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TABLE OF CONTENTS

 

TITLE 35

HEALTH AND SAFETY

 

PART III.  PUBLIC SAFETY

 

Chapter 53.  Emergency Telephone Service

 

§ 5301.  Scope of chapter.

§ 5302.  Definitions.

§ 5303.  Telecommunications management.

§ 5304.  Counties.

§ 5304.1. Pennsylvania State Police.

§ 5305.  County plan.

§ 5306.  Special public meeting.

§ 5307.  Collection and disbursement of contribution.

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems.

§ 5309.  Telephone records.

§ 5310.  Penalty.

§ 5311.  (Reserved).

§ 5311.1. Immunity.

§ 5311.2. Powers and duties of agency.

§ 5311.3. Advisory committee.

§ 5311.4. Wireless E-911 Emergency Services Fund.

§ 5311.5. Disbursement of fund amounts by agency.

§ 5311.6. Reporting.

§ 5311.7. Public disclosure and confidentiality of information.

§ 5311.8. Wireless provider and VoIP provider records.

§ 5311.9. Immunity.

§ 5311.10. Agency funding for wireless E-911 support.

§ 5311.11. Rate regulation.

§ 5311.12. Regulations.

§ 5311.13. Enforcement.

§ 5311.14. Collection and disbursement of VoIP 911 fee.

§ 5312.  (Reserved).

§ 5312.1. Legislative study.

§ 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  Use and appropriation of unused Commonwealth funds (Repealed).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  Pennsylvania State Fire Commissioner (Repealed).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  Pennsylvania State Fire Academy (Repealed).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  Pennsylvania Volunteer Loan Assistance Program (Repealed).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.

 

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.  Emergency Telephone Service

 

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

 

 

CHAPTER 53

EMERGENCY TELEPHONE SERVICE

 

Sec.

5301.  Scope of chapter.

5302.  Definitions.

5303.  Telecommunications management.

5304.  Counties.

5304.1. Pennsylvania State Police.

5305.  County plan.

5306.  Special public meeting.

5307.  Collection and disbursement of contribution.

5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems.

5309.  Telephone records.

5310.  Penalty.

5311.  (Reserved).

5311.1. Immunity.

5311.2. Powers and duties of agency.

5311.3. Advisory committee.

5311.4. Wireless E-911 Emergency Services Fund.

5311.5. Disbursement of fund amounts by agency.

5311.6. Reporting.

5311.7. Public disclosure and confidentiality of information.

5311.8. Wireless provider and VoIP provider records.

5311.9. Immunity.

5311.10. Agency funding for wireless E-911 support.

5311.11. Rate regulation.

5311.12. Regulations.

5311.13. Enforcement.

5311.14. Collection and disbursement of VoIP 911 fee.

5312.  (Reserved).

5312.1. Legislative study.

5398.  Termination.

 

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

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.

Cross References.  Chapter 53 is referred to in sections 5301, 5302, 5303, 5304, 5304.1, 5305, 5306, 5307, 5309, 5311.3, 5311.4, 5311.5, 5311.9, 5311.10, 5311.11, 5311.12, 5311.13, 5312.1, 5398 of this title.

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 system."  A system, including enhanced 911 service, but excluding a wireless E-911 system, which permits a person dialing 911 by telephone to be connected to a public safety answering point, via normal telephone facilities, for the reporting of police, fire, medical or other emergency situations.

"Advisory committee."  The E-911 Emergency Services Advisory Committee.

"Agency."  The Pennsylvania Emergency Management Agency.

"ALI."  Automatic location information.

"ANI."  Automatic number identification.

"Associated with Pennsylvania."  The term shall mean:

(1)  In the case of the mobile telephone number (MTN), the geographical location associated with the first six digits or NPA-NXX of the MTN.

(2)  In the case of a customer service address, the physical location of the address.

"Automatic location information."  The delivery or receipt of the street address of the telephone or the geographic location of the wireless device, as specified in the FCC E-911 Order, being used to place a call to a 911 system or to a wireless E-911 system.

"Automatic number identification."  The delivery or receipt of the telephone number assigned to the telephone or wireless device being used to place a call to a 911 system or to a wireless E-911 system.

"Commission."  The Pennsylvania Public Utility Commission.

"Competitive local exchange carrier."  A local exchange carrier that has been certificated as a competitive local exchange carrier by the Pennsylvania Public Utility Commission.

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

"Contribution rate."  A fee assessed against a telephone subscriber for the nonrecurring costs, maintenance and operating costs of a 911 system.

"Council."  The Pennsylvania Emergency Management Council.

"County."  The term shall include a city of the first class coterminous with a county.

"County plan."  A document submitted by the county on a triennial basis to the Pennsylvania Emergency Management Agency outlining its proposed and existing wireline and wireless 911 and E-911 systems and procedures, including a contribution rate, for the forthcoming three years.

"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, using 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 "E-911."  Emergency telephone service providing for automatic identification of caller location and calling number.

"FCC E-911 Order."  All of the following:

(1)  All orders 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) and any successor proceeding.

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

"Fund."  The Wireless E-911 Emergency Services Fund.

"Interconnected Voice over Internet Protocol provider."  A person engaged in the business of providing VoIP service to end-use customers 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 or E-911 service to VoIP service customers or further defines interconnected Voice over Internet Protocol service.

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

"Interexchange carrier."  A person that is authorized by the Pennsylvania Public Utility Commission to provide long-distance telecommunications service.

"Local exchange carrier."  A person, including a competitive local exchange carrier, that is authorized by the Pennsylvania Public Utility Commission to provide local exchange telecommunications service or exchange access.

"Local exchange telephone service."  The provision of telephonic message transmission within an exchange, as defined and described in tariffs filed with and approved by the Pennsylvania Public Utility Commission.

"Mobile telephone number" or "MTN."  The telephone number assigned to a wireless telephone at the time of initial activation.

"NPA-NXX."  The first six digits of a ten-digit telephone number, including a mobile telephone number, representing the area code and exchange of the telephone number.

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

"Prepaid wireless device."  A wireless telephone that is purchased strictly for the purpose of initiating a prepaid calling service. The term does not include traditional wireless devices used for monthly calling plans.

"Prepaid wireless E-911 surcharge."  The charge that is required to be collected by a seller from a consumer in the amount established under section 5311.4(b.1) (relating to Wireless E-911 Emergency Services Fund).

"Prepaid wireless provider."  A person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.

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

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

(2)  Is 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."  The street address representative of where the customer's use of the VoIP service primarily occurs. For the purpose of VoIP 911 fees, primary place of use is the customer's registered location on the date the customer is billed.

"PSAP."  A public safety answering point.

"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."  The agency-approved first point at which calls for emergency assistance from individuals are answered and which is operated 24 hours a day.

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

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

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

"Telephone subscriber."  A person who contracts with a local exchange carrier within this Commonwealth for residential or commercial local exchange telephone service. If the same person has several telephone dial tone access lines, each dial tone access line shall constitute a separate subscription. For purposes of the contribution rate, the term shall not include pay stations owned or operated by a regulated public utility, or nonpublic utilities as the term is used in 66 Pa.C.S. § 2913(b) (relating to minimum service requirement).

"Vendor."  A person other than a local exchange carrier or a wireless provider who supplies 911 or wireless E-911 system services or equipment.

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

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

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

"Wireless E-911 service."  Service provided by a wireless provider, pursuant to the FCC E-911 Order.

"Wireless E-911 State plan."  A document to be prepared, maintained and kept current by the Pennsylvania Emergency Management Agency providing for all aspects of the development, implementation, operation and maintenance of a Statewide integrated wireless E-911 system, including the exclusive authority to formulate technical standards and determine permitted uses of and amounts disbursed from the Wireless E-911 Emergency Services Fund.

"Wireless E-911 surcharge."  A monthly fee assessed upon each wireless service customer, other than a prepaid wireless seller, provider or consumer, subject to the prepaid wireless E-911 surcharge under section 5311.4(b.1) (relating to Wireless E-911 Emergency Services Fund), for each wireless two-way communication device for which that customer is charged by a wireless provider for wireless service.

"Wireless E-911 system."  An E-911 system which permits wireless service customers dialing 911 to be connected to a public safety answering point for the reporting of police, fire, medical or other emergency situations.

"Wireless provider."  A person engaged in the business of providing wireless service to end-use customers 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.

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

35c5302v

 

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 pursuant to this chapter and promulgate, adopt, publish and use guidelines for the implementation of this chapter. Rules, regulations and guidelines 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 establish guidelines and application procedures for the establishment of contribution rates.

(3)  To receive, review and approve or disapprove all 911 system county plans.

(4)  To forward a copy of each county plan application to the council and the commission for their review as required under this chapter.

(5)  To submit an annual report not later than March 1 of each year to the Governor and the General Assembly, which plan includes at least the following:

(i)  The extent to which 911 systems currently exist in this Commonwealth.

(ii)  Those counties which have completed installation, and the costs and expenses for installation.

(iii)  An anticipated schedule for installing a 911 system on a county basis for that year.

(6)  To establish minimum training and certification standards for emergency dispatchers, call takers and supervisors.

(7)  To establish technical standards for the county plans.

