency Management Agency.

35c7311v

 

State Council of Civil Defense.  See section 2 of Act 323 of 1978 in the appendix to this title for special provisions relating to the transfer to the Pennsylvania Emergency Management Agency of personnel, appropriations, equipment, etc., of the State Council of Civil Defense.

35c7312s

§ 7312.  Organization.

This agency shall consist of and be organized substantially as follows:

(a)  Council.--Primary responsibility for overall policy and direction of a Statewide civil defense and disaster program and response capability of the type hereinafter prescribed shall be vested in a body legally known as the Pennsylvania Emergency Management Council, which shall be composed of: the Governor, Lieutenant Governor, Adjutant General, Secretary of Health, Attorney General, General Counsel, Secretary of Community Affairs, Secretary of Environmental Protection, Secretary of Transportation, Secretary of Agriculture, Secretary of Public Welfare, Commissioner of the Pennsylvania State Police, Chairman of the Public Utility Commission, State Fire Commissioner, Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives. The Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives may authorize a member of their respective Houses of the General Assembly to serve in their stead. The Governor may authorize up to two representatives of business and industry, up to two representatives of labor, up to two public members at large and one representative respectively of the Pennsylvania State Association of County Commissioners, the Pennsylvania State Association of Township Commissioners, the Pennsylvania State Association of Township Supervisors, the Pennsylvania League of Cities and the Pennsylvania State Association of Boroughs to be nonvoting members of the council. The Governor may designate a member to serve as chairman. Five members shall constitute a quorum.

(b)  Compensation and expenses.--The members shall serve without compensation, but may be reimbursed for their actual and necessary traveling and other expenses incurred in connection with attendance at meetings.

(c)  Regular meetings.--For the conduct of routine business, including particularly the consideration of matters of basic policy, the council shall meet at the call of the chairman and at least three times during each calendar year.

(d)  Emergency meetings.--In the event of attack or disaster situations determined actually or likely to be of such nature, magnitude, severity or duration as to necessitate extensive or extraordinary deployment and use of Commonwealth resources for emergency purposes, the chairman shall, within not more than 72 hours immediately following such determination, call the council into emergency session, for consideration of actions taken or to be taken. In the absence of the chairman, notice of such meetings shall be disseminated to the membership by the State director.

(e)  State director.--To supervise the work and activities comprising the State Civil Defense and Disaster Program, the Governor shall appoint an individual to act, on a full-time basis, as director of the agency. The director shall perform all such fiscal, planning, administrative, operational and other duties as may be assigned to him by the council and shall act as the chairman's principal assistant in civil defense and disaster matters. The director or the director's designee is also the State coordinating officer responsible to coordinate and supervise the Commonwealth and local disaster response effort following a presidential declaration of an emergency or a major disaster.

(f)  Staff.--The council shall, within the limitations of appropriations made to the agency, arrange for the employment of such professional, technical, administrative and other staff personnel as may be deemed essential to the development and maintenance of a Statewide civil defense and disaster plan and program of the type hereinafter prescribed. All such personnel shall be employed and subject to pertinent provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," and the Commonwealth Compensation Plan.

(g)  Office space, equipment and services.--The agency shall be furnished necessary and appropriate office space, furniture, equipment, supplies and services in the same general manner as are other Commonwealth departments and agencies.

(h)  Emergency communications.--The agency shall maintain an integrated communications capability designed to provide to all areas and counties weather advisories, river forecasts, warnings, and direction and control of all emergency preparedness functions within the Commonwealth. The agency shall coordinate the Commonwealth's emergency communication systems, sharing of information and weather emergency notification among the National Weather Service, contiguous State emergency management offices, local coordinators of emergency management, the Pennsylvania State Police, local police departments, private relief associations and other appropriate organizations. Additionally, the agency shall establish the sole Statewide telephone number that persons, including county and municipal emergency management personnel, may use to report incidences of radioactive and hazardous materials and other disaster emergencies.

(i)  Administrative provisions.--Except as otherwise provided in this part, the agency shall be subject to the provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

35c7312v

(July 13, 1988, P.L.501, No.87, eff. imd.; Nov. 13, 1995, P.L.609, No.62, eff. 60 days)

 

1995 Amendment.  Act 62 amended subsec. (a).

1988 Amendment.  Act 87 amended subsecs. (a), (d), (e) and (h). See section 9 of Act 87 in the appendix to this title for special provisions relating to continuation of State Director.

References in Text.  The Secretary of Community Affairs, referred to in subsec. (a), was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.

The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.

35c7313s

§ 7313.  Powers and duties.

The agency shall have the following powers and duties:

(1)  To prepare, maintain and keep current a Pennsylvania Emergency Management Plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery. The plan may include provisions for:

(i)  Preparedness standards established by the Federal Emergency Management Agency.

(ii)  Commonwealth and local disaster emergency management responsibilities.

(iii)  Assistance to Commonwealth agencies, local government officials, schools and custodial child care facilities in designing emergency management plans and training programs.

(iv)  Organization of manpower, chains of command, continuity of government in emergency situations and emergency operational principles.

(v)  Coordination of Federal, Commonwealth and local disaster emergency management activities.

(vi)  Coordination of the Commonwealth Emergency Management Plan with the disaster plans of the Federal Government and those of other states.

(vii)  Assistance to the Commonwealth and local governments in obtaining, utilizing and managing Federal and Commonwealth disaster assistance.

(viii)  Supply to appropriate Commonwealth and local officials State catalogs of Federal, Commonwealth and private assistance programs.

(ix)  Identification of areas particularly vulnerable to disasters.

(x)  Recommendations for zoning, building and other land-use controls; safety measures pertaining to nonpermanent or semipermanent structures; resource conservation and allocation; and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact.

(xi)  Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster.

(2)  To establish, equip and staff a Commonwealth and area emergency operations center with a consolidated Statewide system of warning and provide a system of disaster communications integrated with those of Federal, Commonwealth and local agencies involved in disaster emergency operations.

(3)  To promulgate, adopt and enforce such rules, regulations and orders as may be deemed necessary to carry out the provisions of this part.

(4)  To provide technical advice and assistance to Commonwealth agencies, political subdivisions, schools and custodial child care facilities in the preparation of disaster emergency management plans or components thereof and to periodically review such plans and suggest or require revisions.

(5)  To establish and operate or assist political subdivisions in establishing and operating training programs and programs of public information.

(6)  To supply appropriate Commonwealth and local agencies and officials and the general public with precautionary notices, watches and warnings relating to actual and potential disasters and to provide a flow of official information and instructions to the general public through all means available before, during and after an emergency. The agency shall implement a program of integrated flood warning systems among political subdivisions. The agency shall establish coordinated flood notification and early warning systems along prescribed major river basins and selected tributaries thereof in this Commonwealth.

(7)  To provide emergency direction and control of Commonwealth and local emergency operations.

(8)  To determine the need for, maintain information regarding and procure materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

(9)  To make or request of Commonwealth or local agencies and officials, studies, surveys and reports as are necessary to carry out the purposes of this part.

(10)  To plan and make arrangements for the availability and use of any private facilities, services and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon.

(11)  To prepare, for issuance by the Governor, executive orders, proclamations and regulations as necessary or appropriate in coping with disasters.

(12)  To cooperate with the Federal Government and any public or private agency or entity in achieving any purpose of this part and in implementing programs for disaster prevention, preparation, response and recovery.

(13)  To administer grant programs to political subdivisions for disaster management.

(14)  To accept and coordinate assistance provided by Federal agencies in major disasters or emergencies in accordance with the provisions of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or reenactment thereof.

(15)  To respond to disaster relating to atomic energy operations or radioactive objects or materials. Any such action taken and any regulations adopted by the office shall be inapplicable to any objects or materials possessing a radiation-producing capacity less than that set forth as the maximum safety limit by the standards endorsed and as may be subsequently endorsed by the United States Nuclear Regulatory Commission for the protection of life and property and the maintenance of health and safety.

(16)  To take other action necessary, incidental or appropriate for the implementation of this part.

(17)  To report annually to the General Assembly the state of preparedness of the Commonwealth to deal with attack or disaster and those significant events occurring within the past year.

(18)  To recommend to the Governor legislation or other actions as deemed necessary in connection with the purposes of this part.

(19)  To provide, from its own stockpiles or other sources, emergency operational equipment, materials and supplies required and available for essential supplementation of those owned, acquired and used by Commonwealth, county and local departments and agencies for attack and disaster operations. The agency shall establish two regional emergency supply warehouses. One shall be located in the western part of this Commonwealth, and one shall be located in the eastern part of this Commonwealth.

(20)  For the period during which an emergency is declared by the Governor, to incur obligations for or purchase such materials and supplies as may be necessary to combat a disaster, protect the health and safety of persons and property and provide emergency assistance to victims of a disaster without complying with formal bidding or other time-consuming contract procedures.

(21)  To require hydroelectric generating facilities and dam operators to do all of the following:

(i)  Provide minimum competency testing for their operators.

(ii)  Submit plans for flood notification and warning.

35c7313v

(July 13, 1988, P.L.501, No.87, eff. imd.; May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days)

 

2004 Amendment.  Act 73 amended pars. (1)(iii) and (4).

1996 Amendment.  Act 2, 2nd Sp.Sess., amended par. (14).

1988 Amendment.  Act 87 amended pars. (6), (19) and (20) and added par. (21).

Cross References.  Section 7313 is referred to in sections 7301, 7320, 7503 of this title.

35c7314s

§ 7314.  Utilization of existing services and facilities.

In order to avoid duplication of services and facilities, the agency shall utilize the services and facilities of existing officers, offices, departments, commissions, boards, bureaus, institutions and other agencies of the Commonwealth and of the political subdivisions thereof. These officers and agencies shall cooperate with and extend their services and facilities to the agency as requested.

35c7315s

§ 7315.  Pennsylvania State Fire Commissioner (Repealed).

35c7315v

 

1995 Repeal.  Section 7315 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7316s

§ 7316.  Pennsylvania State Fire Academy (Repealed).

35c7316v

 

1995 Repeal.  Section 7316 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7317s

§ 7317.  Pennsylvania Volunteer Loan Assistance Program (Repealed).

35c7317v

 

1995 Repeal.  Section 7317 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7318s

§ 7318.  Fire Safety Advisory Committee (Repealed).

35c7318v

 

1995 Repeal.  Section 7318 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7319s

§ 7319.  Appropriations (Repealed).

35c7319v

 

1995 Repeal.  Section 7319 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.

35c7320s

§ 7320.  Radiological emergency response preparedness, planning and recovery program.

(a)  Establishment of program.--In addition to the powers and duties of the agency set forth in section 7313 (relating to powers and duties), the agency shall develop, establish and maintain a radiological emergency response preparedness, planning and recovery program consistent with the Commonwealth's Emergency Management Plan and in accordance with other applicable Federal regulations and State laws for each nuclear generating facility that has received an operating license from the Nuclear Regulatory Commission.

(b)  Agency functions.--The specific functions of the agency under the radiological emergency response preparedness, planning and recovery program shall include, but not be limited to:

(1)  Serving as the point of contact for interface between the affected facilities and other Commonwealth agencies and departments, counties, municipalities and school districts.

(2)  Annual review and revision, as necessary, of the risk and support county radiological emergency response plans to ensure that they are consistent with the Commonwealth's Emergency Management Plan.

(3)  Participation in required exercises, including emergency communication drills and tests, as based upon mutually agreed schedules and parameters.

(4)  Participation in the Federal full participation exercises scheduled for nuclear generation stations.

(5)  Review and revision, as necessary, of Annex E, "Radiological Emergency Response to Nuclear Power Plant Incidents," of the Commonwealth's Emergency Management Plan and annual review of the onsite emergency response plan of each utility to ensure that it is consistent with the annex.

(6)  Seeking formal Federal review and approval of the Commonwealth's Annex E to its Emergency Management Plan and the county, municipal and other plans in accordance with 44 CFR Part 350 (relating to review and approval of state and local radiological emergency plans and preparedness). Once Federal approval is obtained for the plans, the agency shall seek to maintain that approval status.

(7)  Annual review of municipal and school district radiological emergency response plans in conjunction with the respective county emergency management agencies to ensure that they are consistent with the applicable county radiological emergency response plans.

(8)  Assisting in the update of lesson plans used by each utility for county, municipal, school and volunteer agency offsite training purposes and, to the extent necessary to obtain Federal approval, participation in this training effort.

(9)  Annual review of the Alert Notification System Report for each nuclear generating station to ensure that current information from the State and county plans are included in the report and assist in the coordination of siren or other emergency communication tests with each utility, the appropriate counties and adjacent states.

(10)  Coordinating the review and update of emergency information brochures with the respective counties and utilities.

(11)  Participation with each utility in planning and program meetings scheduled with counties, municipalities and school districts.

(12)  Developing planning and preparedness procedures for emergency response within the ingestion exposure pathway zone.

(13)  Providing a qualified press secretary or designee to participate in the operation of a joint information center upon its activation by a utility.

(14)  Performing actions necessary to satisfy the Commonwealth's responsibilities relative to Federal guidance memoranda.

(15)  Providing reasonable assistance and support requested by a utility from time to time in connection with the utility obtaining or maintaining, or both, an emergency plan acceptable to Federal regulatory entities having jurisdiction over the utility.

(16)  Providing other reasonable assistance and support requested by utilities from time to time.

(17)  Providing guidance to State, county and municipal elected officials, departments and agencies and school districts in order to ensure compliance with this section and all other applicable Federal and State radiation protection safety laws.

(18)  Providing redundant communications' capability between the agency's headquarters and each nuclear generating station in this Commonwealth sufficient to meet Federal and State regulatory requirements.

(c)  Establishment of fund.--There is hereby created in the General Fund a nonlapsing restricted receipt account to be known as the Radiological Emergency Response Planning and Preparedness Program Fund. Fees received under subsection (d) shall be deposited in this fund. Moneys in the fund are hereby appropriated to the agency to carry out its responsibilities under subsections (a) and (b).

(d) Annual fees.--(Repealed).

35c7320v

(Dec. 20, 1989, P.L.665, No.85, eff. imd.; July 13, 2007, P.L.95, No.31, eff. imd.)

 

2007 Repeal.  Act 31 repealed subsec. (d).

1989 Amendment.  Act 85 added section 7320.

35c7321s

§ 7321.  Unconventional well 911 emergency response information.

(a)  Emergency regulations.--The agency and the Department of Environmental Protection shall adopt emergency regulations directing the operators of all unconventional wells within this Commonwealth to do all of the following:

(1)  Adopt a unique GPS coordinate address for each unconventional well at both the access road entrance and well pad site.

(2)  Register that address with the agency, the Department of Environmental Protection and the county emergency management organization within the county where the unconventional well is located.

(3)  Require the development of an emergency response plan and file that plan with the agency, the Department of Environmental Protection and the county emergency management organization with jurisdiction over the unconventional well. The county shall disseminate the GPS address and emergency response plan to the local emergency management organization in which the unconventional well is located.

(4)  Post a reflective sign at the entrance to each unconventional well site with the specific address of that site, the coordinates for the site, the emergency contact number for the operator and such other information as the agency or the Department of Environmental Protection deems necessary.

(b)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Unconventional formation."  A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by:

(1)  hydraulic fracture treatments;

(2)  using multilateral well bores; or

(3)  other techniques to expose more of the formation of the well bore.

"Unconventional well."  A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.

35c7321v

(Feb. 2, 2012, P.L.62, No.9, eff. imd.)

 

2012 Amendment.  Act 9 added section 7321. Section 2 of Act 9 provided that regulations promulgated under section 7321 shall apply to both new and existing unconventional wells within this Commonwealth.

35c7331h

 

 

SUBCHAPTER C

INTRASTATE MUTUAL AID

 

Sec.

7331.  Purpose of subchapter.

7332.  Definitions.

7333.  Intrastate Mutual Aid Committee.

7334.  System.

7335.  Assistance.

7336.  License, certificate and permit portability.

7337.  Insurance.

7338.  Workers' compensation.

7339.  Immunity.

7340.  Effect on other agreements.

 

Enactment.  Subchapter C was added October 8, 2008, P.L.1098, No.93, effective immediately.

35c7331s

§ 7331.  Purpose of subchapter.

The purpose of this subchapter is to create a system of intrastate mutual aid between participating political subdivisions within this Commonwealth, whereby each participating political subdivision recognizes that emergencies transcend the boundaries of a political subdivision and that intergovernmental coordination is essential for the protection of lives and property and for the best use of available public and private assets. The system shall provide for mutual assistance among the participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond. The system shall provide for mutual cooperation among the participating subdivisions in conducting exercises, testing or other training activities.

35c7332s

§ 7332.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency."  The Pennsylvania Emergency Management Agency.

"Committee."  The Intrastate Mutual Aid Committee.

"Dedicated emergency response organization."  Any entity organized, chartered or incorporated in this Commonwealth or chartered by the Congress of the United States for the primary purpose of providing emergency services. The term shall include volunteer, career and combination organizations.

"Emergency responder."  An individual in the public or private sector who has special skills, qualifications, training, knowledge or experience, whether or not the person possesses a license, certificate, permit or other official recognition for the skills, qualifications, training, knowledge or experience, that would benefit a participating political subdivision in responding to an authorized mutual aid request or participating in an authorized drill or exercise. The term shall include a law enforcement officer, a firefighter, an emergency medical services worker, a physician, nurse or other public health worker, an emergency management official, a coroner or medical examiner, a State-certified hazardous materials team member, a public works worker, a building inspector, an architect, an engineer or other design professional or a person with specialized equipment operations skills or training or with any other skills needed to provide aid in a declared emergency.

"Incident."  Any event or condition which constitutes an actual or imminent threat to public health and safety, public or private property or the economic well-being of the community.

"Incident commander."  The individual responsible for all incident-related activities, including the development of strategies and tactics and the ordering and releasing of resources as provided under the National Incident Management System.

"Mutual aid."  Mutual assistance and sharing of resources among participating political subdivisions in the prevention of, response to and recovery from threats to public health and safety that are beyond the capability of an affected community to respond.

"National Incident Management System."  The National Incident Management System established by the United States Department of Homeland Security.

"Participating political subdivision."  A political subdivision that has not opted out of the intrastate mutual aid system.

"Political subdivision."  Any county, city, borough, incorporated town or township. The term shall include any council of governments established among any of the above.

"Requesting political subdivision."  A participating political subdivision that requests assistance under this subchapter.

"Responding political subdivision."  A participating political subdivision that responds to a request for assistance under this subchapter.

"System."  The intrastate mutual aid system.

35c7333s

§ 7333.  Intrastate Mutual Aid Committee.

(a)  Establishment.--There is established the Intrastate Mutual Aid Committee.

(b)  Membership.--The committee shall be comprised of the following members:

(1)  The director of the agency or a designee, who shall serve as the chairman of the committee.

(2)  The State Fire Commissioner and the Director of the Bureau of Emergency Medical Services of the Department of Health or any successor bureau or administrative unit having similar responsibilities.

(3)  Three representatives each from the career fire services, the volunteer fire services and the emergency medical services.

(4)  Three county emergency management agency directors, one from each agency area, who shall be recommended by the respective agency area directors.

(5)  One representative each from the State Chiefs of Police Association, the State Fraternal Order of Police and the Pennsylvania State Police.

(6)  One representative each from the Statewide county and municipal government associations' representative elected officials.

(7)  Three representatives from county-based 911 programs.

(8)  One representative from the Pennsylvania State Coroners Association.

(c)  Appointments.--Each member under subsection (b) shall be appointed by the director of the agency, and the appointment shall be based on recommendations from the organizations and associations represented. The county-based 911 members shall be selected from recommendations made by the three agency area directors.

(d)  Terms of office.--Members shall serve a term of two years and may be appointed for subsequent terms.

(e)  Duties of committee.--The committee shall do all of the following:

(1)  Hold at least one meeting each year to review the progress and status of the intrastate mutual aid system.

(2)  Provide participating political subdivisions with a method to track and evaluate the system.

(3)  Examine issues facing participating political subdivisions and emergency responders regarding the implementation of this subchapter.

(4)  Prepare an annual report on the condition and effectiveness of mutual aid in this Commonwealth, which shall be submitted to the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. This report may contain recommendations for correcting any deficiencies within the system.

(5)  Develop all of the following:

(i)  Comprehensive guidelines and procedures that address all of the following:

(A)  Projected or anticipated costs potentially incurred by a participating political subdivision.

(B)  Recordkeeping for participating political subdivisions.

(C)  Reimbursement procedures and other necessary implementation elements.

(D)  Any other procedures that the committee deems necessary.

(ii)  Checklists for requesting and providing assistance.

(iii)  Forms for requests and other records to document the deployment and return of assets.

35c7334s

§ 7334.  System.

(a)  Establishment.--An intrastate mutual aid system is established for the purpose of providing mutual aid within this Commonwealth.

(b)  Participation.--

(1)  All political subdivisions within this Commonwealth shall be a part of the system unless the political subdivision elects not to participate by enacting a resolution declaring their desire not to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(2)  All political subdivisions within this Commonwealth shall consult with fire and emergency medical services providers to discuss the emergency services needs of the political subdivision.