(8)  To establish standards for performance review and quality assurance programs for 911 systems to ensure public safety and improve the performance of 911 systems.

(9)  To establish standards for accuracy of 911 database systems.

(10)  To establish a program of communication between the agency and county 911 coordinators for the purpose of sharing information among counties and to develop recommendations to improve 911 systems throughout this Commonwealth.

(11)  To prescribe, in cooperation with the council and the commission, the applications and forms necessary to carry out the provisions of this chapter.

(12)  To take the actions necessary to implement, administer and enforce the provisions of this chapter.

(b)  Powers and duties of council.--The council shall have the following powers and duties:

(1)  To review all county plans, including the initial application forwarded by the agency for conformity to the minimum standards.

(2)  To review county plans to determine if equipment conforms to the technical standards.

(3)  To recommend approval of plans or indicate deficiencies in plans to the agency.

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

(1)  Review the contribution rate requested by the county based on the costs of the plan.

(2)  Approve or modify the contribution rate requested by the county and forward its decision to the agency.

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

35c5303v

 

Cross References.  Section 5303 is referred to in section 5311.6 of this title.

35c5304s

§ 5304.  Counties.

(a)  Powers and duties.--The board of county commissioners, or, in a home rule county, the appropriate body according to the home rule charter, shall have the following powers and duties in relation to a 911 system and wireless E-911 system:

(1)  To designate a member of county government as the county 911 coordinator. The county coordinator shall serve as a point of contact with the agency and shall develop a county plan for the implementation, operation and maintenance of a 911 system. Where technologically feasible, the county plan shall be adequate to provide service for the entire county.

(2)  To make arrangements with each telephone company providing local exchange telephone service within the county's jurisdiction to provide 911 service.

(3)  To send a copy of the proposed county plan to the appropriate telephone company upon submission of the plan to the agency.

(4)  To cooperate with the agency, the council and the commission in the preparation and submission of the county plan and contribution rate.

(5)  To execute all contracts, mutual aid agreements, cross-service agreements and all other necessary documents which may be required in the implementation of the county plan.

(6)  To obtain annually from each telephone service provider a list of the provider's local telephone exchanges within the county and the addresses of that provider's central offices serving those exchanges. Without exception, the service provider shall provide the list to the board.

(7)  To notify the agency and all adjacent counties of the local telephone exchanges which provide telephone service to residents within the county, specifically noting exchanges known to provide telephone service to residents of more than one county. Notice shall be provided at the time the county plan is submitted to the agency and when local telephone service is newly initiated for local telephone exchange within the county.

(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.

(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 wireless 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.--When an individual physically resides in an adjacent county but receives local exchange telephone service from a central office in a county which provides 911 service, it shall be the responsibility of the county with the 911 service to notify the appropriate public agency of a request for emergency service from the individual.

(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. A city of the second class, second class A or third class that has not established a 911 system prior to September 4, 1990, may exercise the powers and duties of counties under this chapter only when the county has chosen not to exercise those powers and duties. The powers and duties granted to cities under this section shall be applicable and may be exercised only within the boundaries of the city. No action by a city under this section shall preempt the powers and duties of a county to establish a 911 system outside the boundaries of the city at any time. The agency may establish regulations governing the exercise of powers and duties granted to cities of the second class, second class A and third class by this section.

35c5304v

 

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 money collected from the contribution rate or wireless E-911 surcharge, nor may the Pennsylvania State Police impose a monthly contribution rate upon the telephone subscribers on the local exchange access line or any wireless E-911-related surcharge upon wireless service customers.

35c5304.1v

 

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

35c5305s

§ 5305.  County plan.

(a)  Minimum standards.--Upon the agreement of the governing body of a county to establish a 911 system, a plan shall be drafted meeting at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 plan shall be designed to meet the individual circumstances of each community and the public agencies participating in the 911 system.

(b)  Completion.--Upon completion of the plan, the county shall forward it to the agency, with a copy of the plan being sent to those telephone companies affected by the plan. When the plan is submitted to the agency, the county shall also provide each adjacent county with a list of local telephone exchanges included in the plan, specifically noting exchanges known to provide telephone service to residents of more than one county.

(c)  Agency review.--

(1)  The agency shall review each county plan for completeness and shall forward a copy of the county plan and the proposed contribution rate to the council and the commission for review as required by this section.

(2)  After the county plan has been reviewed by the council and the commission, the agency shall approve or reject a county plan based on the recommendations of the council and the commission.

(3)  If the county plan is rejected, the agency shall return the county plan and explain the deficiencies that caused the rejection.

(d)  Council review.--The council shall have 90 days to review the plan and make suggested revisions to the plan. The agency may act as agent for the council in the administration of the plan approval process.

(e)  Commission review.--

(1)  The commission shall review the county plan only in relation to the contribution rate and may modify only those contribution rates which it finds excessive to meet the costs stated in the plan. The rates shall be reviewed and a decision forwarded to the agency within 90 days of the date of submission.

(2)  If the commission fails to review the contribution rate within 90 days, the contribution rate will be deemed approved by the commission.

(f)  Present systems.--

(1)  A county which has a present 911 system may establish a contribution rate to cover nonrecurring and operating costs of an existing 911 system by using the same contribution rate approval mechanism as a new 911 system for the purposes of this chapter.

(2)  A county which did not have a 911 system in operation on September 4, 1990, but which awarded a contract for a 911 system prior to September 4, 1990, shall be considered to have a present system.

(g)  Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems, and any regional system established under this chapter shall include the territory of two or more counties.

(g.1)  Contribution rate.--

(1)  Counties of the first through second class A may impose a monthly contribution rate in an amount not to exceed $1 per line on each local exchange access line. Counties of the third through fifth classes may impose monthly contribution rates in an amount not to exceed $1.25 per line on each local exchange access line. Counties of the sixth through eighth classes may impose a monthly contribution rate in an amount not to exceed $1.50 per line on each local exchange access line.

(2)  The following shall apply:

(i)  The contribution rate may be used by counties for the expenses of implementing, expanding or upgrading a 911 system.

(ii)  Expenses eligible for reimbursement through the contribution rate shall include telephone terminal equipment, trunk line service installation, network changes, building of initial database and any other nonrecurring costs to establish a 911 system. The contribution rate may also be used to fund recurring costs under section 5308(b) (relating to expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems).

(iii)  Expenses not eligible for reimbursement through the contribution rate shall include purchase of real estate, cosmetic remodeling, central office upgrades, hiring of dispatchers, ambulances, fire engines or other emergency vehicles, utilities, taxes and other expenses as determined by the Pennsylvania Emergency Management Agency.

(h)  Contribution rate changes.--

(1)  Once a plan and contribution rate have been established, the contribution rate shall remain fixed for a period of at least three years. Updating and expanding the present system shall require an amended plan to be filed with the agency. The contribution rate shall remain fixed for three years even if the present system is updated and expanded.

(2)  A request for a contribution rate change must be submitted to the agency, and the agency shall forward the request to the commission for approval as provided under subsection (e).

(3)  A contribution rate increase shall not be permitted more often than every three years and shall not take effect unless approved by the commission.

(i)  Assessment.--

(1)  The money collected from the telephone contribution rate shall be utilized for payments of nonrecurring and recurring costs of a 911 system.

(2)  The contribution rate may be imposed at any time subsequent to the execution of a contract with the provider of a 911 service at the discretion of the governing body of the county and pursuant to approval of the county plan and contribution rate under the provisions of this section.

(3)  The money collected from the contribution rate:

(i)  Is a county fee collected by the telephone company.

(ii)  Shall not be subject to taxes or charges levied on or by the telephone company.

(iii)  Shall not be considered revenue of the telephone company for any purpose.

35c5305v

 

Cross References.  Section 5305 is referred to in section 5311.14 of this title.

35c5306s

§ 5306.  Special public meeting.

(a)  Public comment.--Before a county may establish a contribution rate for nonrecurring and recurring costs under this chapter, it must obtain public comment from the residents of the county.

(b)  Requirements.--The proposed contribution rate shall be fixed by the governing body of the county in the following manner:

(1)  The governing body shall cause notice of intention to fix the contribution rate at a special public meeting on a date certain to be published in a newspaper of general circulation at least ten days in advance of the special public meeting. The notice shall include the precise amount of the proposed monthly contribution rate.

(2)  The special public meeting shall be held during the hours of 6 p.m. to 9 p.m., prevailing time, so as to afford the public the greatest opportunity to attend.

(3)  The special meeting shall be held in a centrally located area of the county.

35c5307s

§ 5307.  Collection and disbursement of contribution.

(a)  Subscribers' contribution.--

(1)  Each service supplier that provides local exchange telephone service within the county shall collect the contribution from each subscriber and forward the collection quarterly less the actual uncollectibles experienced by the local exchange telephone companies to the county treasurer or, in a home rule county, the county official responsible for the collection and disbursement of funds.

(2)  The amount of the subscribers' contribution shall be stated separately in the telephone subscribers' billing.

(3)  Each service supplier shall retain the fair and reasonable cost to establish the 911 contribution rate billing system and an amount not to exceed 2% of the gross receipts collected to cover actual administrative costs.

(b)  Subscribers' contribution for multiple line systems.--In the case of Centrex or similar multiple line system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the contribution rate of each subscriber:

(1)  For the first 25 lines, each line shall be billed at the approved contribution rate.

(2)  For lines 26 through 100, each line shall be billed at 75% of the approved contribution rate.

(3)  For lines 101 through 250, each line shall be billed at 50% of the approved contribution rate.

(4)  For lines 251 through 500, each line shall be billed at 20% of the approved contribution rate.

(5)  For lines 501 or more, each line shall be billed at 17.2% of the approved contribution rate.

(c)  Restricted account.--

(1)  The county treasurer or, in a home rule county, the county official responsible for the collection and disbursement of funds shall deposit the money received in an interest-bearing restricted account used solely for the purpose of nonrecurring and recurring charges billed for the 911 system and for the purpose of making payments under subsection (d).

(2)  The governing body of the county shall make an annual appropriation from the account for the 911 system, subject to the provisions of subsection (d), and may retain up to 1% of the gross receipts collected to cover administrative costs.

(3)  If the 911 system is discontinued or a county fails to implement a 911 system within three years from the imposition of a monthly contribution rate, any money remaining in the restricted account after all payments to the 911 service supplier have been made shall be transferred to the general fund of the county or proportionately to the general funds of each participating public agency.

(d)  Reimbursement to municipalities.--The county treasurer or, in a home rule county, the county official responsible for the collection and disbursement of funds shall, on a quarterly basis, pay from funds of the restricted account to a municipality which operates a 911 system a sum of money not less than that contributed by the telephone subscribers of that municipality to the county 911 system, less the applicable service supplier administrative cost provided by subsection (a) and the applicable county administrative cost provided by subsection (c).

(e)  Collection enforcement.--

(1)  The local exchange telephone company shall not be required to take any legal action to enforce the collection of any charge imposed under this chapter. Action may be brought by or on behalf of the public agency imposing the charge.

(2)  The local exchange telephone company shall annually provide, upon request of the governing body of the county, a list of the names and addresses of those service users which carry a balance that can be determined by the telephone company to be the nonpayment of any charge imposed under this chapter.

(3)  The local exchange telephone company shall not be liable for uncollectible amounts.

(f)  Prohibition against release of information.--Neither the county treasurer, the agency, nor any employee, agent or representative of a PSAP or public agency shall divulge any information acquired with respect to any wireline telephone service provider, its customers, revenues or expenses, trade secrets, access line counts, commercial information and other proprietary information while acting or claiming to act as the employee, agent or representative, and all information shall be kept confidential except that aggregations of information which do not identify or effectively identify numbers of customers, revenues or expenses, trade secrets, access lines, commercial information and other proprietary information attributable to any individual wireline telephone service provider may be made public.

35c5307v

 

Cross References.  Section 5307 is referred to in section 5311.14 of this title.

35c5308s

§ 5308.  Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems.

(a)  Expenditures authorized.--During a county's fiscal year, the county may expend the amounts distributed to it from the contribution rate for the nonrecurring costs, training, costs for mobile communications equipment, maintenance and operation of a county 911 system.

(b)  Items included in nonrecurring costs, training, mobile communications equipment, maintenance and operation costs.--

(1)  Maintenance and operation costs may include telephone company charges, equipment costs or equipment lease charges, repairs, utilities, development and maintenance of a master street address guide, erection of street signs on State and local highways, database maintenance costs, personnel training, salary and benefit costs which are directly related to the provision of 911 services and costs for mobile communications equipment, audit costs and appropriate carryover costs from previous years.

(2)  Maintenance and operation costs shall not include any cost necessary to house the 911 system.

(3)  No more than 70% of the contribution rate collected during a county's fiscal year may be utilized to fund personnel training, salary and benefit costs.

(c)  Limitations on expenditures.--

(1)  The agency shall adopt procedures to assure that the total amount collected from the 911 contribution rate shall be expended only for the nonrecurring costs, costs for mobile communications equipment, maintenance and operation of a county 911 system.

(2)  Nonrecurring costs shall be amortized over a minimum of three years.

(d)  Triennial financial audit.--

(1)  The agency shall require a triennial audit of each county's collection and disbursement of contribution rate funds and expenditures for the nonrecurring costs, training, costs for mobile communications equipment, maintenance and operation of 911 systems.

(2)  The triennial audit cost shall be paid by the respective county from contribution rate revenues and shall be conducted consistent with guidelines established by the agency.

(e)  Public education.--A county may use money received from the imposition of the contribution rate to educate the public on the 911 system. The education may include, but is not limited to, confirming with all residents of the county their actual street addresses.

35c5308v

 

Cross References.  Section 5308 is referred to in sections 5305, 5311.4 of this title.

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 or wireless E-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, except as provided in subsection (c). 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 or emergency support services or other than as provided in subsection (c) 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.--No telephone company, wireless provider, vendor or agent, employee or director of a telephone company, providers of emergency notification services or providers of emergency support services shall be liable to any person who directly or indirectly uses the 911 emergency service or wireless E-911 emergency service established under this chapter or provides information to 911 systems or wireless E-911 systems with respect to the delivery of emergency services:

(1)  for release to PSAPs, providers of emergency notification services or providers of emergency support services of information specified in this section, including nonpublished telephone numbers;

(2)  for release to the commission, the Federal Communications Commission or any other 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, as applicable, information regarding numbers of lines served by an individual company but excluding nonpublic information regarding the company's individual customer names, addresses and telephone numbers; or

(3)  for interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of emergency services or wireless E-911 service under this chapter, unless the interruptions, omissions, defects, errors, mistakes or delays are caused by the willful or wanton misconduct of the telephone company, wireless provider or vendor, their agents, employees or directors. Nothing in this paragraph may preclude the application of any commission tariff or regulation within its jurisdiction pertaining to allowances for telephone service interruptions.

35c5310s

§ 5310.  Penalty.

A person who intentionally calls the 911 emergency number for other than emergency purposes commits a misdemeanor of the third degree.

35c5311s

§ 5311.  (Reserved).

35c5311.1s

§ 5311.1.  Immunity.

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).

35c5311.2s

§ 5311.2.  Powers and duties of agency.

(a)  Administration.--The agency shall have the following powers and duties in relation to a wireless E-911 system:

(1)  To designate at least one employee of the agency who shall serve as a point of contact at the agency for all matters involving wireless E-911 systems in this Commonwealth.

(2)  To oversee the development, implementation, operation and maintenance of a Statewide integrated wireless E-911 system, formulate technical standards and determine permitted uses of and amounts disbursed from the Wireless E-911 Emergency Services Fund, including the costs of PSAPs and wireless providers that are eligible for payment from the fund.

(3)  To approve each county's county plan, or amendment to its agency-approved county plan, incorporating wireless E-911 service capabilities as may be submitted by the county to the agency.

(4)  To provide counties with plans that contain cost-saving measures that provide joint purchasing opportunities and facilitate regionalization of technology and consolidation of PSAPs and their operations. The agency shall provide suggested industry-acceptable and uniform standards for levels of staffing and uniform standards of operation.

(b)  Wireless E-911 State plan.--The agency shall prepare, maintain and keep current, after adequate public notice and opportunity to comment and after consideration of the recommendations of the wireless subcommittee of the advisory committee, a wireless E-911 State plan providing for all aspects of the development, implementation, operation and maintenance of a Statewide integrated wireless E-911 system in accordance with the FCC E-911 Order. Under the plan, the agency shall:

(1)  Establish model agreements for mutual aid agreements, cross-service agreements, service contracts and all other documents by and among public agencies, PSAPs and wireless providers that may be required in the implementation of the wireless E-911 State plan, review the agreements and documents for consistency with the applicable county plan and assist the parties in assuring their execution.

(2)  Require each wireless provider to notify the agency of each county in which it is licensed on March 29, 2004, and provides wireless service and, at the time new service is initiated, each county in which it is licensed and initiates wireless service and to notify counties of wireless service within each county, specifically noting wireless service to more than one county. In the event of disputes among PSAPs regarding the PSAP to which a wireless provider routes 911 calls, the routing shall be determined by the agency.

(3)  Establish uniform Statewide standards for the format and content of wireless automatic location information and wireless automatic number identification, which standards shall be the standards adopted by the National Emergency Number Association, as amended by that organization. Wireless providers will use the applicable National Emergency Number Association data transmission format standards to deliver the data to the wireless E-911 system.

(4)  Forward a copy of the completed plan and any revision of the plan to all affected counties, PSAPs, wireless providers, local exchange carriers, competitive local exchange carriers and interexchange carriers.

(5)  Require each wireless provider to provide the agency with a 24-hour, seven-days-a-week contact telephone number or pager number for use by PSAPs in emergency situations.

35c5311.2v

(May 21, 2013, P.L.29, No.9, eff. imd.)

 

2013 Amendment.  Act 9 added subsec. (a)(4). Section 3 of Act 9 provided that the Pennsylvania Emergency Management Agency shall, within 120 days of the effective date of section 3, promulgate updated program guidance to incorporate the addition of subsec. (a)(4).

Cross References.  Section 5311.2 is referred to in section 5311.4 of this title.

35c5311.3s

§ 5311.3.  Advisory committee.

(a)  Establishment.--There is established an advisory committee to be known as the E-911 Emergency Services Advisory Committee.