(3)  Any political subdivision that elects not to participate in the system, as provided under subsection (a), may at a later date elect to participate in the system by enacting a resolution declaring its desire to participate and by submitting a copy of the resolution to the agency and to its county emergency management agency.

(4)  Participation by a political subdivision in the system of intrastate mutual aid established by this subchapter shall not be subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(c)  Responsibilities.--It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that political subdivision to do all of the following:

(1)  Identify potential hazards that could affect the participating political subdivision using an identification system as developed by the committee common to all participating political subdivisions.

(2)  Conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions.

(3)  Conduct joint training with contiguous participating political subdivisions at least biennially.

(4)  Identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivisions in accordance with the National Incident Management System Integration Center resource management guidance.

(5)  Adopt and implement the standardized incident management system approved by the agency.

(6)  Adopt and implement the National Incident Management System requirements established by the United States Department of Homeland Security.

35c7335s

§ 7335.  Assistance.

(a)  Requests.--A participating political subdivision may request assistance of other participating political subdivisions or their designated emergency response organizations. All requests for assistance shall be initiated from the incident commander or authorized designee at an incident location, the county 911 center or the county emergency manager where the incident occurs. All intrastate mutual aid requests for assistance shall be made to the county 911 center or county emergency management coordinator or authorized designee in the responding county. Intrastate mutual aid requests for assistance may also be made through the agency. A written request shall be submitted after a verbal request is made as soon as practicable or within the number of days that the agency, in its discretion, may determine.

(b)  Response to requests.--A participating political subdivision's obligation to provide assistance in the prevention of, response to and recovery from an incident or in authorized drills or exercises shall be subject to all of the following conditions:

(1)  A responding political subdivision may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction.

(2)  Emergency response personnel of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction, including medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the requesting political subdivision.

(3)  Assets and equipment of a responding political subdivision shall remain under the administrative and policy procedures and control of their respective jurisdiction but shall be under the control of the appropriate officials within the incident management system of the requesting political subdivision.

(4)  The incident commander shall have overall authority and responsibility for conducting incident operations and shall be responsible for the management of all incident operations at the incident site.

(c)  Reimbursement.--A requesting political subdivision shall reimburse the responding political subdivision in accordance with procedures established by the committee. A responding political subdivision may donate assets of any kind to a participating political subdivision. If a dispute arises regarding reimbursement, involved parties shall make every effort to resolve the dispute within 30 days of written notice of the dispute by the party asserting noncompliance. In the event that the dispute is not resolved within 90 days of the notice of the claim, either party may request the dispute be resolved through arbitration. Any arbitration requested under this subsection shall be conducted under the commercial arbitration rules of the American Arbitration Association.

(d)  Exceptions.--The provisions of this section shall not apply to specific mutual aid agreements which exist on the effective date of this section and which were made between political subdivisions and emergency response organizations to cover response to routine incidents.

35c7336s

§ 7336.  License, certificate and permit portability.

If a person holds a license, certificate or other permit issued by a participating political subdivision or the Commonwealth evidencing qualification in a professional, mechanical or other skill and the assistance of that person or entity is requested by a participating political subdivision, the person shall be deemed to be licensed, certified or permitted in the political subdivision requesting assistance for the duration of the incident response or authorized drills or exercises and subject to any limitations and conditions the chief executive of the participating political subdivision receiving the assistance may prescribe by executive order or otherwise.

35c7337s

§ 7337.  Insurance.

A responding political subdivision shall ensure that adequate insurance protection is in effect covering all vehicles and equipment used in response to an intrastate mutual aid request. Personnel of the responding political subdivision shall maintain direct and overall control of all vehicles and equipment utilized in an intrastate mutual aid response and shall ensure that vehicles and equipment are used within intended design specifications.

35c7338s

§ 7338.  Workers' compensation.

Notwithstanding any other provision of law, a responding political subdivision shall provide appropriate workers' compensation insurance protection for municipal employees and volunteers representing the responding political subdivision when responding to a request under this system. Personnel of a responding political subdivision who sustain injury or death in the course of and arising out of their employment shall be entitled to all applicable benefits normally available to personnel while performing their duties for their employer. Responders shall receive any additional Federal and State benefits that may be available to them for line-of-duty deaths.

35c7339s

§ 7339.  Immunity.

All activities performed under the intrastate mutual aid system are deemed to be governmental functions. For the purposes of liability, all persons responding under the operational control of the requesting political subdivision shall be deemed to be employees of the requesting participating political subdivision. Except in cases of willful misconduct, gross negligence or bad faith, neither the participating political subdivisions nor their employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the system. This subchapter shall provide no immunity, rights or privileges for any individual responding to an incident where the response has not been requested by a participating political subdivision.

35c7340s

§ 7340.  Effect on other agreements.

Nothing in this subchapter shall preclude participating political subdivisions from entering into supplementary agreements with another political subdivision. Nothing in this subchapter shall affect any other agreement to which a political subdivision may, on the effective date of this section, be a party.

35c7351h

 

 

SUBCHAPTER D

STATE FIREMEN'S TRAINING SCHOOL

 

Sec.

7351.  Establishment, purpose and name.

7352.  Supervision and control.

7353.  Powers and duties.

7354.  Persons admitted.

7355.  Application for admission.

7356.  Acquisition of site.

7357.  Conveyance of land and plans for buildings and structures.

7358.  Leasing by Commonwealth.

 

Enactment.  Subchapter D was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Special Provisions in Appendix.  See section 7(b.1)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter D is referred to in section 7384 of this title.

35c7351s

§ 7351.  Establishment, purpose and name.

In order to enable the Department of Education more effectively to train firefighters under the program of the Public Service Institute Board established by the department under its vocational education program, there is hereby established a training school for firefighters for practical training in the control and extinguishment of fires. The training school shall be known as the Pennsylvania State Firemen's Training School.

35c7352s

§ 7352.  Supervision and control.

The management of the school and the control and care of the buildings and grounds owned and used by the Commonwealth for the school and the conduct of instruction at the school shall be under the direct supervision and control of the Department of Education.

35c7353s

§ 7353.  Powers and duties.

The Department of Education and the Public Service Institute Board shall have the power and their duty shall be:

(1)  To fix the salaries of the employees of the school in conformity with the standards established by the Executive Board.

(2)  To make rules and regulations for the government and management of the school and the admission of firefighters from the various political subdivisions to the school.

(3)  To prescribe the courses of study and the practical training in connection therewith.

(4)  To accept on behalf of the Commonwealth donations of land or equipment for the use of the school.

35c7354s

§ 7354.  Persons admitted.

All firefighters who are regularly employed by any local political subdivision of this Commonwealth and all regularly enrolled members of volunteer fire companies shall be eligible for admission to the school and shall be chosen by the governing authority of each political subdivision. The Public Service Institute Board shall apportion the number admitted to the school so that each county is represented in the ratio that the number of firefighters in each county bears to the total number of firefighters in this Commonwealth.

35c7355s

§ 7355.  Application for admission.

Application for admission shall be made to the Public Service Institute Board by the political subdivisions in the manner prescribed by the board.

35c7356s

§ 7356.  Acquisition of site.

The Secretary of Education, with the approval of the Governor, may accept a gift of land suitable as a site for the school or, if no gift of a suitable site is offered, the secretary shall, with the approval of the Governor, select for acquisition by the Department of General Services in the name of the Commonwealth a tract of land located in or adjacent to the borough of Lewistown for the erection, construction, furnishing and equipping thereon by the Department of General Services of the Pennsylvania State Firemen's Training School. The title to the lands so acquired, whether by gift or otherwise, shall be approved by the Attorney General. If it shall be found that the Commonwealth owns State lands suitable in whole or in part for such use, the lands may be designated by the Department of Education, with the approval of the Governor and the department, board or commission having possession and control of the lands, and used for such purpose. Any additional lands necessary may be selected and acquired as herein provided.

35c7357s

§ 7357.  Conveyance of land and plans for buildings and structures.

Upon the acquisition of any land in the name of the Commonwealth or designation of any land of the Commonwealth, the Department of General Services shall have the authority to erect or construct and furnish and equip thereon the buildings and other structures necessary for the Pennsylvania State Firemen's Training School. The plans and specifications of the school, whether erected on land acquired directly by the Department of General Services or by conveyance to it from the Commonwealth, shall be subject to the approval of the Department of Education and shall provide for suitable buildings and other necessary equipment, structures and improvements.

35c7358s

§ 7358.  Leasing by Commonwealth.

The Department of General Services, with the approval of the Governor, is authorized to enter into a lease for not more than 99 years to acquire the use of the buildings and structures and any lands connected therewith and the furnishings and equipment thereof for the purpose of having the same managed and operated by the Department of Education.

35c7361h

 

 

SUBCHAPTER E

VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE

AND RESCUE SQUAD ASSISTANCE

 

Sec.

7361.  Scope of subchapter.

7362.  Legislative findings and declaration of purpose.

7363.  Definitions.

7364.  Assistance to volunteer fire companies, ambulance services and rescue squads.

7365.  Volunteer Companies Loan Fund.

7366.  Powers and duties of office.

7367.  Authority to borrow.

7368.  Bonds, issue, maturity and interest.

7369.  Sale of bonds.

7370.  Refunding bonds.

7371.  Disposition and use of proceeds.

7372.  Registration of bonds.

7373.  Information to General Assembly.

7374.  Volunteer Company Loan Sinking Fund and investments.

7375.  Expenses of preparation, issue and sale of bonds.

7376.  Repayment obligations for principal and interest.

7377.  Quorum.

7378.  Temporary financing authorization.

7378.1. Referendum for additional indebtedness.

7378.2. Authorization of contracts, reimbursement procedure and amount.

7378.3. Reimbursement procedure and amount.

 

Enactment.  Subchapter E was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Special Provisions in Appendix.  See section 7(b.1)(8) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter E is referred to in sections 7362, 7363, 7364, 7365, 7366, 7367, 7368, 7369, 7370, 7371, 7373, 7374, 7375, 7377, 7378, 7378.1, 7378.3, 7385, 7814 of this title.

35c7361s

§ 7361.  Scope of subchapter.

This subchapter relates to volunteer fire company, ambulance service and rescue squad assistance.

35c7362s

§ 7362.  Legislative findings and declaration of purpose.

(a)  Findings.--The General Assembly finds that:

(1)  Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, the voters of the Commonwealth approved by referenda on November 4, 1975, the incurring of indebtedness of $10,000,000 and on November 3, 1981, approved the incurring of an additional $15,000,000 of indebtedness and on November 6, 1990, approved the incurring of an additional $25,000,000 of indebtedness for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles and for purchasing new firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties.

(2)  Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, on November 5, 2002, the voters of this Commonwealth approved by referendum the incurring of indebtedness for the establishment of a program that utilizes capital and other related methods to enhance and improve the delivery of volunteer fire and volunteer emergency services in this Commonwealth. The General Assembly further finds that the use of up to $50,000,000 of such indebtedness to expand the existing program providing for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads as authorized under this subchapter is an appropriate use of such indebtedness.

(b)  Purpose.--It is the purpose of this subchapter to implement section 5 of the act of September 25, 1975 (P.L.296, No.95), entitled "An act authorizing the indebtedness, with the approval of the electors, of ten million dollars for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house fire fighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing new fire fighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," section 5 of the act of June 30, 1981 (P.L.138, No.44), entitled "An act authorizing the indebtedness, with the approval of the electors, of $15,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," and section 7378.1(5) (relating to referendum for additional indebtedness), as well as to implement in part section 31.3 of the act of June 29, 2002 (P.L.559, No.89), entitled "An act amending the act of March 4, 1971 (P.L.6, No.2), entitled 'An act relating to tax reform and State taxation by codifying and enumerating certain subjects of taxation and imposing taxes thereon; providing procedures for the payment, collection, administration and enforcement thereof; providing for tax credits in certain cases; conferring powers and imposing duties upon the Department of Revenue, certain employers, fiduciaries, individuals, persons, corporations and other entities; prescribing crimes, offenses and penalties,' further providing, in sales and use tax, for definitions, for imposition, for exclusions, for licenses, for collection, for bulk and auction sales and for crimes; providing, in local tax situs, for situs of mobile telecommunications services; further providing, in personal income tax, for definitions, for classes of income, for special tax provisions for poverty, for contributions, for bulk and auction sales and transfers; in corporate net income tax, for definitions, for imposition and for interest in unincorporated entities; and in capital stock and franchise tax, for definitions, for imposition, for deposit of proceeds, for interest in unincorporated entities and for applicability and expiration; establishing revenue-neutral reconciliation in utilities gross receipts tax; providing, in public utility realty tax and for surcharge; further providing, in realty transfer tax, for furnishing stamps; in cigarette tax, for incidence and rate, for floor tax, for commissions on sales and for disposition of certain funds; in research and development tax credit, for time limitations and for termination; in inheritance tax, for definitions, for transfers not subject to tax and for estate tax and for estate tax returns; providing for immediate assessment, settlement or collection and for depreciation of certain property in cities of the first class; and making repeals," by providing for loans to volunteer fire, ambulance and rescue companies to protect the lives and property of the citizens of this Commonwealth pursuant to and to execute the above favorable referenda in subsection (a). The General Assembly has determined that volunteer fire companies are most in need of loans and therefore intends that, to the extent possible, a significant portion of the Volunteer Companies Loan Fund be used to provide loans to volunteer fire companies and that the balance be allocated to provide loans to volunteer ambulance and volunteer rescue companies. The General Assembly intends that the loans provided under this subchapter be used to replace outmoded or unsafe equipment and buildings of volunteer companies and that the loans be provided to volunteer companies which are experiencing a need for equipment or facilities to meet an increasing demand for a higher level of service in the communities which they serve.

35c7363s

§ 7363.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accessory equipment."  Firefighting, ambulance and rescue equipment necessary to carry out the ordinary functions of supporting fires, life and rescue activities.

"Agency."  (Deleted by amendment).

"Apparatus equipment."  Elevated equipment, pumpers, tankers, ladder trucks, utility or special service vehicles, ambulances, rescue vehicles or other large equipment used for firefighting and emergency services.

"Commissioner."  The State Fire Commissioner.

"Communications equipment."  Any voice or original transmission system required to support the operation of the volunteer fire company, volunteer ambulance service and volunteer rescue squad.

"Establishing."  In the context of establishing or modernizing facilities, the term means both the construction of new buildings and the acquisition or renovation of existing structures.

"Facilities."  Facilities used to house firefighting equipment, ambulances and rescue vehicles. The term shall not include meeting halls, social rooms or any other facilities not directly related to firefighting.

"National Fire Protection Association (NFPA) standards."  Apparatus and equipment, including personal protective equipment, shall be deemed to meet the requirements of compliance with the applicable standards of the National Fire Protection Association (NFPA), except that:

(1)  New apparatus shall be constructed to meet or exceed the standards in effect at the time of manufacture.

(2)  Used firefighting apparatus shall:

(i)  in no instance meet lesser requirements than the standards for apparatus adopted by the National Fire Protection Association in 1991; and

(ii)  beginning June 25, 1999, meet the National Fire Protection Association standards for apparatus in effect at the time of original manufacture, except that no loans shall be considered or made for apparatus that cannot meet the National Fire Protection Association standards in effect no more than 12 years prior to the date of the application for loan financing.

(3)  New equipment shall meet or exceed the standards in effect at the time of original manufacture.

(4)  Used equipment shall meet or exceed the standards in effect at the time of original manufacture, except that no loans for used equipment shall be considered or made for equipment more than five years old at the time of application for loan assistance.

(5)  In every instance, used equipment and apparatus shall meet the applicable National Fire Protection Association standards at the time that the loan funds are advanced.

"Office."  The Office of the State Fire Commissioner.

"Protective equipment."  Any equipment used by firefighters, volunteer ambulance service personnel or volunteer rescue service personnel to protect their person from injury while performing their functions, including, but not limited to, helmets, turnout coats and pants, boots, eyeshields, gloves and self-contained respiratory protection units.

"Rescue vehicle."  Any vehicle, whether a motor vehicle or a watercraft, used for rescue services.

"Utility or special service vehicle."  A vehicle carrying accessory equipment, including, but not limited to, ladders, oxygen equipment, generators and adaptors, floodlights, smoke ejectors and other equipment necessary to perform the ordinary functions of supporting firefighting activities.

"Volunteer ambulance service."  Any nonprofit chartered corporation, association or organization located in this Commonwealth and which is regularly engaged in the service of providing emergency medical care and transportation of patients.

"Volunteer fire company."  Any nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection services and other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.

"Volunteer rescue service."  Any nonprofit chartered corporation, association or organization located in this Commonwealth which provides rescue services in this Commonwealth.

"Volunteer Companies Loan Fund."  The fund established under  section 7365 (relating to Volunteer Companies Loan Fund).

35c7363v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days)

 

2013 Amendment.  Act 129 added the defs. of "commissioner" and "office" and deleted the def. of "agency."

35c7364s

§ 7364.  Assistance to volunteer fire companies, ambulance service and rescue squads.

(a)  General rule.--The office is authorized, upon application of any volunteer fire company, volunteer ambulance service or volunteer rescue squad, to make loans for the following purposes:

(1)  Establishing or modernizing facilities that house firefighting equipment, ambulance or rescue vehicles. The amount of a loan for establishing or modernizing facilities made to any one volunteer fire company, ambulance service or rescue squad shall not exceed 50% of the total cost of the facilities or modernization or $400,000, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the facilities in unobligated funds. Proceeds of the loan shall be used only for purposes of structure or land acquisition or renovation or construction and shall not be used for payment of fees for design, planning, preparation of applications or any other cost not directly attributable to structure or land acquisition or renovation or construction.

(2)  Purchasing firefighting apparatus, ambulances or rescue vehicles. The amount of a loan made for purchasing firefighting apparatus to any one volunteer fire company shall not exceed $200,000 for any single firefighting apparatus equipment or utility or special service vehicle or heavy duty rescue vehicle as defined by regulation or guideline, or 50% of the total cost of the equipment or vehicle, whichever is less, except for loans for aerial apparatus as defined by regulation or guideline, which shall not exceed $300,000. The amount of a loan made to any one volunteer fire company, ambulance service or rescue squad for any ambulance or light duty rescue vehicle as defined by regulation or guideline shall not exceed $100,000 and for a watercraft rescue vehicle shall not exceed $30,000 or 50% of the cost of the ambulance or rescue vehicle, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the vehicle in unobligated funds.

(3)  Purchasing protective, accessory or communication equipment. No volunteer fire company, ambulance service or rescue squad shall receive a loan for protective, accessory or communicative equipment more than once in any five-year period. Each volunteer fire company, ambulance service or rescue squad may apply for a loan for a mobile and portable radio unit for each existing serviceable apparatus equipment, ambulance or rescue vehicle. Radio equipment obtained through loans under this subchapter shall be equipped with a frequency or frequencies licensed by the Federal Communications Commission for firefighting or emergency response purposes. A notarized financial statement shall be filed and loans under this subchapter for the purchase of protective, accessory or communicative equipment shall not exceed $20,000.

(4)  Refinancing debt incurred or contracts entered into after November 4, 1975, and used for the purchase of apparatus equipment or for the construction or modernization of facilities or for modification of apparatus equipment in order to comply with National Fire Protection Association standards.

(5)  Repair or rehabilitation of apparatus equipment. Where it has been determined that existing apparatus equipment no longer meets the standards of the National Fire Protection Association and the repair or rehabilitation of such equipment will bring it in compliance with National Fire Protection Association standards, loans for the repair or rehabilitation for a single apparatus equipment shall be for at least $2,000 but shall not exceed the lesser of $70,000 or 80% of the total cost of repair or rehabilitation.

(6)  Purchasing of used firefighting apparatus, equipment, used ambulances, used rescue vehicles, used communications equipment, used accessory equipment or used protective equipment, except that the used vehicles and equipment shall meet the National Fire Protection Association (NFPA) standards and loans for the purchase of a used single apparatus equipment shall not exceed $120,000 or 80% of the total cost of the equipment, whichever is less.

(7)  Purchasing Pennsylvania Fire Information Reporting System (PennFIRS) hardware and software. A volunteer fire company shall be eligible to apply one time only for a loan of not more than $4,000 or 75% of the cost of such acquisition, whichever is less, and with a term not exceeding five years for the purpose of acquiring the hardware and software necessary to participate in the Pennsylvania Fire Information Reporting System. The office shall develop, at its discretion, such procedures and forms as it may deem necessary to facilitate loans for PennFIRS hardware and software. The loans shall be secured as required by law.

(a.1)  Limitation.--Loans under this subchapter may be made for any of the purposes of subsection (a) undertaken by a volunteer fire company, volunteer ambulance service and volunteer rescue squad on or after November 4, 1975.

(b)  Loans.--Loans made by the office in the amount of $30,000 or less shall be for a period of not more than ten years. Loans in excess of $30,000 but not in excess of $100,000 shall be for a period of not more than 15 years. The payback period of any loan in excess of $100,000, except a loan for establishing or modernizing facilities, shall not exceed 20 years. The payback period for any loan in excess of $200,000 for establishing or modernizing facilities shall not exceed 20 years. Loans shall be subject to the payment of interest at 2% per year and shall be subject to such security as shall be determined by the commissioner. The total amount of interest earned by the investment or reinvestment of all or any part of the principal of any loan shall be returned to the office and transferred to the Volunteer Companies Loan Fund and shall not be credited as payment of principal or interest on the loan. Except as provided in subsection (a)(5) and (7), the minimum amount of any loan shall be $10,000.

(c)  Applications.--Every application for a loan shall be accompanied by a notarized financial statement of the volunteer fire company, ambulance service or rescue squad and a financial plan to show the amount of assets and projected revenues for the repayment of the loan, any other obligations of the volunteer company and operating expenses over the period of the loan. Every application shall be accompanied by evidence sufficient to show that all costs except the amount of the loan have been obtained by assets of the volunteer company and other loans or sources of revenue. If a volunteer fire company, ambulance service or rescue squad is unable to meet the 20% requirement of subsection (a), then a political subdivision which is served by the volunteer company may pledge its credit in the amount of funds necessary to satisfy the 20% requirement and, if it does so, shall cosign the application submitted by the volunteer company.

(d)  Use.--Loans shall be used for the acquisition by volunteer companies of new or used apparatus equipment, new or used ambulances, new or used rescue vehicles, new or used communications equipment, new or used accessory equipment or new or used protective equipment or for the acquisition and renovation of existing structures to house firefighting equipment, ambulance or rescue vehicles or for the construction or modernization of facilities and, except as provided in subsection (a)(4), shall not be used for operating expenses or for the refinancing of renovated structures, refinancing of construction or modernization of facilities, apparatus equipment, communication equipment, accessory equipment, nor, except as provided in subsection (a)(4), shall be made or used to reduce any debt or other obligations issued prior to the effective date of this subchapter.

(e)  Payment.--Loans made by the office shall be paid from the Volunteer Companies Loan Fund to the volunteer fire companies, ambulance services and rescue squads in accordance with guidelines and procedures developed by the office.

(f)  Deposit.--All payments of interest on the loans and the principal thereof shall be deposited by the office in the Volunteer Companies Loan Fund.

(g)  Eligibility.--A volunteer fire company, ambulance service and rescue squad shall be eligible for a loan regardless of legal ownership in whole or in part by any political subdivision of any facilities or apparatus equipment used by the volunteer fire company, volunteer ambulance and volunteer rescue squad. Any equipment or facilities financed may be transferred to a political subdivision served by the volunteer fire company, volunteer ambulance service or volunteer rescue squad subject to such security as shall be determined by the commissioner.

(h)  Maximum amount.--Notwithstanding any other provision of this section to the contrary, the maximum amount of any loan to a volunteer fire company, volunteer ambulance service and volunteer rescue squad for the purchase of firefighting apparatus, ambulances or rescue vehicles manufactured or assembled in this Commonwealth, may exceed the loan limits set forth in this section by $20,000.

(i)  Aggregation of loans.--

(1)  Subject to paragraph (2), a fire company, volunteer rescue service or volunteer ambulance service shall not be eligible for more than three loans at one time.

(2)  If more than one fire company, volunteer rescue service or volunteer ambulance service merge or consolidate into a single entity, as determined by the commissioner, the entity shall be eligible for not more than ten loans at one time for a period of ten years from the date of the merger or consolidation.

35c7364v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days)

 

2013 Amendment.  Act 129 amended subsecs. (a) intro. par., (1), (2), (3), (5), (6) and (7), (b), (e), (f), (g) and (h) and added subsec. (i).

35c7365s

§ 7365.  Volunteer Companies Loan Fund.

(a)  General rule.--There is created a special fund in the Treasury Department to be known as the Volunteer Companies Loan Fund to which shall be credited all appropriations made by the General Assembly other than appropriations for expenses of administering this subchapter or grants from other sources to the office as well as repayment of principal and interest on loans made under this subchapter.

(b)  Requisition.--Upon approval of the loan, the commissioner shall routinely requisition from the Volunteer Companies Loan Fund such amounts as shall be allocated by the office for loans to volunteer companies. When and as the amounts so allocated as loans to volunteer companies are repaid pursuant to the terms of the agreements made and entered into with the office, the office shall pay such amounts into the Volunteer Companies Loan Fund, it being the intent of this subchapter that the Volunteer Companies Loan Fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied to the purposes of this subchapter.

(c)  Administration.--Each fiscal year, the State Fire Commissioner may use an amount up to $250,000 from the Volunteer Companies Loan Fund for the administrative cost of implementing the loan program under this subchapter.

35c7365v

(June 29, 2012, P.L.663, No.78, eff. imd.; Dec. 23, 2013, P.L.1256, No.129, eff. 60 days)

 

2013 Amendment.  Act 129 amended subsecs. (a) and (b).

2012 Amendment.  Act 78 added subsec. (c).

Cross References.  Section 7365 is referred to in sections 7363, 7376 of this title.

35c7366s

§ 7366.  Powers and duties of office.

(a)  Mandatory.--The office has the following duties:

(1)  To appoint agents and employees necessary to the administration of this subchapter and to prescribe their duties and to fix their compensation within the limitations provided by law.

(2)  To accept grants from the Federal Government and any other individual, agency or government for use in the Volunteer Companies Loan Fund.

(3)  To loan money over a term of years, but in no case in excess of 20 years.

(3.1)  To establish criteria to determine need for firefighting apparatus, ambulances and rescue vehicles and to establish guidelines and procedures for volunteer companies to show just cause to determine that need.

(4)  To promulgate regulations and develop guidelines and procedures as it deems necessary to carry out its powers and duties under this subchapter.

(b)  Discretionary.--The office has the following powers:

(1)  To require security for all loans.

(2)  To specify priority of liens against any facilities, apparatus equipment, ambulances, rescue vehicles or any equipment purchased by volunteer companies using funds loaned under this subchapter to pay all or any part of the purchase price, as the office may require by established guidelines and procedures. The commissioner may specify the type of liens or collateral authorized as security under this paragraph.

(3)  To reject a loan application based on the criteria established under subsection (a).

35c7366v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days)

 

2013 Amendment.  Act 129 amended the section heading and subsecs. (a) intro. par. and (4) and (b) intro. par. and (2) and added subsecs. (a)(3.1) and (b)(3).

35c7367s

§ 7367.  Authority to borrow.

Under the provisions of section 7(a)(3) of Article VIII of the Constitution of Pennsylvania and the referenda approved by the electorate on November 4, 1975, November 3, 1981, November 6, 1990, and November 5, 2002, the Governor, Auditor General and State Treasurer are authorized and directed to borrow, on the credit of the Commonwealth, money not exceeding in the aggregate the sum of $100,000,000 to implement this subchapter, the act of September 25, 1975 (P.L.296, No.95), entitled "An act authorizing the indebtedness, with the approval of the electors, of ten million dollars for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house fire fighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing new fire fighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," and the act of June 30, 1981 (P.L.138, No.44), entitled "An act authorizing the indebtedness, with the approval of the electors, of $15,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances, and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances, and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties," as well as to implement in part section 31.3 of the act of June 29, 2002 (P.L.559, No.89), entitled "An act amending the act of March 4, 1971 (P.L.6, No.2), entitled 'An act relating to tax reform and State taxation by codifying and enumerating certain subjects of taxation and imposing taxes thereon; providing procedures for the payment, collection, administration and enforcement thereof; providing for tax credits in certain cases; conferring powers and imposing duties upon the Department of Revenue, certain employers, fiduciaries, individuals, persons, corporations and other entities; prescribing crimes, offenses and penalties,' further providing, in sales and use tax, for definitions, for imposition, for exclusions, for licenses, for collection, for bulk and auction sales and for crimes; providing, in local tax situs, for situs of mobile telecommunications services; further providing, in personal income tax, for definitions, for classes of income, for special tax provisions for poverty, for contributions, for bulk and auction sales and transfers; in corporate net income tax, for definitions, for imposition and for interest in unincorporated entities; and in capital stock and franchise tax, for definitions, for imposition, for deposit of proceeds, for interest in unincorporated entities and for applicability and expiration; establishing revenue-neutral reconciliation in utilities gross receipts tax; providing, in public utility realty tax and for surcharge; further providing, in realty transfer tax, for furnishing stamps; in cigarette tax, for incidence and rate, for floor tax, for commissions on sales and for disposition of certain funds; in research and development tax credit, for time limitations and for termination; in inheritance tax, for definitions, for transfers not subject to tax and for estate tax and for estate tax returns; providing for immediate assessment, settlement or collection and for depreciation of certain property in cities of the first class; and making repeals."

35c7368s

§ 7368.  Bonds, issue, maturity and interest.

(a)  General rule.--As evidence of the indebtedness authorized by this subchapter, general obligation bonds of the Commonwealth shall be issued from time to time for such total amounts, in such form, in such denominations and subject to such terms and conditions of issue, redemption and maturity, rate or rates of interest and time of payment of interest, as the Governor, Auditor General and State Treasurer shall direct, except that the latest stated maturity date shall not exceed 30 years from the date of the bond first issued for each series.

(b)  Facsimile signatures.--All bonds issued under the authority of this subchapter shall bear facsimile signatures of the Governor, Auditor General and State Treasurer and a facsimile of the Great Seal of the Commonwealth and shall be countersigned by two duly authorized officers of the duly authorized loan and transfer agents of the Commonwealth.

(c)  Direct obligations.--All bonds issued in accordance with this subchapter shall be direct obligations of the Commonwealth, and the full faith and credit of the Commonwealth are hereby pledged for the payment of the interest thereon as the same shall become due and the payment of the principal thereof at maturity. All bonds issued under this subchapter shall be exempt from taxation for State and local purposes. The principal of and interest on such bonds shall be payable in lawful money of the United States.

(d)  Types of bonds.--Bonds may be issued as coupon bonds or registered as to both principal and interest as the issuing officials may determine. If interest coupons are attached, they shall contain the facsimile signature of the State Treasurer.

(e)  Authorization.--The issuing officials shall provide for the amortization of the bonds in substantial and regular amounts over the term of the debt, except that the first retirement of principal shall be stated to mature prior to the expiration of a period of time equal to one-tenth of the time from the date of the first obligation issue to evidence such debt to the date of the expiration of the term of the debt. Retirements of principal shall be regular and substantial if made in annual or semiannual amounts whether by stated serial maturities or by mandatory sinking fund retirements computed in accordance with either a level annual debt service plan, as nearly as may be, or upon the equal annual maturities plan.

(f)  Preparation and printing.--The Governor, the Auditor General and the State Treasurer shall have the necessary bonds prepared and printed. Upon preparation and printing, the bonds immediately shall be deposited with the duly authorized loan and transfer agent of the Commonwealth and shall remain in the agent's possession until sold in accordance with this subchapter.

35c7369s

§ 7369.  Sale of bonds.

(a)  General rule.--Bonds shall be offered for sale at not less than 98% of the principal amount and accrued interest and shall be sold by the Governor, the Auditor General and State Treasurer to the highest and best bidder or bidders after due public advertisement, on such terms and conditions and upon such open competitive bidding, as the Governor, Auditor General and State Treasurer shall direct. The manner and character of advertisement and the times of advertising shall be prescribed by the Governor, the Auditor General and the State Treasurer.

(b)  Private sale.--Any portion of any bond issue so offered and not sold or subscribed for may be disposed of by private sale by the Governor, the Auditor General and the State Treasurer in such manner and at such prices, not less than 98% of the principal amount and accrued interest, as the Governor shall direct. No commission shall be allowed or paid for the sale of any bonds issued under the authority of this subchapter.

(c)  Series.--When bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the issuing officials or may be combined for sale as one series with other general obligation bonds of the Commonwealth.

35c7370s

§ 7370.  Refunding bonds.

The Governor, Auditor General and the State Treasurer are authorized to provide, by resolution, for the issuance of refunding bonds for the purpose of refunding any bonds issued under this subchapter and then outstanding, either by voluntary exchange with the holders of the outstanding bonds or by providing funds to redeem and retire such outstanding bonds with accrued interest and any premium payable thereon, at maturity or at any call date. The issuance of such refunding bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of the Governor, Auditor General and the State Treasurer in respect to the same shall be governed by this subchapter, insofar as this subchapter may be applicable. Refunding bonds may be issued by the Governor, Auditor General and the State Treasurer to refund bonds originally issued or to refund bonds previously issued for refunding purposes.

35c7371s

§ 7371.  Disposition and use of proceeds.

(a)  General rule.--The proceeds realized from the sale of bonds under this subchapter shall be paid into the Volunteer Companies Loan Fund and are specifically dedicated to the purposes of the referenda of November 4, 1975, November 3, 1981, November 6, 1990, and November 5, 2002, as implemented by this subchapter. The moneys shall be paid by the State Treasurer periodically to those agencies or authorities authorized to expend the moneys at such times and in such amounts as may be necessary to satisfy the funding needs of the agency or authority.

(b)  Investing.--Pending their application to the purposes authorized, moneys held or deposited by the State Treasurer may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of such funds shall be paid into the State treasury to the credit of the Volunteer Companies Loan Fund.

35c7372s

§ 7372.  Registration of bonds.

The Auditor General shall prepare the necessary registry book to be kept in the office of the duly authorized loan and transfer agent of the Commonwealth for the registration of any bonds, at the request of owners thereof, according to the terms and conditions of issue directed by the Governor, the Auditor General and the State Treasurer. All bonds which are issued without interest coupons attached shall be registered in the registry books kept by the duly authorized loan and transfer agent of the Commonwealth.

35c7373s

§ 7373.  Information to General Assembly.

It shall be the duty of the Governor to include in every budget submitted to the General Assembly full information relating to the issuance of bonds under this subchapter and the status of the sinking fund of the Commonwealth for the payment of the interest on said bonds and the principal thereof at maturity.

35c7374s

§ 7374.  Volunteer Company Loan Sinking Fund and investments.

All bonds issued under this subchapter shall be redeemed at maturity and all interest due from time to time on such bonds shall be paid from the Volunteer Company Loan Sinking Fund, which is hereby created. For the specific purpose of redeeming bonds issued under this subchapter at maturity and paying all interest thereon in accordance with the information received from the Governor, the General Assembly shall appropriate moneys to the Volunteer Company Loan Sinking Fund for the payment of interest on such bonds and the principal thereof at maturity. All moneys paid into the Volunteer Company Loan Sinking Fund and all of such moneys not necessary to pay accruing interest shall be invested by the Board of Finance and Revenue in such securities as are provided by law for the investment of the sinking funds of the Commonwealth.

35c7375s

§ 7375.  Expenses of preparation, issue and sale of bonds.

There is appropriated to the State Treasurer from the proceeds of the bonds issued as much moneys as may be necessary for all costs and expenses in connection with the issue of and sale and registration of the bonds in connection with this subchapter.

35c7376s

§ 7376.  Repayment obligations for principal and interest.

The General Assembly shall appropriate an amount equal to moneys received from the office under section 7365 (relating to Volunteer Companies Loan Fund) and such other moneys as may be necessary to meet repayment obligations for principal and interest into the Volunteer Company Loan Sinking Fund.

35c7376v

(Dec. 23, 2013, P.L.1256, No.129, eff. 60 days)

35c7377s

§ 7377.  Quorum.

Whenever under this subchapter an action is to be taken or a decision is to be made by the Governor, the Auditor General and the State Treasurer, and the three officers shall not be able to agree unanimously, the action or decision of the Governor and either the Auditor General or State Treasurer shall be binding and final.

35c7378s

§ 7378.  Temporary financing authorization.

(a)  General rule.--Pending the issuance of bonds of the Commonwealth, the Governor, Auditor General and State Treasurer are authorized on the credit of the Commonwealth to make temporary borrowings of such moneys as may from time to time be necessary to carry out the purposes of this subchapter and are authorized in the name and on behalf of the Commonwealth to enter into loan or credit agreements with any banks or trust companies or other lending institutions or persons in the United States having power to enter into the same.

(b)  Notes.--All temporary borrowings made under the authority of this section shall be evidenced by notes of the Commonwealth, which shall be issued from time to time for such amounts not exceeding in the aggregate the sum of $100,000,000 in such form and in such denominations, and subject to such terms and conditions of issue, prepayment or redemption and maturity, rate of interest and time of payment of interest, as the issuing officials shall direct. All notes issued under the authority of this section shall bear the facsimile signatures of the issuing officials and a facsimile of the Great Seal of the Commonwealth and shall be countersigned by one duly authorized officer of a duly authorized loan and transfer agent of the Commonwealth.

(c)  Funding of notes.--All such notes shall be funded and retired by the issuance and sale of bonds of the Commonwealth to the extent that payment of such notes has not otherwise been made or provided for.

(d)  Proceeds.--The proceeds of all such temporary borrowings shall be paid into the Volunteer Companies Loan Fund.

35c7378.1s

§ 7378.1.  Referendum for additional indebtedness.

The following shall apply:

(1)  The question of incurring indebtedness of $25,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties, shall be submitted to the electors at the next primary, municipal or general election held after July 15, 1976.

(2)  The Secretary of the Commonwealth shall forthwith certify the question to the county boards of election.

(3)  The question shall be in substantially the following form:

Do you favor the incurring of indebtedness of $25,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties?

(4)  The election shall be conducted in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, except that the time limits for advertisement of notice of the election may be waived as to the question.

(5)  Proceeds of borrowing shall be used through loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads pursuant to and for any purpose established by this subchapter.

35c7378.1v

 

Cross References.  Section 7378.1 is referred to in section 7362 of this title.

35c7378.2s

§ 7378.2.  Authorization of contracts, reimbursement procedure and amount.

The following shall apply:

(1)  The Secretary of General Services is authorized to enter into contracts with local volunteer fire, ambulance and rescue companies to provide services necessary to extinguish fires or perform any other allied services on State-owned property.

(2)  The Secretary of Transportation is authorized to enter into contracts with local volunteer fire, ambulance and rescue companies to provide services necessary to extinguish fires or perform any other allied services on limited access highways, other than the Pennsylvania Turnpike.

35c7378.3s

§ 7378.3.  Reimbursement procedure and amount.

The following shall apply:

(1)  A contract between the Secretary of General Services or the Secretary of Transportation and a local volunteer fire, ambulance and rescue company shall provide that the Department of General Services or the Department of Transportation shall, monthly, upon receipt of proper proof, reimburse each contracted volunteer fire, ambulance and rescue company attending and providing fire control or other allied services on State-owned property or limited access highways, as the case may be, a minimum amount of $50 for each verified fire or emergency call and the cost of any special extinguishing agents utilized, which the volunteer fire, ambulance and rescue company made in the preceding month as certified by the person in charge at the particular State-owned property or by an individual or individuals designated by the Secretary of Transportation to verify services rendered on limited access highways.

(2)  A contract between the Department of General Services or the Department of Transportation and a local volunteer ambulance or rescue company shall also provide that the ambulance or rescue company request reimbursement from collectible insurance proceeds available as a result of the fire or emergency situation for which the ambulance or rescue company provided allied services. Proceeds payable to the ambulance or rescue company shall be deducted from the reimbursement for services provided pursuant to a contract entered into under this subchapter. Prior to payment for services rendered, the local volunteer ambulance or rescue company shall provide proof that they requested reimbursement from collectible insurance proceeds.

(3)  A false alarm on State-owned property to which a volunteer fire, ambulance or rescue company responds shall constitute a fire or emergency call and shall be reimbursed at a rate set by the contract with the Secretary of General Services, but shall not be less than $25 for each occurrence.

35c7381h

 

 

SUBCHAPTER F

STATE FIRE COMMISSIONER

 

Sec.

7381.  Scope of subchapter.

7382.  Definitions.

7383.  State Fire Commissioner.

7384.  Pennsylvania State Fire Academy.

7385.  Pennsylvania Volunteer Loan Assistance Program.

7386.  Fire Safety Advisory Committee.

7387.  Appropriations.

 

Enactment.  Subchapter F was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Special Provisions in Appendix.  See section 7(b.1)(13) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter F is referred to in sections 7381, 7382, 7713 of this title.

35c7381s

§ 7381.  Scope of subchapter.

This subchapter relates to the State Fire Commissioner.

35c7382s

§ 7382.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency."  The Pennsylvania Emergency Management Agency.

"Commissioner."  The State Fire Commissioner.

"Committee."  The Fire Safety Advisory Committee.

35c7383s

§ 7383.  State Fire Commissioner.

(a)  State Fire Commissioner.--There shall be a State Fire Commissioner, who, through the Lieutenant Governor, shall report to the Governor on all matters concerning fire safety in this Commonwealth. The Office of the State Fire Commissioner shall be within the agency for administrative purposes only, and the commissioner shall not report to the director of the agency. The commissioner shall have the power and duty to:

(1)  Coordinate the activities of State and local community interests engaged in fire prevention and control activities.

(2)  Serve as a focal point for information relative to fires, property damage, injuries and the loss of life.

(3)  Disseminate, through periodic reports, information about fire prevention efforts and fire control techniques.