(b)  Members.--The advisory committee shall be comprised of the following persons:

(1)  The director of the agency or his designee, who shall act as chairperson.

(2)  Two county commissioners.

(3)  Four county 911 program managers.

(4)  Four wireless providers licensed by the Federal Communications Commission.

(5)  Two landline telephone service provider representatives.

(6)  Two representatives each from fire services, emergency medical services and police.

(7)  The chairman and minority chairman of the Communications and Technology Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives, or their designees.

The Governor, upon recommendation of the applicable Statewide organizations, associations and industry segments, shall appoint the committee members, who will each serve a two-year term. Advisory committee membership shall be limited to one representative per organization or corporate entity.

(c)  Roles and responsibilities.--The advisory committee shall make recommendations to the agency regarding the formulation of technical, administrative and operational standards for use in overseeing 911 programs Statewide.

(d)  Reimbursement.--The members of the advisory committee 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.

(e)  Advisory committee subcommittees.--The chairperson may create, within the committee membership, subcommittees to study and address specific technical and program areas:

(1)  A wireless subcommittee shall be created as a permanent subcommittee and shall consist of the following persons:

(i)  The advisory committee chairperson.

(ii)  Two county commissioners.

(iii)  Four county 911 program managers.

(iv)  Four representatives of wireless providers licensed by the Federal Communications Commission.

(v)  Two landline telephone service provider representatives.

(2)  Wireless subcommittee roles and responsibilities:

(i)  To advise the agency regarding the development, implementation, operation and maintenance of a Statewide integrated wireless E-911 system.

(ii)  To make recommendations to the agency regarding the preparation and periodic revision of a wireless E-911 State plan providing for the development, implementation, operation and maintenance of a Statewide integrated wireless E-911 system in accordance with the FCC E-911 Order.

(iii)  To make recommendations to the agency regarding the approval or disapproval of wireless provider service agreements and the formulation of technical standards.

(iv)  To make recommendations to the agency regarding the development of guidelines, rules and regulations required to address the administration of the Statewide E-911 wireless plan and the disbursement of money from the Wireless E-911 Emergency Services Fund.

(v)  To make recommendations to the agency regarding the development of the annual report required of the agency by this chapter, including, but not limited to, recommendations concerning adjustments of the wireless E-911 surcharge.

35c5311.4s

§ 5311.4.  Wireless E-911 Emergency Services Fund.

(a)  Establishment of fund.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the Wireless E-911 Emergency Services Fund. The fund shall consist of the fees collected under subsections (b) and (b.1), funds appropriated by the General Assembly and funds from another source, private or public. Money in the fund and the interest it accrues is appropriated to the Pennsylvania Emergency Management Agency to be disbursed by the agency. The money in the fund shall be used only for the following costs:

(1)  PSAP and wireless provider costs resulting from compliance with the FCC E-911 Order, including development, implementation and testing, operation and maintenance of a Statewide integrated wireless E-911 system. Costs paid from the fund must be eligible recurring or nonrecurring costs as determined by the agency in accordance with sections 5311.2(a) (relating to powers and duties of agency) and 5311.5 (relating to disbursement of fund amounts by agency) for wireless E-911 service provided in accordance with the FCC E-911 Order or a county plan or amended county plan approved by the agency.

(2)  The agency-approved costs of PSAPs specified in section 5308(b) (relating to expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems) that relate directly or indirectly to the provision of wireless E-911 service, to the extent:

(i)  the costs are not included in the costs paid under paragraph (1) and the approved E-911 costs provided in paragraph (1) have been reimbursed; and

(ii)  the costs do not exceed the percentage of the actual ratio of demonstrated wireless calls to demonstrated total emergency call volume times the amount of money in the fund, and further:

(A)  The amount of the costs that may be reimbursed is limited to 25% of the fund if a majority of wireless providers serving the geographic area covered by the PSAP have been tested and accepted by the PSAP for wireless E-911 Phase I service.

(B)  The amount of the costs that may be reimbursed is limited to 50% of the fund if all of the wireless providers serving the geographic area covered by the PSAP have been tested and accepted by the PSAP for wireless E-911 Phase I service.

(C)  The amount of the costs that may be reimbursed is limited to 75% of the fund if a majority of wireless providers serving the geographic area covered by the PSAP have been tested and accepted by the PSAP for wireless E-911 Phase II service.

(D)  The amount of the costs that may be reimbursed is limited to 100% of the fund if all of the wireless providers serving the geographic area covered by the PSAP have been tested and accepted by the PSAP for wireless E-911 Phase II service.

(iii)  If, under an FCC E-911 waiver, a wireless provider is temporarily relieved of its obligation to provide wireless E-911 Phase II service in the geographic area covered by a requesting PSAP, the wireless carrier shall be disregarded in the determinations to be made under subparagraphs (i) and (ii) until the wireless carrier's obligation to provide wireless E-911 Phase II service again becomes effective.

(b)  Wireless E-911 surcharge.--Each wireless service customer shall pay a fee, to be known as a wireless E-911 surcharge, in an amount of $1 per month for each device that provides wireless service for which that customer is billed by a wireless provider for wireless service. The fee shall be collected apart from and in addition to a fee levied by the wireless provider in whole or in part for the provision of 911 services.

(1)  Wireless providers shall collect the fee 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 carrying a balance that have failed to pay the wireless E-911 surcharge. The wireless provider shall not be liable for the unpaid amounts.

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

(3)  The fees collected under this subsection shall not be subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth, nor shall the fees be considered revenue of the wireless provider for any purpose.

(4)  The provisions of this subsection shall not apply to sellers, providers or consumers of prepaid wireless telecommunications service.

(b.1)  Prepaid wireless E-911 surcharge.--

(1)  There is imposed a prepaid wireless E-911 surcharge of $1 per retail transaction or the adjusted surcharge, if any, established under paragraph (5). The $1 surcharge shall be applied to the cost of each retail transaction regardless of whether the service or prepaid wireless device was purchased in person, by telephone, through the Internet or by any other method.

(2)  A prepaid wireless E-911 surcharge shall be collected by the seller from the consumer for each retail transaction occurring in this Commonwealth. The amount of the prepaid wireless E-911 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 disclosed to the consumer. A retail transaction that is effected 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, and any other retail transaction shall be treated as occurring in this Commonwealth if the retail transaction is treated as occurring in this Commonwealth for the purposes of 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)  A prepaid wireless E-911 surcharge is a liability of the consumer and not of the seller or any provider, except that the seller shall be liable to remit the prepaid wireless E-911 surcharges that the seller collects from consumers 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 in an invoice, receipt or other similar document provided to the consumer by the seller.

(4)  The amount of the prepaid wireless E-911 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.

(5)  The prepaid wireless E-911 surcharge shall be proportionately increased or reduced, as applicable, upon any change to the wireless E-911 surcharge imposed under subsection (b). The increase or reduction shall be effective on the effective date of the change to the surcharge imposed under subsection (b) or, if later, the first day of the first calendar month to occur at least 60 days after the effective date of the change to the surcharge imposed under subsection (b). The Department of Revenue shall provide not less than 30 days' notice of an increase or reduction on its public Internet website.

(6)  Prepaid wireless E-911 surcharges collected by a seller 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)  During the first 180 days after the effective date of this section, a seller may deduct and retain 35% of the prepaid wireless surcharges collected by the seller from consumers for direct start-up costs. After the implementation period, a seller may deduct and retain up to 3% of prepaid wireless E-911 surcharges that are collected by the seller from consumers for administrative purposes.

(8)  The assessment, audit, appeal, collection and enforcement procedures and other pertinent provisions applicable to the sales and use tax imposed under Article II of the Tax Reform Code of 1971 shall apply to prepaid wireless E-911 surcharges.

(9)  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.

(10)  The department shall pay all remitted prepaid wireless E-911 surcharges to the State Treasurer for deposit into the fund within 30 days of receipt, for use as provided in this chapter. The department may retain up to 2% of remitted surcharges to pay for department expenses directly related to the costs of administering the collection and remittance of prepaid wireless E-911 surcharges.

(11)  The provisions of section 5311.9 (relating to immunity) shall apply to providers and sellers of prepaid wireless telecommunications service.

(12)  The prepaid wireless E-911 surcharge shall be the only E-911 funding obligation imposed regarding prepaid wireless telecommunications service in this Commonwealth. No tax, fee, surcharge or other charge may be imposed by the Commonwealth, a political subdivision or an intergovernmental agency for E-911 funding purposes, on a provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service.

(c)  Remittance of fees.--On a quarterly basis, each wireless provider shall remit the fees collected under subsection (b) to the State Treasurer for deposit into the fund.

(d)  Reimbursement of wireless provider and PSAP costs.--

(1)  From every remittance, the wireless provider shall be entitled to deduct and retain an amount not to exceed 2% of the gross receipts collected as reimbursement for the administrative costs incurred by the wireless provider to bill, collect and remit the surcharge.

(2)  Wireless providers and PSAPs shall be entitled to payment from the fund in the manner provided in section 5311.5(c) for the following costs:

(i)  recurring costs approved by the agency under agency rules associated with the development, implementation, operation and maintenance of wireless E-911 service in the geographic area served by the requesting PSAP; and

(ii)  nonrecurring costs approved by the agency under agency rules associated with the development, implementation, operation and maintenance of wireless E-911 service in the geographic area served by the requesting PSAP.

(3)  In no event shall costs be paid that are not related to a wireless provider's or PSAP's compliance with requirements established by the wireless E-911 State plan, the FCC E-911 Order or the wireless E-911 provisions of an agency-approved county plan or amended county plan.

(4)  Costs incurred by a PSAP or wireless provider for wireless E-911 service shall be paid by the agency provided that the costs comply with the requirements of this section and section 5311.5, were incurred after January 1, 1998, and are determined by the agency, after application in accordance with section 5311.5(c), to be eligible for payment from the fund. Costs that the agency determines to be eligible shall be paid as provided in section 5311.5.

(5)  Nothing in this chapter shall prevent a wireless provider from recovering its costs of implementing and maintaining wireless E-911 service directly from its customers, whether itemized on the customer's bill or by any other lawful method. No wireless provider that levies a separate fee for provision of E-911 wireless service in the geographic area served by the requesting PSAP may receive a reimbursement for the same costs.

(e)  Reporting by wireless providers.--With each remittance a wireless provider shall supply the following information to the State Treasurer and to the agency:

(1)  The total fees collected through the wireless E-911 surcharge from its wireless service customers during the reporting period.

(2)  The total amount retained by it as reimbursement for administrative costs to cover its expenses of billing, collecting and remitting the fees collected from the wireless E-911 surcharge during the reporting period.

(3)  Until the nonrecurring costs have been recovered by a wireless provider, the total amount it has been reimbursed by the agency for nonrecurring costs associated with the development, implementation, operation and maintenance of wireless E-911 service during the reporting period.

(f)  Information to be supplied by wireless providers.--Wireless providers shall provide the agency with the information it shall request in writing in order to discharge its obligations under this section, including the collection and deposit of the wireless E-911 surcharge and its administration of the fund. Information supplied by wireless providers under this section shall remain confidential, and release of the information shall be governed by section 5311.7 (relating to public disclosure and confidentiality of information).

(g)  Prohibition.--No part of the fund, including an excess amount under section 5311.6(a) (relating to reporting), shall be used for any purpose unless expressly authorized by this chapter.

(h)  Surcharge sunset.--The wireless E-911 surcharge fee established in subsections (b) and (b.1) shall terminate on June 30, 2015, unless extended by an act of the General Assembly.

35c5311.4v

(June 30, 2014, P.L.813, No.84, eff. imd.)

 

2014 Amendment.  Act 84 amended subsec. (h).

Effective Date.  Section 8(2) of Act 118 of 2010 provided that subsec. (b.1)(1), (2), (3), (4), (5), (6), (7), (8), (10) and (12) shall take effect July 1, 2011.

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.

Cross References.  Section 5311.4 is referred to in sections 5302, 5311.5, 5311.6, 5312.1 of this title.

35c5311.5s

§ 5311.5.  Disbursement of fund amounts by agency.

(a)  Expenditures for wireless E-911 systems.--During each fiscal year the agency may, only in furtherance of the wireless E-911 State plan, disburse money from the Wireless E-911 Emergency Services Fund to PSAPs with agency-approved county plans or amended county plans and wireless providers for the following purposes:

(1)  To pay the costs of PSAPs and wireless providers provided for in section 5311.4(a)(1) and (d)(2) (relating to Wireless E-911 Emergency Services Fund) and the costs of PSAPs provided for in section 5311.4(a)(2).

(2)  To train emergency service personnel regarding receipt and use of wireless E-911 service information.

(3)  To educate consumers regarding the operations, limitations, role and responsible use of wireless E-911 service.

(b)  Limitations on use of fund amounts by PSAPs.--No PSAP shall receive a disbursement from the fund for any cost necessary to house the wireless E-911 system or for the purchase of real estate, cosmetic remodeling, ambulances, fire engines or other emergency vehicles, utilities, taxes and other expenses as determined by the agency. No PSAP may be funded for more than 70% of its agency-approved personnel training, salary and benefit costs during the agency's fiscal year.

(c)  Manner of payment.--Each PSAP and wireless provider shall submit to the agency each year, not later than 120 days before the first day of the agency's fiscal year, the eligible costs it expects to incur for wireless E-911 service during the next fiscal year of the agency. The submission may include eligible costs that the PSAP or wireless provider has already incurred for wireless E-911 service at the time of the submission. The agency shall review the submission, ensure that the costs are eligible for payment from the fund and notify the submitting PSAP or wireless provider, not later than 30 days before the first day of the agency's fiscal year, of the eligible costs. The agency shall disburse funds to each PSAP and wireless provider for costs the agency determines to be eligible only up to the amount of fund revenue available for distribution during the agency's fiscal year. No costs may be carried forward for payment by the agency in subsequent fiscal years, except that the agency shall fund all approved and unfunded costs submitted in wireless fiscal year 2012-2013 that are applied for in wireless fiscal year 2013-2014. Payment shall be made in four equal payments during the first month of each quarter of the agency's fiscal year as follows:

(1)  The agency shall first pay the costs approved for each PSAP that are payable in the quarter.

(2)  Following the payment of approved costs to a PSAP for Phase I deployment of wireless E-911 service as set forth in the FCC E-911 Order, but only after the PSAP has issued its request to wireless providers to furnish Phase I wireless E-911 service pursuant to the FCC E-911 Order, the agency shall pay the approved costs of wireless providers that are payable in the quarter to provide the requested wireless E-911 service to that PSAP.

(3)  Following the payment of approved costs to a PSAP for Phase II deployment of wireless E-911 service as set forth in the FCC E-911 Order, but only after the PSAP has issued its request to wireless providers to furnish Phase II wireless E-911 service pursuant to the FCC E-911 Order, the agency shall pay the approved costs of wireless providers that are payable in the quarter to provide the requested wireless E-911 service to that PSAP.

(4)  In any quarter of the agency's fiscal year, all costs specified in section 5311.4(a)(1) that are approved by the agency for payment to PSAPs or wireless providers shall be paid before any other costs payable under this chapter are paid to any PSAP or wireless provider. In the first quarter of the agency's fiscal year, the agency shall determine whether payments to PSAPs and wireless providers during the preceding fiscal year exceeded or were less than the eligible costs incurred by each PSAP and wireless provider submitting costs during the fiscal year. Each PSAP and wireless provider shall provide verification of the costs as required by the agency. Any overpayment shall be refunded to the agency or, with the agency's approval, may be used to pay agency-approved costs the PSAP or wireless provider submitted for the current fiscal year of the agency. The agency shall reconsider a determination of eligible costs under this subsection upon request by a submitting PSAP or wireless provider and shall provide a procedure for the reconsideration.

(d)  Pro rata sharing of fund amounts.--

(1)  If the total amount of money in the fund in any quarter is insufficient to pay for both agency-approved PSAP costs and agency-approved wireless provider costs which are payable in the quarter under subsection (c) for both Phase I deployment and Phase II deployment of wireless E-911 service as set forth in the FCC E-911 Order, then payments from the fund for that quarter shall be made as follows:

(i)  The agency-approved Phase I deployment costs of a PSAP and those wireless providers to which the PSAP has issued its request for Phase I wireless E-911 service shall be paid before any agency-approved costs for Phase II deployment are paid.

(ii)  If, notwithstanding subparagraph (i), the total amount of money in the fund in the quarter is insufficient to pay all Phase I deployment costs of both PSAPs and wireless providers which are payable in the quarter, then each requesting PSAP and each requesting wireless provider shall receive, for payment of Phase I deployment costs, a pro rata share of the total amount of money in the fund in the quarter.

(iii)  If the total amount of money in the fund in the quarter is insufficient to pay all agency-approved Phase II deployment costs of both PSAPs and wireless providers which are payable in the quarter, then each requesting PSAP and each requesting wireless provider shall receive, for payment of Phase II deployment costs, a pro rata share of the total money in the fund which are available in the quarter for payment of Phase II deployment costs.

(2)  For any PSAP or wireless provider, pro rata shares shall be computed based upon the total dollar amount of money available in the fund for payment of Phase I or Phase II deployment costs, whichever is applicable, multiplied by the ratio of:

(i)  the total dollar amount of agency-approved but unpaid costs of that PSAP or wireless provider for Phase I or Phase II deployment, whichever is applicable; to

(ii)  the total dollar amount of all agency-approved but unpaid costs.

(3)  (Deleted by amendment).

(e)  Triennial financial audit.--The agency shall require a triennial financial audit of each PSAP's use of the disbursements it has received from the fund and of a wireless provider's collection, deduction, retention, remittance and use of the amounts collected by the wireless provider under the wireless E-911 surcharge or the disbursements it received from the fund. These triennial financial audits shall be consistent with guidelines established by the agency, and the cost of each audit shall be paid from the fund.

35c5311.5v

(May 21, 2013, P.L.29, No.9, eff. imd.)

 

2013 Amendment.  Act 9 amended subsecs. (b) and (c) and deleted subsec. (d)(3). Section 3 of Act 9 provided that the Pennsylvania Emergency Management Agency shall, within 120 days of the effective date of section 3, promulgate updated program guidance to incorporate the amendment of subsecs. (b) and (c).