(4)  Develop and participate in a program of public information and education designed to create a public awareness of the incidence and the ravages of fire and methods the individual can take to prevent fires and minimize loss when they occur.

(5)  Serve as a central point to support local efforts and interests in all matters pertinent to fire prevention and control.

(b)  Transfer.--The commissioner shall use, employ and expend, in connection with the functions, powers and duties enumerated in subsection (a) for the position of the commissioner, contract obligations, if any, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties and the unexpended balance of appropriations, allocations, Federal grants and other funds available or to be made available for use in connection with such functions, powers and duties as previously were vested in the agency by Reorganization Plan No.5 of 1981 (P.L.612).

(c)  Qualifications and appointment.--The commissioner shall be a person who, by reason of training, experience and attainment, is qualified to coordinate fire prevention and control activities. The commissioner shall be appointed by the Governor after consultation with the fire service community. The commissioner shall act as the Commonwealth's primary representative with the Statewide fire service community.

35c7384s

§ 7384.  Pennsylvania State Fire Academy.

(a)  Creation.--There is created the Pennsylvania State Fire Academy, which shall be under the operational control of the commissioner. The commissioner shall administratively provide for the erection or construction, the furnishing, the staffing and the equipping of buildings and structures through the Department of General Services and for the leasing thereof by the Commonwealth for the use and support of the Pennsylvania State Fire Academy. The Pennsylvania State Firemen's Training School and the powers and duties of the Department of Education and the Public Service Institute Board pertaining to the Pennsylvania State Firemen's Training School, which were transferred to the agency under Reorganization Plan No.6 of 1981 (P.L.613) and which are set forth in Subchapter D (relating to State Firemen's Training School), are hereby transferred to and vested in the commissioner.

(b)  Transfer.--There are transferred to the commissioner, to be used, employed and expended in connection with the functions, powers and duties enumerated in subsection (a), personnel, contract obligations, if any, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties and the unexpended balance of appropriations, allocations, Federal grants and other funds available or to be made available for use in connection with such functions, powers and duties as previously were vested in the Department of Education and the Public Service Institute Board under Subchapter D, and transferred to the agency by Reorganization Plan No.6 of 1981 (P.L.613).

(c)  Hazardous chemical and radioactive material training.--The Pennsylvania State Fire Academy shall serve as the resident Commonwealth government center for hazardous chemical and radioactive material training. The Pennsylvania State Fire Academy is authorized to use resident and field staff to support this training.

(d)  Firefighter training and certification.--A Statewide firefighter training program shall be implemented by the commissioner to educate the fire service community about the importance of firefighter health and safety. This program shall include measures designed to increase the mobility of training courses throughout this Commonwealth, to enhance firefighter accessibility to training course offerings and to improve and expand training for and response capability to emergencies with emphasis on hazardous materials incidents. The program shall also include implementation of a firefighter certification program in accordance with parameters developed by the commissioner consistent with established standards. The acquisition of physical resources to enhance Statewide capability shall be coordinated by the commissioner.

(e)  Administration.--

(1)  The commissioner may assess reasonable fees on for-profit corporations and businesses and on students who are nonresidents of this Commonwealth for fire, rescue and emergency service training programs provided to them by the Pennsylvania State Fire Academy, but in no event shall any member of a municipal or volunteer fire, rescue, ambulance or other emergency service organization located within this Commonwealth be charged for training provided at the Pennsylvania State Fire Academy.

(2)  The commissioner may charge all students for class materials and supplies directly related to the conduct of classes provided at the Pennsylvania State Fire Academy and for insignia, patches and similar memorabilia indicating student attendance or achievement at the Pennsylvania State Fire Academy.

(3)  All revenues generated by these fees and charges shall augment the appropriation made to the Office of the State Fire Commissioner.

35c7385s

§ 7385.  Pennsylvania Volunteer Loan Assistance Program.

(a)  Creation.--There shall be a loan assistance program, which shall be implemented by the commissioner, for volunteer agencies, known as the Pennsylvania Volunteer Loan Assistance Program, which shall make loans under Subchapter E (relating to volunteer fire company, ambulance service and rescue squad assistance). The Pennsylvania Volunteer Loan Assistance Program and the powers and duties previously vested in the Department of Community Affairs, which were transferred to the agency under Reorganization Plan No.7 of 1981 (P.L.615) and which are set forth under Subchapter E, are hereby transferred to and vested in the commissioner.

(b)  Transfer.--There are transferred to the commissioner, to be used, employed and expended in connection with the functions, powers and duties enumerated in subsection (a), personnel, contractual obligations, if any, mortgages, liens, encumbrances and any other secured interests, records, files, property, supplies and equipment now being used or held in connection with such functions, powers and duties and the unexpended balance of appropriations, allocations and other funds available or to be made available for use in connection with such functions, powers and duties as previously were vested in the Department of Community Affairs under Subchapter E and transferred to the agency by Reorganization Plan No.7 of 1981 (P.L.615).

(c)  Regulations.--The Volunteer Loan Assistance Program regulations found in 4 Pa. Code Ch. 113 (relating to volunteer fire company, ambulance service and rescue squad assistance) are hereby transferred to the commissioner from the agency. The commissioner shall fully implement and administer those regulations on or before January 12, 1996. The commissioner may be substituted for the agency throughout the regulations and the regulations may be renumbered and published in the Pennsylvania Bulletin as final regulations without those regulatory changes being subject to the provisions of the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

35c7386s

§ 7386.  Fire Safety Advisory Committee.

(a)  Creation.--

(1)  There is created the Fire Safety Advisory Committee to assist the commissioner. The committee shall consist of nine members, as follows:

(i)  The director of the agency, ex officio.

(ii)  The commissioner, who shall serve as chairman.

(iii)  Two paid firefighters to be appointed by the Governor from a list of at least six nominees submitted by the Pennsylvania Professional Firefighters Association.

(iv)  One member of the public to be appointed by the Governor.

(v)  Four volunteer firefighters, one each to be appointed by the President pro tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of Representatives.

(2)  Members of the committee shall serve at the pleasure of their appointing authority. The committee shall advise the commissioner on matters pertaining to the operation of the Pennsylvania State Fire Academy and any other matters as the commissioner may request.

(b)  Expenses.--Members of the committee shall receive reimbursement for reasonable travel, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.

35c7387s

§ 7387.  Appropriations.

All appropriations for the commissioner shall be by a separate line item in the General Appropriation Act.

35c7401h

 

 

CHAPTER 74

VOLUNTEER FIREFIGHTERS

 

Subchapter

A.  Preliminary Provisions

B.  Relief Association

C.  Employment Sanctions

D.  Special Fire Police

 

Enactment.  Chapter 74 was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011.

Cross References.  Chapter 74 is referred to in section 7401 of this title.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

7401.  Scope of chapter.

7402.  Definitions (Reserved).

7403.  Insurance and compensation.

35c7401s

§ 7401.  Scope of chapter.

This chapter relates to volunteer firefighters.

35c7402s

§ 7402.  Definitions (Reserved).

35c7403s

§ 7403.  Insurance and compensation.

A city, borough or township may expend out of the public funds of the municipality an amount necessary to secure insurance or compensation for volunteer firemen killed or injured while going to, returning from or attending fires in the municipality or territory adjacent thereto.

35c7403v

 

Special Provisions in Appendix.  See section 7(b.1)(1) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7411h

 

 

SUBCHAPTER B

RELIEF ASSOCIATION

 

Sec.

7411.  Scope of subchapter.

7412.  Definitions.

7413.  Statement of purpose.

7414.  Construction.

7415.  Structure.

7416.  Funds.

7417.  Cooperation agreements.

7418.  Audits.

7419.  Dissolution.

 

Special Provisions in Appendix.  See section 7(b.1)(5) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter B is referred to in sections 7411, 7412, 7413, 7414, 7417 of this title.

35c7411s

§ 7411.  Scope of subchapter.

This subchapter relates to relief associations.

35c7412s

§ 7412.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Fire service."  The service of organized groups of individuals, not only in training for and in active duty in the protection of the public against fire, but also in the training for and the performance of such other activities as are commonly undertaken by fire companies and their affiliated organizations, including, but not limited to, fire prevention, first aid, rescue and salvage, ambulance service, fire police work, radio communications, assistance at accidents, control of crowds both on the fire grounds and at occasions of public or general assembly, animal rescue, abatement of conditions due to storm, flood or general peril, abatement or removal of hazards to safety and participation in public celebrations, parades, demonstrations and fundraising campaigns.

"Volunteer firefighter."  A person who is a member of:

(1)  a fire company organized and existing under the laws of this Commonwealth;

(2)  a fire police unit, rescue squad, ambulance corps or other like organization affiliated with one or more fire companies; or

(3)  a fire company or affiliated organization which participates in the fire service but does not look to that service as his or her primary means of livelihood.

A person does not lose status as a volunteer firefighter solely because he or she may also be a paid firefighter, so long as the person is acting within the scope of his or her responsibilities as a member of a volunteer fire company at the pertinent time and not within the scope of his or her responsibilities as a paid firefighter.

"Volunteer firefighters' relief association."  An organization formed primarily to afford financial protection to volunteer firefighters against the consequences of misfortune suffered as a result of their participation in the fire service. The organization may contain within its membership the members of one or more fire companies and may serve secondary purposes, as set forth in this subchapter, but only if adequate provisions have been first made to serve the primary purpose.

35c7413s

§ 7413.  Statement of purpose.

The purpose of this subchapter is to encourage individuals to take part in the fire service as volunteer firefighters by establishing criteria and standards for orderly administration and conduct of affairs of firefighters' relief associations to ensure, as far as circumstances will reasonably permit, that funds shall be available for the protection of volunteer firefighters and their heirs in order to provide:

(1)  Financial assistance to volunteer firefighters who may suffer injury or misfortune by reason of their participation in the fire service.

(2)  Financial assistance to the widow, children and other dependents of volunteer firefighters who lose their lives as a result of their participation in the fire service.

(3)  For payment, either by insurance or by operation of a beneficial fund, of a sum certain to designated beneficiaries of a participating member following the death of a member for any cause and to establish criteria which members must meet in order to qualify as participants in a death benefit fund.

(4)  Safeguards for preserving life, health and safety of volunteer firefighters to ensure their availability to participate in the fire service.

(5)  Financial assistance to volunteer firefighters who, after having actively participated in the fire service for a specified minimum term, are no longer physically able to continue participation and are in need of financial assistance.

(6)  Funds to aid rehabilitation of volunteer firefighters who have suffered an impairment of their physical capacity to continue to perform their normal occupations.

(7)  Sufficient funds to ensure the efficient and economic handling of the business of firefighters' relief associations in accomplishing the objectives of this section.

35c7414s

§ 7414.  Construction.

This subchapter shall be:

(1)  Construed, applied and interpreted, so far as circumstances permit, as justifying the actions of the officers and members of volunteer firefighters' relief associations affected by it, when the actions appear to have been taken in good faith and in a bona fide belief that they were in furtherance of the purposes of this subchapter.

(2)  Strictly construed and applied against persons responsible:

(i)  for actions taken in willful disregard of the purposes of this subchapter or with reckless indifference to those purposes; and

(ii)  if an action which has been called into question results, has resulted or was likely to result in an unmerited personal benefit to one or more of the persons responsible for taking that action.

35c7415s

§ 7415.  Structure.

(a)  General rule.--A volunteer firefighters' relief association may be a body corporate, governed by a charter and bylaws or an unincorporated association of individuals governed by bylaws and a constitution. In either case, it must provide for taking and preserving minutes of all meetings and maintenance of such books of account as may be necessary and appropriate to afford a permanent record of its fiscal affairs.

(b)  Constitution or charter.--The constitution or charter shall:

(1)  State the name, purposes and form of the organization.

(2)  Designate the class or classes of persons eligible for membership and procedures to be followed in making amendments.

(c)  Bylaws.--The bylaws shall:

(1)  Specify the requirements for securing membership, voting rights of different classes of members, if there be different classes, and conditions under which membership may be terminated.

(2)  State the notice requirements and procedure to be followed in calling meetings, as well as quorum requirements for regular and special meetings of the membership and for regular and special meetings of the body which governs the operations of the association between membership meetings, and shall designate that body, whether it be a board of directors, trustees or any similar body such as an executive committee. Unless otherwise provided for in the bylaws, powers and duties of officers, directors and trustees shall be those which normally pertain to such positions in nonprofit corporations.

(3)  Require that the signatures of at least two officers, one of whom shall be the disbursing officer, shall be required to bind the association by formal contract or to issue a negotiable instrument.

(4)  Require that the disbursing officer, whether designated treasurer, comptroller, financial secretary or otherwise, shall be bonded by corporate surety for faithful performance of duty. The amount of the bond shall be at least as great as the maximum cash balance in current funds of the association at any time during the fiscal year, and the premium on the bond shall be a proper charge against funds of the association.

(5)  State the procedure to be followed in nominating and electing officers, trustees, directors and members of the executive committee, according to the provisions which have been made for establishment of those positions.

(6)  Establish procedures for the approval and payment of expenditures, investment of funds and sale of investments.

(7)  Set out the procedure to be followed in amending bylaws.

(8)  Specify notice required with respect to proposed bylaw amendments, including the time, place and date when the proposed amendments shall be considered.

(9)  Be faithfully preserved, along with amendments thereto and the effective date of the amendments, in permanent form.

(10)  Contain such other provisions as may, to the membership, seem appropriate or necessary to the orderly conduct of affairs of the association.

(d)  Standing procedures.--In addition to adopting bylaws, an association may adopt standing procedures, which shall be such matters as the membership may regard to be of a routine nature. Standing procedures may be adopted, modified or repealed by motion and majority vote but shall not be inconsistent with the bylaws, and they shall be recorded as an appendix to the bylaws.

(e)  Charitable corporation.--A volunteer firefighters' relief association organized or conducted in accordance with the requirements of this section shall be regarded as a charitable corporation for all purposes, including the right to establish exemption from the operation of certain taxes.

35c7416s

§ 7416.  Funds.

(a)  General rule.--A volunteer firefighters' relief association may solicit and receive gifts and contributions from any source, including municipal corporations, but shall not have the right to receive any portion of the money distributed to political subdivisions of this Commonwealth under Chapter 7 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, unless and until the governing body of at least one political subdivision shall have certified to the Auditor General that the association is a bona fide volunteer firefighters' relief association, affiliated with a fire company which affords protection against fire to all or a portion of the political subdivision.

(b)  Deposit.--Funds of a volunteer firefighters' relief association may be deposited in any bank, trust company or other banking establishment accredited by the Commonwealth or insured by the Government of the United States.

(c)  Investments.--All or any part of the funds of a volunteer firefighters' relief association may be invested:

(1)  In any form of investment named in 20 Pa.C.S. Ch. 73 (relating to municipalities investments). First mortgages insuring repayment of loans by relief associations shall provide for a minimum interest payment of 3% and not exceed 80% of the appraised value of real property covered by the mortgage.

(2)  In any obligation of a political subdivision, having the power to levy or collect taxes.

(3)  In any obligation of an incorporated fire company, provided that the obligation is:

(i)  Secured by assets of the company having capital value equal to at least 150% of the amount of the obligation at the time it is made.

(ii)  Subject to provisions which amortize the loan at a rate ensuring that the depreciated value of the assets pledged shall continue to be at least 150% of the balance due.

(d)  Limitation.--No investment shall be acquired, encumbered or sold except pursuant to resolution duly enacted by the governing body of the association.

(e)  Income from investments.--Income from investments may be invested or spent in the same way as any other income.

(f)  Use.--Funds of any volunteer firefighters' relief association may be spent:

(1)  To pay for such normal and reasonable running expenses as may be appropriate to the businesslike conduct of the affairs of the association, including legal fees, rental or purchase of offices, payment of reasonable compensation of employees and purchase of office equipment and supplies.

(2)  To purchase contracts of insurance which, at a minimum, shall afford financial assistance to active members of the fire service represented by the association against losses due to injury suffered in the fire service and may also provide, in the order named:

(i)  for payments to the surviving spouse or other dependents of a member in the event of the member's death;

(ii)  for protection of active firefighters against disease;

(iii)  for replacement or purchase of prosthetic devices such as visual aids, hearing aids, dentures, braces, crutches and the like, where those devices have been lost or damaged while the owner was engaged in the fire service or where the need for those devices arose because of functional impairment attributable to participation in the fire service;

(iv)  for repair or replacement, if necessary, of articles of clothing or pocket pagers damaged or lost in the course of participation in the fire service; and

(v)  for disability incurred after service for a minimum of 20 years as a volunteer firefighter.

(3)  To maintain a beneficiary or death benefit fund and to pay a sum certain from that fund to the beneficiary of a participant in that fund upon death. If a beneficiary is not designated or a designated one has predeceased the participant, the sum certain shall be paid to the estate of the participant.

(4)  To pay in full or in part for damage or loss in any of the categories mentioned in paragraph (2) in a specific case where:

(i)  no policy of insurance is in force covering the risk; or

(ii)  the amount payable under insurance policies in force is inadequate to cover the loss.

(5)  To pay the cost of procuring and forwarding tokens of sympathy and goodwill to a volunteer firefighter who may be ill or hospitalized as a result of participation in the fire service or who may die or who may be seriously ill for any reason.

(6)  To make cash payments to families in distressed circumstances by reason of age, infirmity or other disability suffered by one of the family members in the course of participation in the fire service as a volunteer firefighter.

(7)  To acquire and to maintain membership in any Statewide association or corporation which extends advice and assistance to firefighters' relief associations and to pay to a duly elected delegate the reasonable expenses of travel and maintenance for attending a meeting of the Statewide association or corporation. If two or more fire companies share a firefighters' relief association, each fire company may send a duly elected delegate to represent his individual company and each delegate may have his reasonable expenses of travel and maintenance paid for with relief funds.

(8)  To contribute to or to purchase contracts of insurance which will contribute to the cost of rehabilitating and retraining volunteer firefighters who, by reason of their participation in the fire service, have suffered a major impairment of the ability to continue their vocation.

(9)  To pay for medical and surgical bills arising from injuries sustained by volunteer firefighters while engaged in activities of a fire company to the extent that the bills are not covered by insurance provided by the relief association.

(10)  To pay reasonable expenses actually and necessarily incurred for attending bona fide firefighters' training schools.

(11)  To purchase safeguards for preserving life, health and safety of volunteer firefighters to ensure their availability to participate in the volunteer fire service.

(12)  To secure insurance against legal liability of volunteer firefighters for loss and expense from claims arising out of performance of official and authorized duties while going to, returning from or attending fires or performing their duties as special fire police.

(13)  To maintain comprehensive health, physical fitness and physical monitoring programs that provide for physical fitness activities, nutrition education and instruction and health and fitness evaluation and monitoring, provided that the programs have been approved by the nearest State-licensed health care facility which is authorized to provide that service.

(14)  To purchase exercise and fitness equipment for use by volunteer firefighters, except that expenditures for exercise and fitness equipment shall not exceed $2,000 in any two-year period.

(15)  To purchase fire hoses and nozzles.

(16)  To purchase fire prevention materials for public distribution.

(17)  To pay reasonable expenses actually and necessarily incurred for attending bona fide emergency medical technician or paramedic training schools.

35c7416v

(Jan. 22, 2014, P.L.1, No.1, eff. 60 days; June 18, 2014, P.L.765, No.65, eff. imd.)

 

2014 Amendments.  Act 1 amended subsec. (f)(7) and Act 65 added subsec. (f)(17).

35c7417s

§ 7417.  Cooperation agreements.

Two or more volunteer firefighters' relief associations may jointly cooperate to enter into agreements to make expenditures that are authorized under this subchapter. A joint cooperation agreement may be enforced by and against a volunteer firefighters' relief association.

35c7418s

§ 7418.  Audits.

(a)  General rule.--The Office of Auditor General shall have the power and its duty shall be to audit the accounts and records of every volunteer firefighters' relief association receiving money under Chapter 7 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, as far as may be necessary to satisfy the Auditor General that the money received was or is being expended for no purpose other than that authorized by this subchapter. Copies of all audits shall be furnished to the Governor.

(b)  Findings.--If the Auditor General finds that any money received by a volunteer firefighters' relief association has been expended for a purpose other than one authorized by this subchapter, the Auditor General shall immediately notify the Governor and shall decline to approve further requisitions calling for payment to the volunteer firefighters' relief association until the improperly expended amount has been reimbursed to the relief association fund.

35c7419s

§ 7419.  Dissolution.

(a)  Withdrawal.--If the voters elect to replace a volunteer fire company with a full-paid fire department or company and the volunteer company which has been replaced ceases to render fire service to any community, the volunteer company shall withdraw from the volunteer firefighters' relief association which had extended protection to its membership.

(b)  Continuation.--Notwithstanding withdrawal of a company under subsection (a), the volunteer firefighters' relief association shall continue granting financial assistance to its remaining members and their families in death, sickness and distress suffered through the unfortunate elements of life.

(c)  New members prohibited.--A volunteer firefighters' relief association continuing under subsection (b) shall not receive any new members.

(d)  Application.--When the membership of a relief association functioning under subsection (b) diminishes to five members, the association shall apply to the local common pleas court for dissolution.

(e)  Determination.--Upon receipt of an application under subsection (d), the court shall direct that:

(1)  all bills, including the costs of dissolution, be paid; and

(2)  the balance of funds in the treasury of the volunteer firefighters' relief association subject to dissolution be paid to the pension fund of the paid fire department created as set forth in subsection (a).

35c7421h

 

 

SUBCHAPTER C

EMPLOYMENT SANCTIONS

 

Sec.

7421.  Scope of subchapter.

7422.  Definitions.

7423.  Prohibition on termination and discipline.

7424.  Prohibition on discrimination.

7425.  Lost time.

7426.  Statements.

7427.  Violations.

 

Special Provisions in Appendix.  See section 7(b.1)(9) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter C is referred to in sections 7421, 7422, 7427 of this title.

35c7421s

§ 7421.  Scope of subchapter.

This subchapter relates to employment sanctions.

35c7422s

§ 7422.  Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Discipline."  The taking of an action against an employee which adversely affects his regular pay to an extent greater than permitted by section 7425 (relating to lost time), his job status, his opportunity for promotion or his right to any benefit granted by the employer to other similarly situated employees.

"Discriminate."  To discharge or to discipline in a manner inconsistent with the employer's treatment of other similarly situated employees who are injured in the course of their employment or related activities.

"Employer."  An individual, partnership, association, corporation, business trust or a person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.

"Line of duty."  Going to, coming from or during fire prevention and safety activities which includes fire prevention, first aid, rescue and salvage, ambulance service, fire police work, assistance at accidents, control of crowds both on the fire grounds and at occasions of public or general assembly, animal rescue, abatement of conditions due to storm, flood or general peril, abatement or removal of hazards to safety and other activities as are commonly undertaken by fire companies, ambulance services or rescue squads or their affiliated organizations.

35c7423s

§ 7423.  Prohibition on termination and discipline.

No employer shall terminate or discipline an employee who is a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad and, in the line of duty, has responded to a call prior to the time he was due to report for work resulting in a loss of time from his employment.

35c7423v

 

Cross References.  Section 7423 is referred to in sections 7425, 7426 of this title.

35c7424s

§ 7424.  Prohibition on discrimination.

No employer shall discriminate against an employee because the employee has been injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad, nor shall an employer discriminate against an employee injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad who subsequently returns to work after receiving workers' compensation benefits under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.

35c7425s

§ 7425.  Lost time.

Time lost from employment as provided in section 7423 (relating to prohibition on termination and discipline) may be charged to the regular pay of the employee.

35c7425v

 

Cross References.  Section 7425 is referred to in section 7422 of this title.

35c7426s

§ 7426.  Statements.

An employee losing time as provided in section 7423 (relating to prohibition on termination and discipline) shall supply his employer with a statement from the chief executive officer of his volunteer fire company, ambulance service or rescue squad or its affiliated organization stating that he responded to a call and the time of the call.

35c7427s

§ 7427.  Violations.

(a)  Employers.--An employer who willfully and knowingly violates this subchapter shall be required to revoke a disciplinary action and any penalty attached thereto or to reinstate such employee to his former position and shall be required to pay the employee all lost wages and benefits for the period between termination and reinstatement and reasonable attorney fees incurred in an action to recover lost wages and benefits.

(b)  Statute of limitations.--An action to enforce this subchapter shall be commenced within two years of the date of violation, and the action shall be commenced in the court of common pleas of the county in which the employer is located.

35c7431h

 

 

SUBCHAPTER D

SPECIAL FIRE POLICE

 

Sec.

7431.  Scope of subchapter.

7432.  Definitions (Reserved).

7433.  Nomination.

7434.  Confirmation.

7435.  Powers.

7436.  Power and authority in places other than where appointed.

7437.  Badge of authority and subordination.

 

Special Provisions in Appendix.  See section 7(b.1)(2) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Subchapter D is referred to in sections 7431, 7434, 7435, 7436 of this title.

35c7431s

§ 7431.  Scope of subchapter.

This subchapter applies to a volunteer fire company in any city, borough, town, township or home rule municipality.

35c7431v

 

Cross References.  Section 7431 is referred to in section 7433 of this title.

35c7432s

§ 7432.  Definitions (Reserved).

35c7433s

§ 7433.  Nomination.

An entity under section 7431 (relating to scope of subchapter) may nominate any of its members as special fire police.

35c7434s

§ 7434.  Confirmation.

Special fire police nominated under this subchapter shall, before they enter upon their duties, be confirmed by the mayor of the city, the mayor of the borough or town, the chairman of the board of commissioners or supervisors of the township or the chief executive officer of a home rule municipality, as the case may be.

35c7435s

§ 7435.  Powers.

(a)  Specific powers.--When confirmed and sworn and displaying a badge of authority, special fire police shall have full power to regulate traffic and keep crowds under control at or in the vicinity of any fire on which their companies are in attendance and to exercise other police powers necessary to facilitate and prevent interference with the work of firemen in extinguishing fires. They shall also have the police powers necessary to perform their duties when functioning as special fire police at any function, event or parade conducted by and under the auspices of a volunteer fire company, or another event, function or parade conducted by an organization other than a volunteer fire company, provided that the request to perform these duties is made by the governing body of the city, borough, town, township or home rule municipality in which the event will be conducted, or when accidents, floods or any other emergencies require performance of traffic-control and crowd-control duties. The duties may be performed without prior request from the governing body until the arrival of proper State, city, borough, town, township or home rule municipality police authority and thereafter subject to direction of the police authority until the emergency no longer exists. A person functioning as special fire police and performing a duty under any of the conditions in this subsection shall be deemed to be performing the duties of his employment.

(b)  Identification.--Fire police performing the duties under this subchapter shall be identifiable by, at minimum, the wearing of a distinctive arm band, hat, uniform or insignia.

(c)  Construction.--Under no circumstances shall this subchapter be construed to grant special fire police the right to use firearms or other weapons in the exercise of special fire police powers granted by this subchapter.

35c7436s

§ 7436.  Power and authority in places other than where appointed.

Whenever a volunteer fire company is in attendance on a fire or when the special fire police are on special duty as provided under this subchapter, the special fire police in a city, borough, town or township, other than the one in which the fire company is organized, shall have the same power and authority in another city, borough, town or township as they would have where they were appointed.

35c7437s

§ 7437.  Badge of authority and subordination.

All special fire police when on duty shall display a badge of authority and shall be subject to the control of the chief of police, if any, of the city, borough, town or township in which they are serving, or, if none, of a member of the Pennsylvania State Police.

35c7501h

 

 

CHAPTER 75

LOCAL ORGANIZATIONS AND SERVICES

 

Subchapter

A.  General Provisions

B.  Payment of Expenses

 

Enactment.  Chapter 75 was added November 26, 1978, P.L.1332, No.323, effective immediately.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

7501.  General authority of political subdivisions.

7502.  Local coordinator of emergency management.

7503.  Powers and duties of political subdivisions.

7504.  Coordination, assistance and mutual aid.

35c7501s

§ 7501.  General authority of political subdivisions.

(a)  Establishing emergency management organization.--Each political subdivision of this Commonwealth is directed and authorized to establish a local emergency management organization in accordance with the plan and program of the Pennsylvania Emergency Management Agency. Each local organization shall have responsibility for emergency management, response and recovery within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such services outside of its jurisdictional limits as may be required under this part.

(b)  Declaration of disaster emergency.--A local disaster emergency may be declared by the governing body of a political subdivision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorize the mayor or other chief executive officer to declare a local disaster emergency subject to ratification by the governing body. The declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local emergency management plans and to authorize the furnishing of aid and assistance thereunder.

(c)  Contracts and obligations.--In carrying out the provisions of this part, each political subdivision shall have the power to enter into contracts and incur obligations necessary to disaster emergency management, response and recovery.

(d)  Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.

(e)  Employment of personnel.--In order to meet prescribed requirements for eligibility to receive Federal contributions authorized under the provisions of the Federal Civil Defense Act of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any amendment or reenactment thereof, political subdivisions are authorized to avail themselves of services offered by the State Civil Service Commission under the provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," in connection with the employment of personnel in local organizations established pursuant to the provisions of this part.

35c7501v

(July 13, 1988, P.L.501, No.87, eff. imd.)

 

1988 Amendment.  Act 87 amended subsec. (d).

Cross References.  Section 7501 is referred to in section 7707 of this title.

35c7502s

§ 7502.  Local coordinator of emergency management.

(a)  General rule.--Each local organization of emergency management shall have a coordinator who shall be responsible for the planning, administration and operation of the local organization subject to the direction and control of the executive officer or governing body.

(b)  County coordinator.--A coordinator shall be appointed in all counties with approval of the director of the agency. The executive officer or governing body of the county shall recommend a coordinator whose recommendation must be endorsed by the director of the agency prior to appointment by the Governor. Upon failure of the executive officer or governing body of the county to make a recommendation of a person for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator based upon the recommendation of the director of the agency. The coordinator of the county organization shall not be assigned any duties that will conflict with his duty as coordinator.

(c)  Local level.--At the local level, the coordinator shall be appointed by the Governor upon the recommendation of the executive officer or governing body of the political subdivision. Upon the failure of the executive officer or governing body of a political subdivision to make a recommendation to the Governor of a candidate for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator without any recommendation. A candidate for coordinator for two or more political subdivisions may be recommended to the Governor for appointment upon agreement by resolution of the governing bodies of such political subdivisions. Any other law notwithstanding, a local government official may be recommended for appointment.

(d)  Qualifications.--The coordinator shall be professionally competent and capable of planning, effecting coordination among operating agencies of government and controlling coordinated operations by local emergency preparedness forces.

(e)  In-service training.--Each appointed coordinator shall:

(1)  Attend and successfully complete the first phase of the career development program as prescribed by the agency within one year after appointment.

(2)  Attend and successfully complete the second phase of the career development program as prescribed by the agency within three years after appointment.

(3)  Attend basic and advanced seminars, workshops and training conferences called by the State director and/or official having responsibility for providing the coordinator with in-service training.

Failure to attend the instruction described in this subsection or failure to attend a prescribed training conference for a period of two consecutive years shall be cause for replacement. The State Director of Emergency Management may grant credit toward meeting the requirements of this subsection to appointed local coordinators on the basis of prior experience and training.

(f)  Responsibility for training.--Responsibility for the professional in-service training of each coordinator rests with each successive higher political subdivision than the one in which the coordinator is functioning.

(g)  Expenses.--Each appointed coordinator shall be reimbursed for actual expenses incurred in the performance of his duties and attendance at scheduled meetings.

35c7502v

 

Cross References.  Section 7502 is referred to in section 7707 of this title.

35c7503s

§ 7503.  Powers and duties of political subdivisions.

Each political subdivision shall, either individually or pursuant to the provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, adopt an Intergovernmental Cooperation agreement with other political subdivisions to:

(1)  Prepare, maintain and keep current a disaster emergency management plan for the prevention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan.

(2)  Establish, equip and staff an emergency operations center, consolidated with warning and communication systems to support government operations in emergencies and provide other essential facilities and equipment for agencies and activities assigned emergency functions.

(3)  Provide individual and organizational training programs to insure prompt, efficient and effective disaster emergency services.

(4)  Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment, facilities and services necessary for disaster emergency readiness, response and recovery.

(5)  Adopt and implement precautionary measures to mitigate the anticipated effects of disaster.

(6)  Execute and enforce such rules and orders as the agency shall adopt and promulgate under the authority of this part.

(7)  Cooperate and coordinate with any public and private agency or entity in achieving any purpose of this part.

(8)  Have available for inspection at its emergency operations center all emergency management plans, rules and orders of the Governor and the agency.

(9)  Provide prompt and accurate information regarding local disaster emergencies to appropriate Commonwealth and local officials and agencies and the general public.

(10)  Participate in all tests, drills and exercises, including remedial drills and exercises, scheduled by the agency or by the Federal Government.

(11)  Participate in the program of integrated flood warning systems under section 7313(6) (relating to powers and duties).

35c7503v

(July 13, 1988, P.L.501, No.87, eff. imd.)

 

1988 Amendment.  Act 87 amended the intro. par. and added pars. (10) and (11).

Cross References.  Section 7503 is referred to in section 7707 of this title.

35c7504s

§ 7504.  Coordination, assistance and mutual aid.

(a)  Responsibility for direction and coordination.--Direction of disaster emergency management services is the responsibility of the lowest level of government affected. When two or more political subdivisions within a county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations. When two or more counties are involved, coordination shall be provided by the agency or by area organizations established by the agency.

(b)  Assistance from higher government unit.--When all appropriate locally available forces and resources are fully committed by the affected political subdivision, assistance from a higher level of government shall be provided.

(c)  Municipal mutual aid agreements.--County and local coordinators of emergency management shall develop mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and programs of the agency. In disaster emergencies, requests for mutual aid assistance shall be referred to the organization having responsibility for coordination as specified in subsection (a) and in time of emergency it shall be the duty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements.

(d)  Interstate mutual aid arrangements.--The coordinator of each local organization may, subject to approval of the Governor, enter into mutual aid arrangements with similar agencies or organizations in other states for reciprocal disaster emergency services.

(e)  Ratification of agreements.--Mutual aid agreements shall be ratified by the governing bodies of the political subdivisions involved.

(f)  Control of outside support forces.--Support forces furnished political subdivisions from outside its jurisdiction shall be under the operational control of the department, agency or office furnishing the force.

35c7504v

 

Cross References.  Section 7504 is referred to in section 7707 of this title.

35c7511h

 

 

SUBCHAPTER B

PAYMENT OF EXPENSES

 

Sec.

7511.  Appropriations by political subdivisions.

7512.  Law applicable to local organizations.

7513.  Agreements among political subdivisions.

7514.  Payments involving one political subdivision.

7515.  Payments involving two or more political subdivisions.

35c7511s

§ 7511.  Appropriations by political subdivisions.

(a)  General rule.--Every political subdivision shall have the power to make appropriations for the payment of expenses of the local organization in the manner provided by law for making appropriations for the ordinary expenses of the political subdivision. In making appropriations, the political subdivision shall specify the amounts and purposes for which the moneys appropriated may be used by the organization to or for which such appropriation may be made.

(b)  Two or more local organizations.--Nothing in this subchapter or any other provision of this part shall be deemed to limit the power of any political subdivision to appropriate money for the purpose of paying the expenses of a local organization having jurisdiction both within and without the political subdivision even though an appropriation has been or is to be made to another local organization coterminous with or having jurisdiction within the political subdivision. Payments on account of an appropriation under this subsection shall be made pursuant to an agreement under section 7513 (relating to agreements among political subdivisions) or in the form of a gift or grant to the political subdivision responsible in the first instance for the payment of bills and claims against the local organization for the payment of the expenses for which the appropriation was made.

35c7511v

 

Cross References.  Section 7511 is referred to in section 7513 of this title.

35c7512s

§ 7512.  Law applicable to local organizations.

(a)  General rule.--Where the jurisdiction of the local organization is coterminous with the political subdivision making an appropriation for the payment of the expenses, the local organization shall be deemed an agency, board or commission of the political subdivision, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.

(b)  Second class townships.--No purchase or purchases shall be made, no contract entered into and no expenses incurred by any local organization which involves the payment of more than $25 out of the treasury of any second class township unless the proposed expenditure has been approved in writing by the township supervisors. If any purchase or contract is made or other expenses incurred contrary to the provisions of this subsection, the township shall not be responsible for the payment thereof but the person acting for the local organization in the transaction shall be personally liable for the payment.

35c7513s

§ 7513.  Agreements among political subdivisions.

(a)  General rule.--Where a local organization has jurisdiction in an area including all or parts of more than one political subdivision which does not include the whole area of any county, the political subdivisions, all or part of which lie within the jurisdiction of the organization, shall, before paying any expenses of the organization, enter into an agreement designating one of the political subdivisions as the agent of each of them for the purpose of paying the expenses of the local organization. The agreement shall also set forth the proportionate share of the expenses of the organization to be paid by each political subdivision party to the agreement and an estimate of the amount required to be appropriated by each of them for the purpose of paying the expenses. The agreement shall be effective when approved by the corporate authorities of each of the political subdivisions by a majority vote and each of the subdivisions shall thereupon make an appropriation pursuant to section 7511 (relating to appropriations by political subdivisions) sufficient to pay its share of the expenses of the organization.

(b)  Counties.--Where the local organization has jurisdiction in an area including the whole area of one or more counties which is not coterminous with any one county, before paying any expenses of the organization, the counties, all or part of which lie within the jurisdiction of the organization, shall enter into an agreement in the manner and form provided in subsection (a) and with like effect, and no other political subdivision lying within the jurisdiction of the organization shall be a party to the agreement.

35c7513v

 

Cross References.  Section 7513 is referred to in sections 7511, 7515 of this title.

35c7514s

§ 7514.  Payments involving one political subdivision.

(a)  General rule.--All bills or claims to be paid from any appropriation made by a political subdivision coterminous with the local organization, after first being approved by the local organization or an appropriate officer thereof designated for that purpose, shall be paid from the treasury of the political subdivision only upon the warrant or order of the officer or officers of the political subdivision designated by law to approve or countersign warrants or orders for the payment of the ordinary expenses of the political subdivision, and shall be subject to audit in the same manner as other financial transactions of the political subdivision. In each case, the officer or officers shall have the same power to approve or disapprove as they have in case of warrants for ordinary expenses of the political subdivision, and no warrant or order for the payment thereof shall be issued without the approval.

(b)  Gift or grant of money.--Any gift or grant of money made to the local organization or to the political subdivision for the payment of expenses incurred or to be incurred by or for the organization shall be deposited in the treasury of the political subdivision and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this subchapter for the payment of other bills and claims against the political subdivision.

35c7514v

 

Cross References.  Section 7514 is referred to in section 7515 of this title.

35c7515s

§ 7515.  Payments involving two or more political subdivisions.

(a)  General rule.--Where two or more political subdivisions have entered into an agreement as provided by section 7513 (relating to agreements among political subdivisions), all bills and claims for expenses incurred by or for the local organization shall thereafter be paid in the first instance by the political subdivision named as agent in the agreement in the manner provided in section 7514 (relating to payments involving one political subdivision) as though the organization were coterminous with the political subdivision, and the organization shall be subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.

(b)  Accounting by agent.--The political subdivision designated as agent shall, not later than the fifteenth day of each month, submit an itemized account of the expenses of the organization paid by it during the preceding calendar month to each of the other political subdivisions party to the agreement, together with a request for reimbursement of the proportionate share of expenses agreed to be paid by each of the other political subdivisions.

(c)  Reimbursement of agent.--Each political subdivision requested to make reimbursement shall do so within 30 days after the request from the appropriation made for the payment of the expenses of the organization and, in the event of failure to do so, mandamus shall lie to compel the officers of the political subdivision to pay the agreed-upon proportionate share of the proper expenses of the organization out of the first moneys thereafter in the treasury of the political subdivision and not previously pledged to any other purpose. No political subdivision may be compelled to pay for any one year an amount greater than the amount estimated in the agreement as its proportionate share. Any payment made by any political subdivision to the political subdivision named as agent in the agreement for reimbursement for the payment of the expenses of the organization shall be credited by the agent political subdivision to the appropriation made by it for the payment of the expenses of the organization and shall be available for the payment of future expenses of the organization without further appropriation or action by the agent political subdivision.

(d)  Gift or grant of money.--Any gift or grant of money made to or for the local organization, if made to a political subdivision, shall be deposited in its treasury and be appropriated by it for the purpose for which the gift or grant was made and the political subdivision shall notify the political subdivision named as agent in the agreement of the appropriation and the purpose for which it is available. If the gift or grant of money is made to the organization, it shall be deposited in the treasury of the political subdivision named as agent in the agreement and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made. Any expenditure made by the agent political subdivision from any gift or grant deposited in its treasury or reimbursed from any gift or grant deposited in the treasury of any other political subdivision shall not be included in computing the reimbursement requested from any other political subdivision under the agreement.

35c7601h

 

 

CHAPTER 76

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

 

Sec.

7601.  Compact enacted.

7602.  Exercise of powers and duties.

7603.  Mutual agreements.

7604.  Budgetary considerations.

 

Enactment.  Chapter 76 was added December 15, 1999, P.L.934, No.64, effective immediately.

Cross References.  Chapter 76 is referred to in section 7301 of this title; sections 508, 7309 of Title 51 (Military Affairs).

35c7601s

§ 7601.  Compact enacted.

The Emergency Management Assistance Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

Article I

Purpose and Authorities

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia and all U.S. territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Article II

General Implementation

Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Article III

Party State Responsibilities

A.  It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans and in carrying them out, the party states, insofar as practical, shall:

1.  review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resources shortages, civil disorders, insurgency or enemy attack;

2.  review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;

3.  develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;

4.  assist in warning communities adjacent to or crossing the state boundaries;

5.  protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material;

6.  inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and

7.  provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B.  The authorized representative of a party state may request assistance to another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

1.  a description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

2.  the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and

3.  the specific place and time for staging of the assisting party's response and a point of contact at that location.