Cross References.  Section 5311.5 is referred to in section 5311.4 of this title.

35c5311.6s

§ 5311.6.  Reporting.

(a)  Annual report by agency.--Not later than March 1 of each year, the agency, after consideration of the recommendations of the advisory committee, shall submit an annual report, which may be combined with that required by section 5303(a)(5) (relating to telecommunications management), to the Governor and the General Assembly. Subject to the provisions of section 5311.7(b) (relating to public disclosure and confidentiality of information), the report shall include at least the following:

(1)  The extent to which wireless E-911 systems currently exist in this Commonwealth.

(2)  Those PSAPs which completed installation of wireless E-911 systems pursuant to the wireless E-911 State plan and the costs and expenses for installation.

(3)  An itemization by PSAP or wireless provider, project and description and expenditure for each Wireless E-911 Emergency Services Fund disbursement made in the fiscal year just concluded. The itemization shall include an explanation of how each project contributed to the fulfillment of the existing wireless E-911 State plan.

(4)  The planned expenditures for the next fiscal year for installation of wireless E-911 systems pursuant to the wireless E-911 State plan.

(5)  The total aggregate fees collected from all wireless providers in the fiscal year just concluded based upon the reports of the providers submitted under section 5311.4(e) (relating to Wireless E-911 Emergency Services Fund) and any other funds received by the fund.

(6)  The amount of any unexpended funds carried forward in the fund.

(7)  The amount of any remaining unpaid agency-approved PSAP costs or wireless provider costs being carried forward for payment during the next fiscal quarter.

(8)  Any advances in a wireless provider's system technology or expansion of its customer service area which further the goal of providing access to a wireless E-911 system regardless of the customer's geographic location on any interstate highway in this Commonwealth.

(b)  Study of wireless E-911 emergency services implementation and operation.--The agency, after consideration of the recommendations of the advisory committee, shall report to the Governor and the General Assembly no less than triennially its recommendations concerning wireless E-911 implementation and operation, including, but not limited to, necessary or required actions which must be undertaken in response to the Federal Communication Commission's directive in the FCC E-911 Order. The report shall recommend measures to be taken by the General Assembly.

35c5311.6v

 

Cross References.  Section 5311.6 is referred to in section 5311.4 of this title.

35c5311.7s

§ 5311.7.  Public disclosure and confidentiality of information.

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

(b)  Prohibition against release of information.--Neither the State Treasurer, the agency, nor any employee, agent or representative of a PSAP or public agency shall divulge any information acquired with respect to any wireless provider or VoIP provider, its customers, revenues or expenses, trade secrets, commercial information and other proprietary information while acting or claiming to act as the employee, agent or representative, and all information is required to be kept confidential except that aggregations of information which do not identify or effectively identify numbers of customers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any individual wireless provider or VoIP provider may be made public.

35c5311.7v

 

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

35c5311.8s

§ 5311.8.  Wireless provider and VoIP provider records.

(a)  Access.--Upon request from and pursuant to agreement with a PSAP, each wireless provider shall provide E-911 service database information, and each VoIP provider shall provide VoIP service database information or automatic location information as permitted under the law to the requesting PSAP. The information shall remain the property of the disclosing wireless provider or VoIP provider and, except as otherwise provided by applicable Federal or State law, shall be used by the PSAP only in connection with providing emergency response services to a call to a 911 system or to a wireless E-911 system.

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

(1)  Uses or discloses wireless E-911 service database information or VoIP service database information for purposes other than handling a call to a 911 system or to a wireless E-911 system without the consent of the wireless service customer or VoIP service customer or as otherwise provided by applicable Federal or State law.

(2)  Knowingly uses the telephone number of a 911 system, wireless E-911 system or VoIP service database information to avoid any charges for the services of a local exchange carrier, competitive local exchange carrier, interexchange carrier, wireless provider or VoIP provider.

(c)  Privacy waived.--The provisions of 66 Pa.C.S. § 2906 (relating to dissemination of telephone numbers and other identifying information) shall not apply to wireless providers or VoIP providers to the extent they are engaged in providing wireless E-911 service, 911 service or related services.

35c5311.9s

§ 5311.9.  Immunity.

(a)  Generally.--

(1)  This subsection applies to all of the following:

(i)  A wireless provider or VoIP provider.

(ii)  An officer or director of a wireless provider or VoIP provider.

(iii)  An employee or agent of a wireless provider or VoIP provider.

(iv)  A vendor of a wireless provider or VoIP provider.

(2)  Except as set forth in paragraph (3), a person specified in paragraph (1) is immune from liability for civil damages resulting from or caused by an act or omission in the development, design, installation, operation, maintenance, performance or provision of wireless E-911 service or 911 service of:

(i)  the wireless provider or VoIP provider;

(ii)  an officer or director of the wireless provider or VoIP provider;

(iii)  an employee or agent or the wireless provider or VoIP provider; or

(iv)  a supplier of the wireless provider or VoIP provider.

(3)  Immunity under paragraph (2) does not apply to willful or wanton misconduct.

(b)  Parity of liability.--A wireless provider or VoIP provider shall have the same immunity from liability for transmission errors or failures, network outages or other technical problems that arise in the course of handling emergency calls or providing emergency services, including wireless E-911 service, as a local exchange carrier enjoys in the course of handling the calls or providing the services.

(c)  Release of information.--

(1)  This subsection applies to all of the following:

(i)  A wireless provider or VoIP provider.

(ii)  An employee or agent of a wireless provider or VoIP provider.

(2)  A person specified in paragraph (1) is immune from liability for releasing, as required by this chapter or any other law, wireless service customer information or VoIP service customer information to the agency or to any 911 system or wireless E-911 system, public agency or PSAP.

35c5311.9v

 

Cross References.  Section 5311.9 is referred to in section 5311.4 of this title.

35c5311.10s

§ 5311.10.  Agency funding for wireless E-911 support.

The agency is authorized to retain up to 2% of the annual wireless E-911 surcharge and prepaid wireless E-911 surcharge proceeds to pay for agency expenses directly related to administering the wireless E-911 provisions of this chapter. Expenses under this section include personnel, travel, administrative, financial auditing and printing costs.

35c5311.10v

 

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.

35c5311.11s

§ 5311.11.  Rate regulation.

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

35c5311.12s

§ 5311.12.  Regulations.

The council has the power to issue statements of policy and to promulgate regulations for the implementation of this chapter.

35c5311.13s

§ 5311.13.  Enforcement.

In addition to any powers expressly enumerated in this chapter, the agency has the power and duty to enforce and execute, by its regulations or otherwise, this chapter. The agency may institute injunction, mandamus or other appropriate legal proceedings to enforce this chapter and regulations promulgated under this chapter.

35c5311.14s

§ 5311.14.  Collection and disbursement of VoIP 911 fee.

(a)  VoIP service customer 911 contribution.--

(1)  Each VoIP provider or telecommunications carrier shall collect a $1 fee per month for each telephone number or successor dialing protocol assigned by a VoIP provider to a VoIP service customer number that has outbound calling capability. The following apply:

(i)  The fee, minus the actual uncollectibles experienced by the VoIP provider, shall be remitted:

(A)  quarterly; or

(B)  at the option of the provider or telecommunications carrier, monthly.

(ii)  The remittance shall be made as follows:

(A)  Except as set forth in clause (B), to the county treasurer.

(B)  In a home rule county, as follows:

(I)  To the county official responsible for the collection and disbursement of funds.

(II)  At the option of the remitter, to the State Treasurer. Election of the option shall be by regulations established by the agency, which shall include appropriate notification to the affected counties of the exercise of this option.

(iii)  The fee shall be stated separately in the VoIP service customer's paper or electronic billing, and the fee shall be collected apart from and in addition to any fee levied by the VoIP provider in whole or in part for the provision of 911 services or E-911 services.

(2)  In the case of VoIP service customers purchasing multiple dial tone telephone access lines from a VoIP provider, the following multipliers shall be applied to determine the contribution rate of each customer:

(i)  For the first 25 lines, each line shall be billed at the approved contribution rate.

(ii)  For lines 26 through 100, each line shall be billed at 75% of the approved contribution rate.

(iii)  For lines 101 through 250, each line shall be billed at 50% of the approved contribution rate.

(iv)  For lines 251 through 500, each line shall be billed at 20% of the approved contribution rate.

(v)  For lines 501 or more, each line shall be billed at 17.2% of the approved contribution rate.

(3)  If a VoIP provider receives a partial payment for a monthly bill from a VoIP service customer, the VoIP provider:

(i)  may first apply the payment against the amount the VoIP service customer owes the VoIP provider; and

(ii)  shall then remit to the county or the State Treasurer the lesser amount resulting from the application of the payment.

(4)  The fees collected and remitted under this subsection shall not:

(i)  be subject to taxes or charges levied by the Commonwealth or a political subdivision; nor

(ii)  be considered revenue of the VoIP provider for any purpose.

(5)  As reimbursement for administrative costs to cover its expenses of billing, collecting and remitting the fees during the reporting period, the VoIP provider is allowed to retain for reimbursement up to the following percentages of the total fees collected under this subsection:

(i)  If remittance is made to the county, 2%.