C.  There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans and resource records relating to emergency capabilities.

Article IV

Limitations

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state emergency or disaster by the governor of the party state that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state, whichever is longer.

Article V

Licenses and Permits

Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

Article VI

Liability

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.

Article VII

Supplementary Agreements

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein shall preclude any state entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Article VIII

Compensation

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Article IX

Reimbursement

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided that any aiding party state may assume in whole or in part such loss, damage, expense or other cost or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this article.

Article X

Evacuation

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

Article XI

Implementation

A.  This compact shall become effective immediately upon its enactment into law by any two states. Thereafter, this compact shall become effective as to any other state upon enactment by such state.

B.  Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C.  Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

Article XII

Validity

This compact shall be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected.

Article XIII

Additional Provisions

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into Federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under section 1385 of Title 18 of the United States Code.

35c7601v

 

Cross References.  Section 7601 is referred to in sections 7602, 7604 of this title; section 3105 of Title 51 (Military Affairs).

35c7602s

§ 7602.  Exercise of powers and duties.

The Governor or a designee shall exercise the powers, duties and responsibilities set forth in section 7601 (relating to compact enacted).

35c7603s

§ 7603.  Mutual agreements.

The Governor shall examine threats to the security and safety of the Commonwealth and execute appropriate interstate mutual aid plans and procedures as may be necessary to implement this compact.

35c7604s

§ 7604.  Budgetary considerations.

(a)  Expenditures.--In addition to the funds which the Governor is authorized to transfer for disasters in accordance with 35 Pa.C.S. § 7307 (relating to use and appropriation of unused Commonwealth funds), the Governor may transfer any other appropriated but unused funds in an amount of not more than $15,000,000 in any fiscal year which may have been appropriated for the ordinary expenses of the Commonwealth government from the General Fund to be utilized for the purposes set forth in 35 Pa.C.S. § 7601 (relating to compact enacted). The Secretary of the Budget shall, within five days of a transfer of funds authorized under this section, notify the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives of such transfer. Such notification shall identify the amount transferred, the appropriation from which funds were transferred, the appropriation to which the funds were transferred and the justification for such transfer. The Secretary of the Budget shall provide a full accounting to the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives after the close of each fiscal year concerning funds transferred pursuant to the provisions of this section.

(b)  Reimbursements.--

(1)  Reimbursement of all support provided to member states in accordance with the provisions of 35 Pa.C.S. § 7601 shall be secured by the Governor or the Governor's designee in consultation with the Secretary of the Budget.

(2)  The Governor may accept on behalf of the Commonwealth all reimbursements for funds and services provided in accordance with the provisions of 35 Pa.C.S. § 7601. Reimbursements shall be deposited in the State Treasury and shall be allocated by the Secretary of the Budget to the agencies from which funds were transferred pursuant to subsection (a) of this section.

35c7604v

 

References in Text.  Section 7307, referred to in this section, is repealed.

35c7701h

 

 

CHAPTER 77

MISCELLANEOUS PROVISIONS

 

Sec.

7701.  Duties concerning disaster prevention.

7702.  Acceptance of services, gifts, grants and loans.

7703.  Interstate arrangements.

7704.  Immunity from civil liability.

7705.  Special powers of local agencies.

7706.  Compensation for accidental injury.

7707.  Penalties.

7708.  Fire force disbanded in favor of volunteers.

7709.  Fires on State premises.

7710.  Firefighters and Auxiliaries Day.

7711.  Firefighters' Memorial Flag.

7712.  Firefighters' Memorial Sunday.

7713.  Prohibition on certain service.

 

Enactment.  Chapter 77 was added November 26, 1978, P.L.1332, No.323, effective immediately.

35c7701s

§ 7701.  Duties concerning disaster prevention.

(a)  Governor.--In addition to disaster prevention measures included in the Commonwealth and local plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. The Governor, from time to time, shall make recommendations to the General Assembly, political subdivisions and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(b)  Department of Environmental Resources.--The Department of Environmental Resources, in conjunction with the Pennsylvania Emergency Management Agency, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences thereof.

(c)  Other Commonwealth agencies.--At the direction of the Governor, and pursuant to any other authority and competence they have, Commonwealth agencies, including but not limited to those charged with economic recovery responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, construction standards, public utilities and energy, shall make studies of disaster prevention-related matters.

(d)  Schools.--Public-funded universities, colleges, and elementary and secondary schools shall be made available to local, county and State officials for emergency planning and exercise purposes and actual service as mass-care facilities in the event of an emergency evacuation.

(e)  Vehicles.--School bus and transportation vehicles owned or leased by universities, colleges and school districts shall be made available to local, county and State officials for emergency planning and exercise purposes and actual service in the event of an emergency evacuation.

(f)  Disaster response and emergency preparedness drills.--Annually, schools and custodial child care facilities shall conduct at least one disaster response or emergency preparedness plan drill.

(g)  Plans.--Every school district and custodial child care facility, in cooperation with the local Emergency Management Agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency preparedness plan consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other pertinent State requirements. The plan shall be reviewed annually and modified as necessary. A copy of the plan shall be provided to the county emergency management agency.

35c7701v

(July 13, 1988, P.L.501, No.87, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days)

 

2004 Amendment.  Act 73 amended subsecs. (f) and (g).

1988 Amendment.  Act 87 added subsecs. (d), (e), (f) and (g).

References in Text.  The Department of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.

35c7702s

§ 7702.  Acceptance of services, gifts, grants and loans.

(a)  General rule.--Whenever any person or the Federal Government or any Federal agency or officer offers to the Commonwealth or, through the Commonwealth, to any political subdivision, services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of disaster emergency services, the Commonwealth, acting through the Governor, or the political subdivision, acting with the consent of the Governor and through its executive officer or governing body, may accept the offer and upon acceptance the Governor or executive officer or governing body of the political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials or funds on behalf of the Commonwealth or political subdivision subject to the terms of the offer and the rules and regulations, if any, of the agency or person making the offer.

(b)  Property of Commonwealth.--All equipment, supplies and materials referred to in subsection (a) shall, when accepted by the Commonwealth, be treated as the property of the Commonwealth and shall be subject to the relevant provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," unless the General Assembly directs otherwise by statute.

35c7703s

§ 7703.  Interstate arrangements.

(a)  General rule.--Upon finding that a vulnerable area lies only partly within this Commonwealth and includes territory in another state or states or territory in a foreign jurisdiction and that it would be desirable to establish an interstate relationship, mutual aid or an area organization for disaster emergency services, the Governor shall take steps to that end as desirable.

(b)  Negotiation and status of agreements.--If this action is taken with jurisdictions that have enacted the Interstate Civil Defense and Disaster Compact, any resulting agreement or agreements may be considered supplemental agreements pursuant to Article 6 of that compact. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subsection (a) have not enacted that compact, the Governor may negotiate special agreements with the jurisdiction or jurisdictions.

(c)  Legislative approval of agreements.--Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and provided that neither House of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within 30 days of its submission, whichever is longer.

35c7704s

§ 7704.  Immunity from civil liability.

(a)  General rule.--Neither the Commonwealth nor any political subdivision thereof nor other agencies nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any emergency services activities, nor, except in cases of willful misconduct or gross negligence, any individual or other person under contract with them to provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or an agent or employee of any of them engaged in disaster services activities, while complying with or attempting to comply with this part or any rule or regulation promulgated pursuant to the provisions of this part, shall be liable for the death of or any injury to persons or loss or damage to property as a result of that activity.

(b)  Real estate owners.--Any person, organization or authority owning or controlling real estate or other premises, who voluntarily and without compensation, grants a license or privilege or otherwise permits the designation or use of the whole or any part or parts of the real estate or premises for any emergency services purpose, shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of or injury to or loss or damage to the property of any person who is upon the real estate or other premises for that purpose.

(c)  Other benefits unaffected.--This section does not affect the right of any person to receive benefits to which he would otherwise be entitled under this part or under the workmen's compensation laws or under any pension law, nor the right of any person to receive any benefits or compensation under any Federal law.

35c7705s

§ 7705.  Special powers of local agencies.

(a)  Roadway clearance.--Whenever the Governor shall have proclaimed a disaster emergency under section 7301(c) (relating to declaration of disaster emergency), officials of any political subdivision included in the disaster emergency shall have the authority to clear such roadways as are necessary for the health, safety and welfare of residents, even though such roadways are not officially the responsibility of such political subdivision. The political subdivision may be reimbursed for the cost of such clearing as provided in subsection (c).

(b)  Water systems.--Whenever the Governor shall have proclaimed a disaster emergency under section 7301(c) and in the event that a water system owned or operated by a political subdivision or municipal authority is damaged, destroyed or made inoperable as a direct result of such disaster emergency, the political subdivision or municipal authority shall have the authority to lease or hire such personnel and equipment as may be needed to effect restoration of such water system. The political subdivision or municipal authority may be reimbursed for the cost of such restoration as provided in subsection (c).

(c)  Reimbursement.--(Repealed).

(d)  Limitations.--Reimbursements pursuant to subsection (c) shall not be made to the extent that the Commonwealth, a political subdivision or a municipal authority may be eligible for assistance from the Federal Government.

35c7705v

(May 22, 1996, 2nd Sp.Sess., P.L.1761, No.1, eff. imd.; July 17, 2007, P.L.141, No.42, eff. imd.)

 

2007 Repeal.  Act 42 repealed subsec. (c).

1996 Amendment.  Act 1, 2nd Sp.Sess., amended subsec. (c).

35c7706s

§ 7706.  Compensation for accidental injury.

(a)  Benefits.--All duly enrolled emergency management volunteers, and such other volunteers as the agency shall by regulation qualify, who are not eligible to receive benefits under the Workmen's Compensation Laws shall be entitled, except during a state of war or period of armed conflict within the continental limits of the United States, to the following benefits relating to injuries sustained while actually engaged in emergency management activities and services or in or en route to and from emergency management tests, drills, exercises or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by the agency:

(1)  A sum of $20,000 for accidental injury directly causing or leading to death.

(2)  A sum not exceeding $15,000 for reimbursement for medical and hospital expenses associated with accidental injury.

(3)  Weekly payments of $200, not to exceed six months in duration, beginning on the eighth day of disability directly arising from accidental injury rendering the individual totally incapable of following his normal gainful pursuits.

(b)  Source of funds.--All benefits hereby authorized shall be paid out of funds appropriated to the agency. Payments shall be made on the basis of claims submitted to the agency through the Department of Labor and Industry in accordance with rules and orders promulgated and adopted by the agency.

35c7706v

(July 13, 1988, P.L.501, No.87, eff. imd.)

 

1988 Amendment.  Act 87 amended subsec. (a).

35c7707s

§ 7707.  Penalties.

(a)  General rule.--Any person violating any of the plans and programs adopted and promulgated by the Pennsylvania Emergency Management Council shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding $200 or imprisonment not exceeding 30 days or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days or both, for each subsequent offense.

(b)  Loss of funds.--Those political subdivisions in violation of section 7501 (relating to general authority of political subdivisions), section 7502 (relating to local coordinator of emergency management), section 7503 (relating to powers and duties of political subdivisions) or section 7504 (relating to coordination, assistance and mutual aid) shall, at the direction of the council, be subject to loss of Federal personnel and administrative funding for the remainder of the fiscal year in which conviction is established. Reinstatement of Federal personnel and administrative funding shall take place the year following approval of remedial action to the violation.

35c7708s

§ 7708.  Fire force disbanded in favor of volunteers.

(a)  General rule.--No county, city, borough, town or township which has paid employes on its fire force, including, but not limited to, fire apparatus operators, except by referendum, shall disband such fire force in favor of having such services performed by volunteers.

(b)  Question.--The following shall apply:

(1)  Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality to the county board of electors of the county wherein the municipality is located, an election shall be held in the municipality upon the following question:

Shall the (county, city, borough, town or township) disband the paid fire force in favor of having fire protection services performed by volunteers?

The petition calling for such election shall be in the form required by this section and shall be signed by electors of the municipality comprising 20% of the number of electors registered to vote in the municipality. Within five days after the final enactment of an ordinance authorizing such election, the municipal clerk or secretary shall file a certified copy of the ordinance with the county board of elections, together with a copy of the question to be submitted to the electors. At the next municipal or general or primary election occurring not less than the 13th Tuesday after the filing of the ordinance or the petition with the county election board, it shall cause the question in paragraph (1) to be submitted to the electors of the municipality as other questions are submitted under the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(2)  A referendum petition under this section shall be filed not later than the 13th Tuesday prior to the election, and the petition and the proceedings therein shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as such provisions are applicable, except that no petition shall be signed or circulated prior to the 20th Tuesday before the election nor later than the 13th Tuesday before the election.

(3)  A city of the third class may conduct a referendum under this section or, at the option of city council, under Article X of the act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code.

35c7708v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7708.

Special Provisions in Appendix.  See section 7(b.1)(6) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7709s

§ 7709.  Fires on State premises.

(a)  General rule.--When requested by a State officer or a deputy serving as custodian of the premises, a volunteer fire, ambulance and rescue company or any member thereof is authorized to enter Commonwealth-owned premises for the purpose of fighting a fire.

(b)  Free assistance.--The Attorney General shall provide free legal assistance to any volunteer fire, ambulance and rescue company or member thereof who has entered State lands and premises for the purpose of fighting a fire when such ambulance or rescue company or member thereof is joined as a defendant in any civil action arising out of the performance of his or its duty under this section in fighting a fire after entering State premises on proper request.

35c7709v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7709.

Special Provisions in Appendix.  See section 7(b.1)(7) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7710s

§ 7710.  Firefighters and Auxiliaries Day.

(a)  General rule.--In recognition of the invaluable services performed by more than 500,000 firefighters and the similar contributions made by their auxiliaries, the Sunday of the week designated by the Governor as Fire Prevention Week shall be Firefighters and their Auxiliaries Day. It is set aside to commemorate the tireless efforts of those dedicated men and women who brave incredible dangers so that all the citizenry can lead fruitful lives without fear of the devastating consequences of fire.

(b)  Proclamation.--The Governor shall issue a proclamation each year calling upon all Pennsylvanians to commemorate the too often unheralded gallantry and personal sacrifices of firefighters and their auxiliaries and to observe that day with appropriate honors, ceremonies and prayers.

35c7710v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7710.

Special Provisions in Appendix.  See section 7(b.1)(10) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7711s

§ 7711.  Firefighters' Memorial Flag.

(a)  Establishment.--There is established a Firefighters' Memorial Flag for this Commonwealth.

(b)  Description.--The flag established in subsection (a) shall be a field of blue with a gold keystone in the center which surrounds a Maltese cross, and, at the bottom of the blue field, in gold capital letters, there is shown the phrase, "Lest We Forget."

(c)  Use of flag.--The Firefighters' Memorial Flag may be displayed over firefighters' memorials, during firefighter funeral processions and from the poles of any public ground or political subdivision for a period of not more than seven days after the death of a firefighter and as further directed by the Pennsylvania State Fire Commissioner.

(d)  Agency responsibility.--The Pennsylvania Emergency Management Agency, through the Office of the Pennsylvania State Fire Commissioner, shall maintain the official flag and have the responsibility to implement the provisions of this section and oversee the production, acquisition and distribution of the flag.

(e)  Limitation.--Authorized utilization of the Firefighters' Memorial Flag by the Commonwealth or an entity thereof shall not constitute a presumption of eligibility nor be permissible as substantiating evidence for claims filed under the act of June 24, 1976 (P.L.424, No.101), referred to as the Emergency and Law Enforcement Personnel Death Benefits Act.

(f)  Appropriation.--The moneys necessary for the production, acquisition and distribution of the Firefighters' Memorial Flag in the first year shall be paid from period appropriations from the Pennsylvania Emergency Management Agency's budget as funds are required to support memorializing firefighters in this Commonwealth. Such funds are to be allocated to a segregated account maintained by the State Fire Commissioner.

35c7711v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7711.

Special Provisions in Appendix.  See section 7(b.1)(11) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7712s

§ 7712. Firefighters' Memorial Sunday.

The Sunday that marks the beginning of Fire Prevention Week of every year shall be designated "Firefighters' Memorial Sunday" to honor paid and volunteer firemen who have died during the previous year, either in the line of duty or of natural causes. If Fire Prevention Week begins on a day other than Sunday, the Sunday that falls within Fire Prevention Week shall be designated Firefighters' Memorial Sunday.

35c7712v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7712.

Special Provisions in Appendix.  See section 7(b.1)(12) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7713s

§ 7713.  Prohibition on certain service.

A person convicted of violating 18 Pa.C.S. § 3301 (relating to arson and related offenses) or any similar offense under Federal or State law shall be prohibited from serving as a firefighter in this Commonwealth and shall be prohibited from being certified as a firefighter under Subchapter F of Chapter 73 (relating to State Fire Commissioner). Proof of nonconviction must consist of either of the following:

(1)  An official criminal history record check obtained under 18 Pa.C.S. Ch. 91 (relating to criminal history record information) indicating no arson convictions.

(2)  A dated and signed statement by the person swearing to the following:

I have never been convicted of an offense that constitutes the crime of "arson and related offenses" under 18 Pa.C.S. § 3301 or any similar offense under any Federal or State law. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statement herein, I am subject to penalties prescribed by law, including, but not limited to, a fine of at least $1,000.

35c7713v

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days)

 

2010 Amendment.  Act 118 added section 7713.

Special Provisions in Appendix.  See section 7(b.1)(15) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

35c7801h

 

 

CHAPTER 78

GRANTS TO FIRE COMPANIES AND VOLUNTEER SERVICES

 

Subchapter

A.  Preliminary Provisions

B.  Fire Company Grant Program

C.  Volunteer Ambulance Service Grant Program

D.  Grant Funding Provisions

E.  Miscellaneous Provisions

 

Enactment.  Chapter 78 was added November 23, 2010, P.L.1181, No.118, effective in 60 days.

Chapter Heading.  The heading of Chapter 78 was amended June 29, 2012, P.L.663, No.78, effective immediately.

Special Provisions in Appendix.  See section 7(b.1)(14) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.

Cross References.  Chapter 78 is referred to in sections 7801, 7802, 7813, 7823, 7842 of this title; section 1408 of Title 4 (Amusements).

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

7801.  Scope of chapter.

7802.  Definitions.

35c7801s

§ 7801.  Scope of chapter.

This chapter relates to grants to fire companies and volunteer ambulance services.

35c7801v

(June 29, 2012, P.L.663, No.78, eff. imd.)

35c7802s

§ 7802.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Advanced life support services."  The term shall have the meaning given to it in Chapter 81 (relating to emergency medical services system).

"Agency."  The Pennsylvania Emergency Management Agency.

"Basic life support services."  The term shall have the meaning given to it in Chapter 81 (relating to emergency medical services system).

"Commissioner."  The State Fire Commissioner.

"Facility."  A structure or portion thereof intended for the purpose of storage or protection of firefighting apparatus, ambulances and rescue vehicles and related equipment and gear. The term does not include meeting halls, social halls, social rooms, lounges or any other facility not directly related to firefighting or the furnishing of ambulance or rescue services.

"Fire company."  A volunteer fire company or a municipal fire company located in this Commonwealth.

"Grant program."  The Fire Company Grant Program established in Subchapter B (relating to fire company grant program) or the Volunteer Ambulance Service Grant Program established in Subchapter C (relating to volunteer ambulance service grant program).

"Invalid coach."  The term shall have the meaning given to it in Chapter 81 (relating to emergency medical services system).

"Volunteer ambulance service."  Any nonprofit chartered corporation, association or organization located in this Commonwealth, which is licensed by the Department of Health and is not associated or affiliated with any hospital and which is regularly engaged in the provision of emergency medical services, including basic life support or advanced life support services and advanced life support squads as defined in 28 Pa. Code § 1005.1 (relating to general provisions). The term shall not include any corporation, association or organization that is primarily engaged in the operation of invalid coaches which are intended for the routine transport of persons who are convalescent or otherwise nonambulatory and do not ordinarily require emergency medical treatment while in transit.

"Volunteer fire company."  A nonprofit chartered corporation, association or organization located in this Commonwealth which provides fire protection or rescue services and which may offer other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.

"Volunteer rescue company."  A nonprofit chartered corporation, association or organization located in this Commonwealth that provides rescue services as part of the response to fires or vehicle accidents within this Commonwealth.

35c7802v

(June 29, 2012, P.L.663, No.78, eff. imd.)

 

2012 Amendment.  Act 78 amended the def. of "grant program" and added the def. of "fire company."

35c7811h

 

 

SUBCHAPTER B

FIRE COMPANY GRANT PROGRAM

 

Sec.

7811.  Establishment.

7812.  Publication and notice.

7813.  Award of grants.

7814.  Consolidation incentive.

 

Subchapter Heading.  The heading of Subchapter B was amended June 29, 2012, P.L.663, No.78, effective immediately.

Cross References.  Subchapter B is referred to in sections  7802, 7831, 7833, 7841 of this title.

35c7811s

§ 7811.  Establishment.