(ii)  If remittance is made to the State Treasurer, 1%.

(6)  To the extent that a VoIP provider obtains connections to the public switched telephone network from a telecommunications carrier, that telecommunications carrier shall not be required to assess or make contributions to any 911 or E-911 fund in connection with the customers or the telephone numbers for which the VoIP provider is responsible for collecting and making contributions under this section. If, however, the telecommunications carrier is, by agreement with the VoIP provider, required to make 911 or E-911 contributions on behalf of the VoIP provider customer, the VoIP provider shall not be responsible for collecting and making contributions under this section.

(b)  Reporting by VoIP providers.--

(1)  With each remittance under subsection (a), a VoIP provider and telecommunications carrier shall supply the following information to the individual receiving the remittance and to the agency the total fees collected under subsection (a)(1) from its VoIP service customers during the reporting period. If the telecommunications carrier has remitted the fees to the county or the agency pursuant to an agreement with the VoIP provider, the VoIP provider shall provide notification of the reporting agreement along with the telecommunications carrier's name and 911 or E-911 account number.

(2)  A VoIP provider and telecommunications carrier shall provide the county or, if remitting to the State Treasurer, the agency with requested information, including the primary place of use of each interconnected VoIP service customer, in order to discharge its obligations under this section. The information shall be in writing. This paragraph includes the collection and deposit of the VoIP fee and its administration of the fund.

(b.1)  Confidentiality.--Information supplied by VoIP providers under this section shall remain confidential, and release of the information shall be governed by section 5311.7 (relating to public disclosure and confidentiality of information).

(c)  Collection enforcement.--A VoIP provider has no obligation to take legal action to enforce the collection of a fee imposed under this section.

(d)  Deposit of remitted fees.--The individual who receives fees remitted under this section shall deposit receipts into the restricted account established under section 5307(c) (relating to collection and disbursement of contribution).

(e)  Establishment of fund.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the VoIP 911 Emergency Services Fund. The VoIP 911 Emergency Services Fund shall consist of the fees remitted to the State Treasurer under this section.

(f)  Distribution of fees.--Money in the VoIP 911 Emergency Services Fund and the interest it accrues are appropriated on a continuing basis to the agency to be disbursed by the agency. The agency shall make quarterly disbursements from the account to each county by March 31, June 30, September 30 and December 31 in an amount equal to the amount of fees collected from VoIP service customers located in that county. The disbursements are for the purpose of assisting counties with the implementation of an agency-approved plan adopted under section 5305 (relating to county plan). The agency may retain up to 1% of the fees for costs incurred in administering this subsection.

35c5312s

§ 5312.  (Reserved).

35c5312.1s

§ 5312.1.  Legislative study.

(a)  Requirement.--The Legislative Budget and Finance Committee shall study the 911 and wireless E-911 funding systems under section 5311.4 (relating to Wireless E-911 Emergency Services Fund). In conducting the study, the committee shall consider cost-benefit analyses to determine the cost effectiveness of the systems both within the agency and the counties. At a minimum, the committee shall inquire into and make recommendations with respect to:

(1)  The efficacy by which the VoIP service 911 fee, the contribution rate, the wireless E-911 surcharge and the prepaid wireless E-911 surcharge are collected and remitted for intended purposes set forth in this chapter.

(2)  The expenditures authorized for payment from a county's restricted account for the purposes of nonrecurring and recurring charges billed for the 911 system.

(3)  Disbursements made by the agency from the fund.

(4)  The method and amount of funding collected through the VoIP service 911 fee, the contribution rate, the wireless E-911 surcharge and the prepaid wireless E-911 surcharge in comparison to 911 and wireless E-911 funding systems utilized in other states.

(5)  The feasibility and effectiveness of consolidating PSAPs in this Commonwealth.

(6)  Any other cost-saving measures that may be utilized by the PSAPs or the agency which will not jeopardize public safety.

(7)  National initiatives being considered or implemented in other states intended to provide cost savings in 911 systems without impacting public safety.

(8)  A review of the current auditing requirements of State and county 911 expenditures under this chapter.

(9)  The issues the Commonwealth will need to consider in incorporating "Next Generation 911" and other nontraditional communication technologies into its emergency response system.

(10)  Any technology-neutral 911 funding options by either the Commonwealth or political subdivisions which do not rely on disparate technologies, fee amounts and grant structures.

(b)  Report.--The committee shall submit a final report with recommendations to the Secretary of the Senate and the Chief Clerk of the House of Representatives by December 31, 2011, and shall transmit a copy of the final report to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin within 30 days of the submission of the final report.

35c5312.1v

 

Effective Date.  Section 8(1)(i) of Act 118 of 2010 provided that section 5312.1 shall take effect immediately.

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.

35c5398s

§ 5398.  Termination.

This chapter shall expire June 30, 2015.

35c5398v

(June 30, 2014, P.L.813, No.84, 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.

"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.

"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.

"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.

"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)

 

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.

35c7301v

(July 13, 1988, P.L.501, No.87, eff. imd.)

 

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

Cross References.  Section 7301 is referred to in section 7705 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.

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.

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.

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 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.

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.

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.

(2)  A representative public entity administering a compact or other areawide arrangement or consortium.

(3)  Any other public or private nonprofit entity that meets requirements for representation as determined by the department.

(c)  Duties.--Each regional EMS council shall, if directed by the department:

(1)  Assist the department in achieving the Statewide and regional EMS system components and goals described under section 8104 (relating to emergency medical services system programs).

(2)  Assist the department in the collection and maintenance of standardized data and information as provided  in section 8106 (relating to emergency medical services patient care reports).

(3)  Prepare, annually review and revise, as needed, a regional EMS system plan for the EMS region the department has designated and for which the department has contracted or provided a grant to it to serve.

(4)  Carry out, to the extent feasible, the Statewide and regional EMS system plans.

(5)  Assure the reasonable availability of training and continuing education programs for EMS providers.

(6)  Provide necessary and reasonable staff services and appropriate and convenient office facilities that can serve as the EMS region's location for the planning, maintenance and coordinative and evaluative functions of the council.

(7)  Establish a mechanism to provide for input from facilities and EMS agencies in the EMS region in decisions that include, but are not limited to, membership on its governing body.

(8)  Establish, subject to department approval, regional EMS triage, treatment and transportation protocols consistent with Statewide protocols adopted by the department. A regional EMS council may also establish, subject to department approval, additional triage, treatment and transportation protocols. No regional protocol shall be subject to the rulemaking process.

(9)  Advise public safety answering points and municipal and county governments as to the EMS resources available for dispatching and recommend dispatch criteria that may be developed by the department or the council as approved by the department.

(10)  Assist the department in achieving a unified Statewide EMS system.

(11)  Designate a regional EMS medical director and establish a medical advisory committee and a quality improvement committee.

(12)  Develop a conflict of interest policy, subject to department approval, and require its board or advisory council members, officials and employees to agree to the policy in writing.

(13)  Perform other duties assigned by the department to assist the department in carrying out the requirements of this chapter.

(d)  Regional EMS medical directors.--The department shall consult with the regional EMS medical directors in developing and adopting EMS protocols and may consult with them on any matter involved in the department's administration of this chapter.

35c8109v

 

Cross References.  Section 8109 is referred to in sections 8112, 8128 of this title.

35c8111h

 

 

SUBCHAPTER B

PROGRAM

 

Sec.

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.

 

35c8111s

§ 8111.  Comprehensive plan.

(a)  Preparation.--

(1)  The department, with the assistance of the board, shall prepare a Statewide EMS system plan, which plan shall include both short-range and long-range goals and objectives, and shall make the plan available to the General Assembly and all concerned agencies, entities and individuals.

(2)  A regional EMS system plan, upon approval of the department, shall:

(i)  Become part of the Statewide EMS system plan.

(ii)  Include for the EMS region the same types of information that subsection (b) requires for the Statewide plan.

(b)  Contents.--At a minimum, the Statewide plan shall contain:

(1)  An inventory of EMS resources available within this Commonwealth.

(2)  An assessment of the effectiveness of the existing EMS system and a determination of the need for changes to the EMS system.

(3)  Performance measures for delivery of EMS to all persons in this Commonwealth.

(4)  Methods to be used in achieving the stated performance measures.

(5)  A schedule for achievement of the stated performance measures.

(6)  A method for monitoring and evaluating whether the stated performance measures are being achieved.

(7)  Estimated costs for achieving the stated performance measures.

(c)  Revisions.--

(1)  The department shall collect and analyze EMS data for the purpose of:

(i)  Revising the Statewide EMS system plan, including determining the status of the Statewide EMS system, the degree of compliance with the requirements of this chapter and the effectiveness of EMS systems in reducing morbidity and mortality associated with medical emergencies.

(ii)  Planning future EMS system initiatives.

(2)  Persons regulated by the department under this chapter and dispatchers of EMS agencies shall provide data, without charge, as reasonably requested by the department and regional EMS councils, to aid them in developing and revising Statewide and regional EMS system plans and in conducting investigations under this chapter as authorized by the department.

(d)  Annual reports.--The department shall annually publish comprehensive and specific reports of activity and plan implementation.

(e)  Use of Statewide plan.--

(1)  The department shall use the Statewide plan for contract and grant purposes as set forth in section 8112(a) (relating to contracts and grants).