The Fire Company Grant Program is established and shall be administered by the agency in consultation with the commissioner. Grants provided under this program shall be used to improve and enhance the capabilities of the fire company to provide firefighting, ambulance and rescue services.

35c7811v

(June 29, 2012, P.L.663, No.78, eff. imd.)

35c7812s

§ 7812.  Publication and notice.

The agency shall publish notice of the grant program availability through the Legislative Reference Bureau for publication in the Pennsylvania Bulletin:

(1)  within 30 days of June 28, 2007, for the fiscal years beginning July 1, 2006, and July 1, 2007; and

(2)  by August 8 for fiscal years beginning after June 30, 2008.

35c7813s

§ 7813.  Award of grants.

(a)  Authorization.--The agency is authorized to make a grant award to each eligible fire company for the following:

(1)  Construction and renovation of the fire company's facility and purchase or repair of fixtures and furnishings necessary to maintain or improve the capability of the company to provide fire, ambulance and rescue services.

(2)  Repair of firefighting, ambulance or rescue equipment or purchase thereof.

(3)  Debt reduction associated with paragraph (1) or (2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Except as provided in paragraph (3), grants shall be not less than $2,500 and not more than $15,000 per fire company.

(2)  Grants may be awarded on a pro rata basis if the total dollar amount of the approved application exceeds the amount of funds appropriated by the General Assembly for this purpose.

(3)  In a municipality where there are two or more volunteer fire companies and if two or more volunteer fire companies consolidated their use of equipment, firefighters and services within five years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(c)  Time for filing application and department action.--

(1)  Within 30 days of June 28, 2007, for the fiscal years beginning July 1, 2006, and July 1, 2007, and by September 1 of each year thereafter, the agency shall provide written instructions for grants under this chapter to:

(i)  except as set forth in subparagraph (ii), the fire chief and president of every fire company; or

(ii)  in the case of a municipal fire company, the chief executive of the municipality.

(2)  Within 45 days of June 28, 2007, for the fiscal years beginning July 1, 2006, and July 1, 2007, and by September 8 of each year thereafter, the agency shall provide applications to individuals specified in paragraph (1). The application for the fiscal years commencing July 1, 2006, and July 1, 2007, shall be a combined application. Fire companies seeking grants under this chapter shall submit completed applications to the agency. The application period shall remain open for 45 days each year. The agency shall act to approve or disapprove applications within 60 days of the application submission deadline each year. Applications which have not been approved or disapproved by the agency within 60 days after the close of the application period each year shall be deemed approved.

(d)  Eligibility.--To receive grant funds under this chapter, a fire company shall have actively responded to one or more fire or rescue emergencies during the previous calendar year and must have signed and be under an agreement to actively participate in the Pennsylvania Fire Information Reporting System which is administered by the agency.

35c7813v

(June 29, 2012, P.L.663, No.78, eff. imd.)

 

2012 Amendment.  Act 78 amended subsecs. (a) intro. par., (b)(1) and (3), (c) and (d).

Cross References.  Section 7813 is referred to in section 7842 of this title.

35c7814s

§ 7814.  Consolidation incentive.

If, after July 31, 2003, two or more volunteer fire companies consolidate their use of facilities, equipment, firefighters and services, the consolidated entity may, upon notification of the agency, be eligible for a reduction of the interest rate payable on any outstanding principal balance owed, as of the date of consolidation, by any or all of the consolidating companies to the Volunteer Companies Loan Fund for loans made under the act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, or under Subchapter E of Chapter 73 (relating to volunteer fire company, ambulance service and rescue squad assistance). The reduction in the interest rate payable shall be from 2% to 1%. Upon receipt of such notification, the agency, in conjunction with the State Fire Commissioner, shall determine and verify that the consolidated entity is in fact a bona fide consolidated volunteer fire company. If the agency determines that the consolidated entity is a bona fide consolidated volunteer fire company, it shall reduce the interest rate payable on any outstanding principal balance owed to the Volunteer Companies Loan Fund for loans made under the former Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, or under Subchapter E of Chapter 73, for which the consolidating companies or the consolidated entity may be individually or jointly responsible. The agency may promulgate such rules and regulations as may be necessary to carry out the provisions of this section.

35c7814v

 

References in Text.  The act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, referred to in this section, was repealed by the act of November 23, 2010 (P.L.1181, No.118). The subject matter is now contained in Chapter 78 of this title.

35c7821h

 

 

SUBCHAPTER C

VOLUNTEER AMBULANCE SERVICE GRANT PROGRAM

 

Sec.

7821.  Establishment.

7822.  Publication and notice.

7823.  Award of grants.

 

Cross References.  Subchapter C is referred to in sections  7802, 7832, 7833, 7841 of this title.

35c7821s

§ 7821.  Establishment.

The Volunteer Ambulance Service Grant Program is established and shall be administered by the agency. Grants provided under this program shall be used to improve and enhance the capabilities of the volunteer ambulance services to provide ambulance, emergency medical, basic life support and advanced life support services.

35c7822s

§ 7822.  Publication and notice.

The agency shall publish notice of the grant program availability through the Legislative Reference Bureau for publication in the Pennsylvania Bulletin:

(1)  within 30 days of June 28, 2007, for the fiscal years beginning July 1, 2006, and July 1, 2007; and

(2)  by August 8 for fiscal years beginning after June 30, 2008.

35c7823s

§ 7823.  Award of grants.

(a)  Authorization.--The agency is authorized to make a grant award to each eligible volunteer ambulance service for the following:

(1)  Construction and renovation of the volunteer ambulance service's facility and purchase or repair of fixtures, furnishings, office equipment and support services necessary to maintain or improve the capability of the ambulance service to provide ambulance, emergency medical, basic life support and advanced life support services.

(2)  Repair of ambulance equipment or purchase thereof.

(3)  Debt reduction associated with paragraph (1) or (2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Grants shall be not less than $2,500 and not more than $10,000 per volunteer ambulance service.

(2)  Grants may be awarded on a pro rata basis if the total dollar amount of the approved application exceeds the amount of funds appropriated by the General Assembly for this purpose.

(3)  If two or more volunteer ambulance services consolidated their use of equipment, personnel and services within five years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(c)  Time for filing application and department action.--

(1)  Within 30 days of June 28, 2007, for the fiscal years commencing July 1, 2006, and July 1, 2007, and by September 1 of each year thereafter, the agency shall provide written instructions for grants under this chapter to the president of every volunteer ambulance service in this Commonwealth.

(2)  Within 45 days of the effective date of June 28, 2007, for the fiscal years commencing July 1, 2006, and July 1, 2007, and by September 8 of each year, the agency shall provide applications to the president of every volunteer ambulance service. The application for the fiscal years commencing July 1, 2006, and July 1, 2007, shall be a combined application. Volunteer ambulance services seeking grants under this chapter shall submit completed applications to the agency. The application period shall remain open for 45 days each year. The agency shall act to approve or disapprove applications within 60 days of the application submission deadline each year. Applications which have not been approved or disapproved by the agency within 60 days after the close of the application period each year shall be deemed approved.

35c7823v

 

Cross References.  Section 7823 is referred to in section 7842 of this title.

35c7831h

 

 

SUBCHAPTER D

GRANT FUNDING PROVISIONS

 

Sec.

7831.  Volunteer Fire Company Grant Program.

7832.  Volunteer Ambulance Service Grant Program.

7833.  Allocation of appropriated funds.

35c7831s

§ 7831.  Volunteer Fire Company Grant Program.

The sum of $22,000,000 of the amount appropriated to the agency for volunteer company grants under section 225 of the act of March 20, 2003 (P.L.463, No.1A), known as the General Appropriation Act of 2003, shall be expended for the purpose of making grants to eligible volunteer fire companies under Subchapter B (relating to volunteer fire company grant program).

35c7832s

§ 7832.  Volunteer Ambulance Service Grant Program.

The sum of $3,000,000 of the amount appropriated to the agency for volunteer company grants under section 225 of the act of March 20, 2003 (P.L.463, No.1A), known as the General Appropriation Act of 2003, shall be expended for the purpose of making grants to eligible volunteer ambulance companies under Subchapter C (relating to volunteer ambulance service grant program).

35c7832.1s

§ 7832.1.  Additional funding.

In addition to sums transferred from the State Gaming Fund, the sum of $5,000,000 shall be transferred annually from the Property Tax Relief Reserve Fund to the Fire Company Grant Program for the purpose of making grants to eligible fire companies under this subchapter.

35c7832.1v

(June 29, 2012, P.L.663, No.78, eff. imd.)

 

2012 Amendment.  Act 78 added section 7832.1.

35c7833s

§ 7833.  Allocation of appropriated funds.

(a)  Administration.--

(1)  Except as provided under paragraph (2), no money from the appropriation for grants shall be used for expenses or costs incurred by the agency for the administration of the grant programs authorized under Subchapters B (relating to fire company grant program) and C (relating to volunteer ambulance service grant program).

(2)  Notwithstanding paragraph (1), each fiscal year the commissioner may use an amount of up to $250,000 of the total amount of funds transferred or appropriated to the grant program under Subchapter B for the administrative costs to implement that grant program.

(b)  Grant allocation.--Unless otherwise expressly stated, money appropriated to the agency for purposes of company grants shall be allocated as follows:

(1)  Eighty-eight percent of the amount appropriated shall be used for making grants to eligible fire companies under Subchapter B.

(2)  Twelve percent of the amount appropriated shall be used for making grants to eligible volunteer ambulance companies under Subchapter C.

35c7833v

(June 29, 2012, P.L.663, No.78, eff. imd.)

 

2012 Amendment.  Act 78 amended subsecs. (a) and (b) intro. par. and (1).

35c7841h

 

 

SUBCHAPTER E

MISCELLANEOUS PROVISIONS

 

Sec.

7841.  Expiration of authority.

7842.  Special provisions.

35c7841s

§ 7841.  Expiration of authority.

The authority of the agency to award grants under Subchapters B (relating to fire company grant program) and C (relating to volunteer ambulance service grant program) shall expire June 30, 2016.

35c7841v

(June 29, 2012, P.L.663, No.78, eff. imd.)

35c7842s

§ 7842.  Special provisions.

(a)  Claim.--An applicant for a grant under this chapter who failed to return a signed agreement for the preceding year shall not be permitted to apply for a grant in the current year unless the applicant has provided the commissioner with a reasonable written explanation as to why it did not claim its grant.

(b)  Delinquency.--An applicant for a grant under this chapter who is delinquent in loan payments to the Pennsylvania Volunteer Loan Assistance Program established under the act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, shall agree to use its grant funds to pay any arrears to the Commonwealth or it will not be qualified to receive a grant. Any organization agreeing to this arrangement who fails to make the payment to the Commonwealth shall be disqualified from applying to the grant program for a period of three years.

(c)  Demonstration.--An applicant for a grant under this chapter must demonstrate that it complied with all of the terms of its grant agreement in the previous year regarding the use of the grant money it received in previous years or it shall not be eligible to receive a grant in the current year.

(d)  Approval.--An applicant shall not be approved for a grant to be used for purposes other than those stated in section 7813(a) (relating to award of grants) or 7823(a) (relating to award of grants).

35c7842v

 

References in Text.  The act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act, referred to in subsec. (b), was repealed by the act of November 23, 2010 (P.L.1181, No.118). The subject matter is now contained in Chapter 78 of this title.

35c7901h

 

 

CHAPTER 79

DISASTER EMERGENCY

ASSISTANCE

 

Subchapter

A.  Preliminary Provisions

B.  Public Disaster Assistance Grant Program

C.  Miscellaneous Provisions

 

Enactment.  Chapter 79 was added October 27, 2014, P.L.2899, No.187, effective immediately.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

7901.  Short title of chapter.

7902.  Legislative purpose.

7903.  Definitions.

7904.  Construction.

35c7901s

§ 7901.  Short title of chapter.

This chapter shall be known and may be cited as the Disaster Emergency Assistance Act.

35c7902s

§ 7902.  Legislative purpose.

It is the purpose of this chapter to create a program to provide assistance to political subdivisions and municipal authorities directly affected by natural and man-made disasters. Assistance will be limited to grants for projects that do not qualify for Federal assistance to help repair damages to public facilities. Grants will be made available by the agency in a disaster emergency area only when a Presidential disaster declaration is not covering the area.

35c7903s

§ 7903.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Adjusted loss."  The difference between:

(1)  eligible loss; and

(2)  covered loss.

"Agency."  The Pennsylvania Emergency Management Agency.

"Covered loss."  An amount received by or due the recipient from private insurance and Federal grants and loans, including applicable State matching funds, related to an eligible loss. The term does not include an insurance deductible paid by the recipient.

"Disaster emergency area."  An area included under a declaration of disaster emergency issued by the Governor under section 7301 (relating to general authority of Governor).

"Eligible loss."  Damage to a public facility caused by a natural or man-made disaster in a disaster emergency area.

"Man-made disaster."  Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, including oil spills and other environmental contamination, which threatens or causes substantial damage to property, individuals, loss of life or other hardships.

"Natural disaster."  Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe not resulting from a man-made cause which threatens or causes substantial damage to property or individuals, possible loss of life or other hardships.

"Program."  The Public Disaster Assistance Grant Program established under Subchapter B (relating to Public Disaster Assistance Grant Program).

"Public facility."  Any facility which is owned, operated or maintained by a political subdivision or municipal authority of this Commonwealth. The term shall include:

(1)  buildings and equipment;

(2)  bridges, roads, highways and public ways;

(3)  parks and recreational facilities;

(4)  power generation and distribution facilities, including natural gas systems, wind turbines, generators, substations and power lines;

(5)  sanitary sewer systems and wastewater treatment facilities;

(6)  drainage and flood control facilities;

(7)  water treatment, water storage and water distribution facilities; and

(8)  any other improvement or infrastructure.

35c7904s

§ 7904.  Construction.

Grants shall be made to political subdivisions or municipal authorities in a disaster emergency area for which no Presidential disaster declaration has been issued.

35c7921h

 

 

SUBCHAPTER B

PUBLIC DISASTER ASSISTANCE GRANT PROGRAM

 

Sec.

7921.  Establishment.

7922.  Eligibility.

7923.  Application for and issuance of grant.

7924.  Grant funds.

7925.  Use of grant funds.

7926.  Limitations.

 

Cross References.  Subchapter B is referred to in section 7903 of this title.

35c7921s

§ 7921.  Establishment.

The Public Disaster Assistance Grant Program is established within the agency to provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority.

35c7922s

§ 7922.  Eligibility.

To be eligible for a grant under this subchapter, a political subdivision or municipal authority must suffer eligible loss which is not covered by insurance.

35c7923s

§ 7923.  Application for and issuance of grant.

(a)  Application.--The procedure for applying for a grant under this subchapter shall be as follows:

(1)  A political subdivision or municipal authority must apply for a grant on a form furnished by the agency, setting forth the facts establishing eligibility and certifying that if approved all funds received will be used for purposes approved by the agency. An application under this paragraph is subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). The application must be submitted within 60 days following the declaration of a disaster emergency.

(2)  The agency shall investigate the application to determine eligibility.

(3)  Within 30 days of receipt of the application, the agency shall make an eligibility determination. An eligibility determination under this paragraph is a final order of the agency subject to review under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(b)  Issuance.--For each political subdivision or municipal authority determined to be eligible under subsection (a)(3), the agency shall verify the adjusted loss. The maximum grant allowed under the program is 50% of the adjusted loss.

35c7924s

§ 7924.  Grant funds.

Grants under this subchapter shall be made from funds appropriated by the General Assembly for the program and from other Federal or State funds the agency may receive for the program. The agency may use up to 3% of available program funds for the administration of the program.

35c7925s

§ 7925.  Use of grant funds.

Grant funds issued under the program may be used to assist in the repair or replacement of public facilities due to disaster-related damages. Funds may also be used for disaster-related debris removal or to demolish a public facility if the facility was made unsafe by the disaster.

35c7926s

§ 7926.  Limitations.

No grant under this subchapter shall be for an amount in excess of 25% of available program funds. If the amount of approved grant applications exceeds available program funds, grants shall be awarded on a pro rata basis.

35c7931h

 

 

SUBCHAPTER C

MISCELLANEOUS PROVISIONS

 

Sec.

7931.  Powers and duties of agency.

35c7931s

§ 7931.  Powers and duties of agency.

The agency shall have the following duties and responsibilities:

(1)  Administer this chapter.

(2)  Promulgate any regulations necessary to implement and administer this chapter which include:

(i)  Development of additional procedures or requirements for the submission of grant applications.

(ii)  Development of procedures to verify adjusted loss.

(iii)  Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority.

(iv)  Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.

35c8101h

 

 

 

PART VI

EMERGENCY MEDICAL SERVICES

 

Chapter

  81.  Emergency Medical Services System

 

Enactment.  Part VI was added August 18, 2009, P.L.308, No.37, effective in 180 days unless otherwise noted.

 

 

CHAPTER 81

EMERGENCY MEDICAL SERVICES SYSTEM

 

Subchapter

   A.  Preliminary Provisions

   B.  Program

   C.  Miscellaneous Provisions

 

Enactment.  Chapter 81 was added August 18, 2009, P.L.308, No.37, effective in 180 days unless otherwise noted. Under the provisions of 1 Pa.C.S. § 1105, Chapter 81 was renumbered from Chapter 72 October 22, 2009.

Special Provisions in Appendix.  See sections 5, 7 and 8 of Act 37 of 2009 in the appendix to this title for special provisions relating to continuation of prior law, promulgation of regulations and references in text.

Cross References.  Chapter 81 is referred to in sections 7802, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8111, 8112, 8113, 8119, 8121, 8122, 8123, 8124, 8125, 8126, 8129, 8138, 8141, 8142, 8151, 8153, 8154, 8155, 8156, 8157 of this title.

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

8101.  Short title of chapter.

8102.  Declaration of policy.

8103.  Definitions.

8104.  Emergency medical services system programs.

8105.  Duties of department.

8106.  Emergency medical services patient care reports.

8107.  Pennsylvania Trauma Systems Foundation.

8108.  State Advisory Board.

8109.  Regional emergency medical services councils.

35c8101s

§ 8101.  Short title of chapter.

This chapter shall be known and may be cited as the Emergency Medical Services System Act.

35c8102s

§ 8102.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  Emergency medical services are an essential public service and frequently the health care safety net for many Commonwealth residents.

(2)  It is in the public interest to assure that there are high quality and coordinated emergency and urgent medical services readily available to the residents of this Commonwealth to prevent premature death and reduce suffering and disability which arise from severe illness and injury.

(3)  The public interest under paragraph (2) is best achieved through a regulated and coordinated emergency medical services system.

(4)  Transportation of both emergency and nonemergency patients is an integral part of the health care delivery system in this Commonwealth, and it is in the public interest that the emergency medical services system serve all persons in this Commonwealth who:

(i)  require medical care to address illness or injury;

(ii)  need transportation to a hospital or other health care facility to receive that care; and

(iii)  require medical assessment, monitoring, assistance, treatment or observation during transportation.

(5)  It serves the public interest if the emergency medical services system is able to quickly adapt and evolve to meet the needs of the residents of this Commonwealth for emergency and urgent medical care and to reduce their illness and injury risks.

(6)  It serves the public interest if the emergency medical services system provides community-based health promotion services that are integrated with the overall health care system.

(7)  Emergency medical services should be acknowledged, promoted and supported as an essential public service.

(8)  This chapter shall be liberally construed to establish and maintain an effective and efficient emergency medical services system which is accessible on a uniform basis to residents of this Commonwealth and to visitors to this Commonwealth.

(9)  Residents of this Commonwealth and visitors to this Commonwealth should have prompt and unimpeded access to urgent and emergency medical care throughout this Commonwealth.

(10)  The Department of Health should continually assess and, as needed, revise the functions of emergency medical services agencies and providers and other components of the emergency medical services system that it regulates under this chapter to:

(i)  improve the quality of emergency medical services provided in this Commonwealth;

(ii)  have the emergency medical services system adapt to changing needs of the residents of this Commonwealth; and

(iii)  promote the recruitment and retention of persons willing and qualified to serve as emergency medical services providers in this Commonwealth.

(11)  The emergency medical services system should be fully integrated with the overall health care system, and in particular with the public health system, to identify, modify and manage illness and injury and illness and injury risks.

35c8103s

§ 8103.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Advanced emergency medical services."  Emergency medical services exceeding the scope of practice of an emergency medical technician.

"Advanced emergency medical technician."  An individual who is certified by the Department of Health as an advanced emergency medical technician.

"Advanced life support squad vehicle."  A vehicle which:

(1)  is maintained or operated to transport emergency medical service providers above the advanced emergency medical technician level, equipment and supplies to rendezvous with the crew of an ambulance for the purpose of providing advanced emergency medical services to patients; and

(2)  is not used in the transportation of patients.

"ALS."  Advanced life support.

"Ambulance."  A ground, water or air vehicle which is maintained or operated for the purpose of providing emergency medical services to and transportation of patients.

"Ambulance attendant."  An individual who is 16 years of age or older and satisfies one of the following:

(1)  Possesses a certificate evidencing successful completion of an advanced first aid course sponsored by the American Red Cross and a current certificate evidencing successful completion of a cardiopulmonary resuscitation course acceptable to the Department of Health.

(2)  Possesses a current certificate evidencing successful completion of a course determined by the Department of Health to be equivalent to the requirements in paragraph (1).

"Basic emergency medical services" or "basic EMS."  Emergency medical services included within, but not exceeding, the scope of practice of an emergency medical technician.

"Basic life support squad vehicle."  A vehicle which:

(1)  is maintained or operated to transport emergency medical services providers, equipment and supplies to rendezvous with the crew of an ambulance for the purpose of providing emergency medical services at or below the advanced emergency medical technician level to patients; and

(2)  is not used in the transportation of patients.

"BLS."  Basic life support.

"Board."  The State Advisory Board, which is the Board of Directors of the Pennsylvania Emergency Health Services Council.

"Commonwealth emergency medical services medical director" or "Commonwealth EMS medical director."  A physician who is approved and employed by the Department of Health to advise and formulate policy on matters pertaining to emergency medical services.

"Department."  The Department of Health of the Commonwealth.

"Emergency."  A physiological or psychological illness or injury of an individual, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate emergency medical services to result in:

(1)  placing the health of the individual or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;

(2)  serious impairment of bodily functions; or

(3)  serious dysfunction of a bodily organ or part.

"Emergency medical responder" or "EMR."  An individual who is certified by the Department of Health as an emergency medical responder.

"Emergency medical services" or "EMS."  Any of the following:

(1)  The medical care, including medical assessment, monitoring, treatment, transportation and observation, which may be provided to a person in responding to an actual or reported emergency to:

(i)  prevent or protect against loss of life or a deterioration in physiological or psychological condition; or

(ii)  address pain or morbidity associated with the person's condition.

(2)  The transportation of an individual with medical assessment, monitoring, treatment or observation of the individual who, due to the individual's condition, requires medical assessment, monitoring, treatment or observation during the transport.

"Emergency medical services agency" or "EMS agency."  An entity that engages in the business or service of providing emergency medical services to patients within this Commonwealth by operating any of the following:

(1)  An ambulance.

(2)  An advanced life support squad vehicle.

(3)  A basic life support squad vehicle.

(4)  A quick response service.

(5)  A special operations EMS service. This paragraph includes, but is not limited to:

(i)  a tactical EMS service;

(ii)  a wilderness EMS service;

(iii)  a mass-gathering EMS service; and

(iv)  an urban search and rescue EMS service.

(6)  A vehicle or service which provides emergency medical services outside of a health care facility, as prescribed by the Department of Health by regulation.

"Emergency medical services agency medical director" or "EMS agency medical director."  A physician who is employed by, contracts with or volunteers with an emergency medical services agency either directly or through an intermediary to:

(1)  evaluate the quality of patient care provided by the emergency medical services providers utilized by the emergency medical services agency; and

(2)  provide medical guidance and advice to the emergency medical services agency.

"Emergency medical services provider" or "EMS provider."  Any of the following:

(1)  An emergency medical responder.

(2)  An emergency medical technician.

(3)  An advanced emergency medical technician.

(4)  A paramedic.

(5)  A prehospital registered nurse.

(6)  A prehospital physician extender.

(7)  A prehospital emergency medical services physician.

(8)  An individual prescribed by regulation of the Department of Health to provide specialized emergency medical services.

"Emergency medical services system" or "EMS system."  The arrangement of personnel, facilities and equipment to prevent and manage emergencies in a geographic area.

"Emergency medical services vehicle operator" or "EMS vehicle operator."  An individual certified by the Department of Health to operate a ground emergency medical services vehicle.

"Emergency medical technician" or "EMT."  An individual who is certified by the Department of Health as an emergency medical technician.

"Facility."  A physical location at which an entity operates a health care facility licensed under Federal or State law.

"Foundation."  The Pennsylvania Trauma Systems Foundation, a nonprofit Pennsylvania corporation whose function is to accredit trauma centers that receive or seek to receive Commonwealth funds.

"Hospital."  An institution having an organized medical staff that is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation of injured, disabled, pregnant, diseased, sick or mentally ill persons. The term includes a facility for the diagnosis and treatment of disorders within the scope of specific medical specialties. The term does not include a facility caring exclusively for the mentally ill.

"Medical command facility."  A distinct unit which contains the necessary equipment and personnel for providing medical command to and control over emergency medical services providers.

"Medical command order."  An order issued by a medical command physician to an emergency medical services provider who is functioning on behalf of an emergency medical services agency.

"Medical command physician."  A physician certified by the Department of Health to give medical command orders to emergency medical services providers.

"Medical monitoring."  Performing continuous or periodic observations of an individual's condition or continuation of an ordered treatment plan for an individual to prevent pain, suffering or the exacerbation of a preexisting condition.

"Medical observation."  Performing continuous or periodic observations of an individual's stable condition to determine whether there is a change in that condition.

"Paramedic."  An individual who is certified by the Department of Health as a paramedic.

"Patient."  An individual for whom an emergency medical services provider is:

(1)  providing emergency medical services on behalf of an EMS agency; or

(2)  required to provide emergency medical services on behalf of an EMS agency because the individual's condition requires or may require medical observation, monitoring, assessment or treatment for an illness, disease, injury or other disability.

"Peer review."  The evaluation by health care providers of the quality and efficiency of services ordered or performed by emergency medical services providers and physicians who direct or supervise EMS providers under this chapter and the regulations of the Department of Health.

"Physician."  A person who has a currently registered license to practice medicine or osteopathic medicine in this Commonwealth.

"Prehospital emergency medical services physician" or "prehospital EMS physician."  A physician who is certified by the Department of Health as a prehospital emergency medical services physician.

"Prehospital physician extender" or "PHPE."  A physician assistant who is certified by the Department of Health as a prehospital physician extender.

"Prehospital registered nurse" or "PHRN."  A registered nurse who is certified by the Department of Health as a prehospital registered nurse.

"Quick response service" or "QRS."  An operation in which emergency medical services providers of an EMS agency:

(1)  respond to an actual, reported or perceived emergency; and

(2)  provide emergency medical services to patients pending the arrival of an ambulance.

"Regional emergency medical services council" or "regional EMS council."  A nonprofit incorporated entity or appropriate equivalent that is assigned by the Department of Health to:

(1)  plan, develop, maintain, expand and improve emergency medical services systems within a specific geographic area of this Commonwealth; and

(2)  coordinate those systems into a regional emergency medical services system.

"Regional emergency medical services medical director" or "regional EMS medical director."  The medical director of a regional emergency medical services council.

"Review organization."  A committee which engages in peer review as authorized by the regulations of the Department of Health.

"Rural area."  An area outside urbanized areas as defined by the United States Bureau of the Census.

"Special care unit."  An appropriately equipped area of a hospital where provisions have been made for a concentration of physicians, nurses and others who have special skills and experiences to provide medical care for critically ill patients.

"Trauma center."  A facility accredited as a trauma center by the Pennsylvania Trauma Systems Foundation.

35c8103v

 

Cross References.  Section 8103 is referred to in section 304 of Title 53 (Municipalities Generally).

35c8104s

§ 8104.  Emergency medical services system programs.

(a)  Planning and coordination.--The department shall plan, guide and coordinate programs on the following matters to promote effective and efficient operation of Statewide and regional EMS systems:

(1)  The number and distribution of EMS providers and other persons integral to an EMS system, such as medical command physicians and EMS agency medical directors, with appropriate training and experience.

(2)  Reasonably accessible training for EMS providers and other persons integral to an EMS system, including clinical training and continuing education programs coordinated with other programs providing similar, complementary and supplemental training and education.

(3)  The joining of personnel, facilities and equipment coordinated through a communication system to ensure that EMS requests will be handled by communications facilities that:

(i)  utilize emergency medical telecommunications screening to determine the appropriate emergency agency response;

(ii)  are accessible to the general public through a common telephone number and, where feasible, through the universal emergency telephone number 911; and

(iii)  will have direct communications with appropriate personnel facilities and equipment resources.

(4)  The number and distribution of ambulances and other EMS vehicles in which:

(i)  ambulances and other vehicles meet appropriate criteria relating to location, design, performance and equipment; and

(ii)  operators and other personnel staffing vehicles meet appropriate training and experience requirements.

(5)  The number and accessibility of facilities that:

(i)  are collectively capable of providing EMS on a continuous basis;

(ii)  have appropriate specialty capabilities;

(iii)  meet appropriate standards relating to capacity, location, personnel and equipment; and

(iv)  are coordinated with other health care facilities and resource centers.

(6)  Access and transportation to trauma centers and specialty care receiving facilities.

(7)  Transfer of patients between facilities or to programs offering necessary follow-up care and rehabilitation.

(8)  Utilization of appropriate personnel, facilities and equipment of each entity providing EMS.

(9)  Regional EMS councils that provide persons residing in an EMS region, and who have no professional or financial interest in the provision of health care, with an adequate opportunity to participate in the making of policy for the regional EMS system.

(10)  The provision of EMS to all persons requiring those services.

(11)  A standardized data collection system that covers all phases of the EMS incident, including, but not limited to, the dispatch report and contact, treatment and transport of a patient in the EMS system.

(12)  Programs of public education, information and prevention, integrated with public health education and taking into account needs of visitors and residents, concerning methods for accessing EMS and stressing dissemination of information as to first aid and cardiopulmonary resuscitation.

(13)  The provision of periodic comprehensive review and evaluation of the extent and quality of the EMS provided in each regional EMS system and reports to the department of each review or evaluation.

(14)  Plans to assure that each regional EMS system will be able to provide or secure EMS during mass casualty situations, natural disasters and declared states of emergency in accordance with Chapter 71 (relating to general provisions) and the instructions of the Pennsylvania Emergency Management Agency.

(15)  Appropriate intrastate and interstate arrangements for the provision of EMS as needed.

(b)  Limitations.--This section is intended to identify EMS objectives to be pursued and achieved by the department in its role as lead agency for EMS. Nothing herein shall be construed to confer regulatory powers upon the department beyond those conferred elsewhere in this chapter.

35c8104v

 

Cross References.  Section 8104 is referred to in sections 8106, 8109 of this title.

35c8105s

§ 8105.  Duties of department.

(a)  Duty.--It shall be the duty of the department to assist in the development of local EMS systems; plan, guide and coordinate the development of regional EMS systems into a unified Statewide system; and coordinate systems in this Commonwealth with similar systems in neighboring states.

(b)  Authority.--The department shall be the lead agency for EMS in this Commonwealth. The department is authorized to:

(1)  Coordinate a program for planning, developing, maintaining, expanding, improving and upgrading EMS systems in this Commonwealth.

(2)  Establish, by regulation, standards and criteria governing the awarding and administration of contracts and grants under this chapter for initiation, maintenance and improvement of regional EMS systems.

(3)  Require collection and maintenance of patient data and information in EMS patient care reports by EMS agencies.

(4)  Collect, as deemed necessary and appropriate, data and information regarding patients who utilize emergency departments without being admitted to the facility and patients admitted through emergency departments, trauma centers or directly to special care units, in a manner that protects and maintains the confidential nature of patient records. The data and information shall be reasonable in detail and shall be collected pursuant to regulations issued by the department. Data and information shall be limited to that which may be used for specific planning, research and quality improvement purposes and shall not be duplicative of data and information already available to the department.

(5)  Prepare and revise a Statewide EMS system plan under section 8111 (relating to comprehensive plan).

(6)  Define and approve training programs and accredit educational institutions for EMS training of EMS providers.

(7)  Provide technical assistance to local governments, EMS agencies and other entities for the purpose of assuring effective planning and execution of EMS.

(8)  Administer contracts and grants authorized under this chapter and other grants pertaining to EMS.

(9)  Establish standards for the licensing, registration and operation of EMS agencies and inspect EMS agencies for compliance with this chapter and regulations adopted under this chapter.

(10)  Maintain a quality improvement program for the purpose of monitoring and improving the delivery of EMS.

(11)  Promulgate regulations to establish standards and criteria for EMS systems.

(12)  Integrate all trauma centers accredited pursuant to section 8107 (relating to Pennsylvania Trauma Systems Foundation) into the Statewide EMS system.

(13)  Recommend to 911 and other EMS agency dispatchers protocols with respect to the type and quantity of EMS resources to dispatch to emergencies.

(14)  Investigate, based upon complaints and information received, possible violations of this chapter and regulations under this chapter and take disciplinary actions, seek injunctions and refer matters for criminal prosecution.

(15)  Investigate complaints concerning delivery of services by trauma centers and forward investigation results to the appropriate accrediting entity with a recommendation for action.

(16)  Enter into agreements with other states which may include, as appropriate to effectuate the purposes of this chapter, the acceptance of EMS resources of other states that do not fully satisfy the requirements of this chapter or regulations adopted under this chapter.

(c)  EMS protocols.--The department shall establish criteria and protocols, including bypass protocols, for evaluation, triage, treatment, transport, transfer and referral of patients to ensure that they receive appropriate EMS and are transported to the most appropriate facility. Regional EMS councils shall not be eligible for contracts or grant funds or State EMS Operating Fund disbursements unless they assist in ensuring regional implementation of the criteria and protocols. Protocols under this subsection are not subject to the rulemaking process.

35c8105v

 

Cross References.  Section 8105 is referred to in sections 8106, 8128 of this title.

35c8106s

§ 8106.  Emergency medical services patient care reports.

(a)  Preparation.--An EMS agency shall ensure that its responding EMS providers complete an EMS patient care report for each response made in which it encounters a patient or a person who has been identified as a patient to the EMS agency, unless the department by regulation exempts certain types of patient contact from the reporting requirement. The department shall employ an electronic EMS patient care reporting process that shall solicit standardized data and patient information. The department may require an EMS agency to complete a different standardized report or different fields in a standardized report based upon the type of resources the EMS agency uses in responding. The department shall permit an EMS agency to file a paper report for extraordinary reasons as determined by the department on a case-by-case basis.

(b)  Content.--The report shall contain information as solicited on the form or other reporting process developed by the department. The reporting process shall solicit essential information in reasonable detail. The department may also use the reporting process to collect data to enhance its ability to carry out its responsibilities under sections 8104 (relating to emergency medical services system programs) and 8105 (relating to duties of department).

(c)  Patient medical record.--If a patient is transported to a hospital or from a hospital to another health care facility, information about the patient and EMS performed on the patient that is solicited through the reporting process shall be provided by the EMS agency to the hospital or other health care facility and become part of the patient's medical record.

(d)  Reporting.--An EMS agency shall report to the department or a regional EMS council, as determined by department regulation, data that is solicited through the reporting process.

(e)  Confidentiality.--

(1)  Patient information collected by an EMS agency shall be confidential and shall not be released by the EMS agency or a health care facility except as follows:

(i)  To the patient who is the subject of the report or to a person who is authorized to exercise the rights of the patient with respect to securing the report.

(ii)  Pursuant to an order of a court of competent jurisdiction, including a subpoena when it constitutes a court order, except that disclosure pursuant to a subpoena shall not be permitted as to information in the report that is of such nature that disclosure pursuant to a subpoena is not otherwise authorized by law.

(iii)  To a health care provider to whom a patient's medical record may be released under the law.

(iv)  For billing purposes.

(v)  For quality improvement activities.

(vi)  To the department or a regional EMS council for the purpose of investigating possible violations of this chapter or related regulations.

(vii)  To a government agency or its agent, as authorized by the department, for the purpose of the agency performing official government duties.

(2)  Notwithstanding the duty of confidentiality applicable to department and regional EMS councils concerning reports under paragraph (1), the report may be released for specific research or EMS planning purposes approved by the department, subject to department approval and supervision to ensure that use of the report is strictly limited to the purposes of the research.

(f)  Vendors.--A vendor may not sell or otherwise provide or offer reporting forms or software marketed as appropriate for use in making reports required under this section unless the vendor submits the product to the department for review and receives department approval. Thereafter, the vendor shall submit any modification of the product to the department for review and approval if the vendor intends to offer the modified product for use in the EMS patient care reporting process. If the department makes changes to the EMS patient care report, it shall publish a notice of the changes in the Pennsylvania Bulletin. The effective date for the changes shall be no fewer than 60 days following publication. After publication of changes, a vendor may not market a product as one appropriate for use in making an EMS patient care report, any reporting forms or software approved by the department prior to publication of the changes, unless the vendor clearly discloses that the forms or software were approved prior to publication of the changes. The department may assess a vendor a $5,000 civil penalty for each day a vendor violates the provisions of this subsection.

35c8106v

 

Cross References.  Section 8106 is referred to in section 8109 of this title.

35c8107s

§ 8107.  Pennsylvania Trauma Systems Foundation.

(a)  Trauma center accreditation.--The foundation shall develop a private voluntary accreditation program to:

(1)  Establish standards for the operation of trauma centers that receive or seek to receive Commonwealth funds, adopting, at a minimum, current guidelines for trauma centers defined by the American College of Surgeons. Additionally, Level III trauma centers shall meet accreditation criteria for Level III trauma centers imposed by the act of March 24, 2004, (P.L.148, No.15), known as the Pennsylvania Trauma Systems Stabilization Act. For the purpose of reaccreditation, the standards shall require, at a minimum, that each Level I trauma center establish that 600 severe and urgent injury cases have been treated per year and each Level II trauma center establish that 350 severe and urgent injury cases have been treated per year.

(2)  Evaluate a hospital making application to the foundation to determine if the hospital meets the foundation's standards. An evaluation shall include hospital site visits by accreditation survey teams composed of independent, qualified persons selected by the foundation.

(3)  Issue certificates of accreditation to hospitals that meet the accreditation standards. Certificates of accreditation shall be valid for a period not to exceed three years. Certificates of accreditation may be revoked by the foundation if it is determined that the trauma center no longer meets accreditation standards as set forth in this chapter.

(4)  Establish an appeal mechanism for reconsideration of accreditation decisions.

(b)  Judicial review.--A person aggrieved by a determination of the foundation under this section may file a petition for review within 30 days in an appropriate court of common pleas.

(c)  Prohibition.--No hospital shall hold itself out as a trauma center unless it has a current certificate of accreditation issued under this section.

(d)  Board of directors.--The board of directors of the foundation shall consist of the following voting members: five representatives of State organizations representing physicians; five representatives of State organizations representing hospitals; three representatives of State organizations representing registered professional nurses; two representatives of other Statewide EMS organizations having expertise in the delivery of trauma services; the chairman and minority chairman of the Public Health and Welfare Committee of the Senate or designees chosen from among the members of the committee; the chairman and minority chairman of the Health and Human Services Committee of the House of Representatives or designees chosen from among the members of the committee; and the Secretary of Health or a designee. The bylaws of the foundation shall identify a method to select members to achieve professional and geographic balance on the board of directors. Terms of office shall be limited to three years.

(e)  Data collection.--The foundation shall compile and maintain statistics on mortality and morbidity on multisystem trauma victims. The data collection shall be coordinated and performed in conjunction with State data collection activities.

35c8107v

 

Cross References.  Section 8107 is referred to in section 8105 of this title.

35c8108s

§ 8108.  State Advisory Board.

(a)  Designation and composition.--The board shall be composed of volunteer, professional and paraprofessional organizations involved in EMS. The board shall be geographically representative of the provider organizations that represent EMS providers, firefighters, regional EMS councils, physicians, hospital administrators and other health care providers concerned with EMS. The board may be composed of up to 30 organizations. Each organization that is a member of the Pennsylvania Emergency Health Services Council and is elected to serve as a member on the board shall have one vote on the board.

(b)  Duties.--The duties of the board shall be to:

(1)  Elect officers.

(2)  Advise the department concerning manpower and training, communications, EMS agencies, content of regulations, standards and policies promulgated by the department under this chapter and other subjects deemed appropriate by the department.

(3)  Serve as the forum for discussion on the content of the Statewide EMS system plan, or any proposed revisions thereto, and advise the department as to the content of the plan.

(c)  Open meetings.--Meetings of the board shall be held in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(d)  Terms.--A voting member of the board shall serve a three-year term. A voting member shall not serve more than two consecutive terms.

(e)  Quorum.--A simple majority of the voting members of the board shall constitute a quorum for the transaction of business.

(f)  Compensation.--Members of the board shall serve without compensation, except the Pennsylvania Emergency Health Services Council, through its contract or grant with the department, may pay necessary and reasonable expenses incurred by members of the board while performing their official duties.

(g)  Contracts and grants.--The department shall contract with or provide a grant to the board for performance of its work under subsection (b). Contracts and grants between the department and the board for the performance of work other than under subsection (b) shall be subject to section 8112 (relating to contracts and grants) where applicable.

35c8109s

§ 8109.  Regional emergency medical services councils.

(a)  Purpose.--Regional EMS councils shall assist the department in carrying out the provisions of this chapter. Each regional EMS council shall adhere to policy direction from the department.

(b)  Organization.--For purposes of this chapter, the organizational structure of a regional EMS council shall be representative of the public, health professions and major private and public voluntary agencies, organizations and institutions concerned with providing EMS in the region and shall be one of the following:

(1)  A unit of general local government, with an advisory council, meeting requirements for representation.