(2)  Nothing in the Statewide plan shall be construed to vest the department with any regulatory authority.

35c8111v

 

Cross References.  Section 8111 is referred to in section 8105 of this title.

35c8112s

§ 8112.  Contracts and grants.

(a)  General power.--The department may enter into contracts or grants with entities to serve as regional EMS councils responsible for the initiation, expansion, maintenance and improvement of regional EMS systems that are in accordance with the Statewide EMS system plan.

(b)  Limitation.--An entity with which the department enters into a contract or grant under this section to serve as a regional EMS council shall carry out the duties assigned by the department under section 8109(c) (relating to regional emergency medical services councils).

(c)  Purposes.--In contracting with or giving a grant to regional EMS councils, the department may allocate Emergency Medical Services Operating Fund moneys appropriated to the department only for the following purposes:

(1)  Providing programs of public education, information, health promotion and prevention regarding EMS.

(2)  Purchasing ambulances, other EMS vehicles, medical equipment and rescue equipment.

(3)  Applying to costs associated with conducting training and testing programs for EMS providers.

(4)  Applying to costs associated with inspections and investigations conducted to assist the department to carry out its regulatory authority under this chapter.

(5)  Purchasing communications equipment and services, including alerting equipment, provided that the purchases are in accordance with the Statewide EMS system plan.

(6)  Assisting with the merger of EMS agencies or assisting an EMS agency to acquire another EMS agency, when the department determines circumstances exist such that the transaction and financial assistance are needed to serve the public interest.

(7)  Applying to costs associated with the maintenance and operation of regional EMS councils. Those costs may include, but shall not be limited to, salaries, wages and benefits of staff, travel, equipment and supplies, leasing of office space and other costs incidental to the conduct of business which are deemed by the department to be necessary and appropriate for carrying out the purposes of this chapter.

(8)  Applying to costs associated with collection and analysis of data necessary to evaluate the effectiveness of EMS systems in providing EMS and to administer quality improvement programs.

(9)  Applying to costs associated with assisting EMS agencies to recruit and retain EMS providers.

(d)  Restriction.--In contracting with or providing grants to regional EMS councils, the department may not allocate Emergency Medical Services Operating Fund moneys appropriated to the department for the following purposes:

(1)  Acquisition, construction or rehabilitation of facilities or buildings, except renovation as may be necessary for the implementation or modification of EMS communication systems.

(2)  Purchasing hospital equipment, other than communications equipment for medical command and receiving facilities, unless the equipment is used or intended to be used in an equipment exchange program with EMS agencies.

(3)  Maintenance of ambulances, other EMS vehicles and equipment.

(4)  Applying to costs deemed by the department as inappropriate for carrying out the purposes of this chapter.

(5)  Applying to costs which are normally borne by patients, except for extraordinary costs as determined by the department.

(e)  Reports.--The recipient of a contract or grant under this chapter shall make reports to the department as may be required by the department.

(f)  Contract and grant prerequisites.--The department shall not contract with or provide a grant to an entity for that entity to serve as a regional EMS council unless:

(1)  The entity has submitted a contract or grant application to the department in a form and format prescribed by the department that is consistent with the Statewide and regional EMS system plans.

(2)  The application addresses planning, maintenance and improvement of the regional EMS system.

(3)  The entity demonstrates to the department's satisfaction the qualifications and commitment to plan, maintain and improve a regional EMS system and that the entity has the required organizational structure and provisions for representation of appropriate entities.

(g)  Technical assistance.--The department shall provide technical assistance, as appropriate, to regional EMS councils and to such other eligible entities as necessary for the purpose of their carrying out the provisions of contracts and grants under this section, with special consideration for contractors and grantees representing rural areas.

(h)  Payments.--Payments pursuant to a contract or grant under this section may be made in advance or by way of reimbursement and in installments and on conditions as the department determines will most effectively carry out the provisions of this chapter.

(i)  Other funds considered.--

(1)  In determining the amount of a contract or grant under this section, the amount of funds available to the contractor or grantee from non-State contributions and Federal grant or contract programs pertaining to EMS shall be taken into consideration.

(2)  For purposes of this subsection, "non-State contributions" include the outlay of cash and in-kind services to the contractor or grantee or toward the operation of a regional EMS system by private, public or government third parties, including the Federal Government.

(j)  Other contracts and grants.--The department may enter into contracts and grants with organizations other than regional EMS councils in order to assist the department in complying with the provisions of this section and chapter.

(k)  Public disclosure.--

(1)  Subject to the provisions of paragraph (2), finalized contracts and grants shall be deemed public records subject to disclosure.

(2)  The department may not disclose information in contracts or grants that could be used by persons to undermine measures to combat, respond to or recover from terrorist attacks.

(l)  Sole source contract or grant.--Upon expiration of a contract or grant with an entity to carry out the duties of a regional EMS council as set forth in subsection (c), the department, without undertaking a competitive bidding process, may enter into a new contract or grant with the same entity for that entity to continue to serve as a regional EMS council and perform the duties set forth in subsection (c), as determined by the department, if that entity, in carrying out the prior contract or grant, demonstrated its ability and commitment to the department's satisfaction to plan, maintain and improve the regional EMS system consistent with the terms of the prior contract or grant.

35c8112v

 

Cross References.  Section 8112 is referred to in sections 8108, 8111, 8153 of this title.

35c8113s

§ 8113.  Emergency medical services providers.

(a)  Certification.--The department shall issue certifications for the following types of EMS providers, which shall be permanent, subject to disciplinary action pursuant to section 8121 (relating to certification sanctions):

(1)  Emergency medical responder.

(2)  Emergency medical technician.

(3)  Advanced emergency medical technician.

(4)  Paramedic.

(5)  Prehospital registered nurse.

(6)  Prehospital physician extender.

(7)  Prehospital EMS physician.

(8)  Any other class of EMS provider the department establishes by regulation.

(b)  Other emergency medical services providers.--The department may establish, by regulation as the need arises, classes of EMS providers to provide specialized EMS. The regulations shall establish certification, practice, disciplinary and other provider standards consistent with the purposes of this chapter and the statutory regulatory schemes applicable to paramedics except as necessary to meet the special EMS needs for which the class of EMS provider is created.

(c)  Application.--An applicant for EMS provider certification shall complete an application for certification on a form or through an electronic application process prescribed by the department.

(d)  Education.--The department shall assist, encourage and coordinate the education of EMS providers.

(1)  The department shall develop standards through regulations for the accreditation, reaccreditation and operation of educational institutes to provide the training persons must successfully complete to be certified as EMS providers.

(2)  The department shall develop standards through regulations for the approval of continuing education courses for EMS providers and for the accreditation of persons and Commonwealth agencies that provide continuing education EMS providers may take to secure renewal of registration.

(3)  The department, in consultation with the board, shall review and update the permitted scope of continuing education programs not less than biennially.

(4)  If the educational institute or provider of continuing education courses fails to satisfy the operational standards or fails to continue to meet the accreditation standards, the department may take one or more of the following actions:

(i)  Deny the application for reaccreditation.

(ii)  Impose terms of probation.

(iii)  Revoke, suspend, limit or otherwise restrict the accreditation.

(iv)  Impose a civil penalty not exceeding $1,000 for each infraction.

(e)  Examinations.--

(1)  A person who intends to secure EMS provider certification shall take the required certification examinations within one year after completing the EMS provider training required for certification.

(2)  Except as otherwise provided in this subsection, a person who fails a written or practical skills examination for an EMS provider certification may repeat the failed examination without retaking the examination the person passed.

(3)  A person who fails the written examination three times shall complete a refresher course approved by the department or repeat the EMS provider training program before taking the examination again.

(4)  A person who fails the practical skills examination three times shall complete a remedial course approved by the department or repeat the EMS provider training program before again taking the examination.

(5)  A person who fails either examination six times or who does not pass the required examinations within two years after completing the EMS provider training program shall receive no credit for an examination previously passed and shall repeat the training program for the EMS provider certification before the person may take the certification examinations again.

(6)  If the standards a person needs to satisfy to take a certification examination change after the person has failed the examination, the person may not retake the examination unless the person meets the new standards.

(7)  The department may, by regulation, change the standards in this subsection.

(f)  Reciprocity and endorsement.--The department may issue EMS provider certifications by reciprocity or endorsement as follows:

(1)  If the department, upon review of the criteria for certification of a type of EMS provider in another state, determines that the criteria is substantially equivalent to the criteria for a similar certification in this Commonwealth, the department may enter into a reciprocity agreement with its counterpart certifying agency in the other state to certify that type of EMS provider based solely on the other state's certification of the provider. No reciprocity agreement may deprive the department from denying a certification based on disciplinary considerations.

(2)  If the department, upon review of a course or an examination approved by another state for EMS provider certification or continuing education or upon review of a national course or examination, determines that the course or examination meets or exceeds the standards for such a course or examination for a similar type of certification in this Commonwealth, or for registration of the certification, the department may endorse the course or examination as meeting the course or examination requirements for that type of EMS provider certification in acting upon an applicant's application for certification or registration of the certification in this Commonwealth.

(g)  Skills.--The department shall publish in the Pennsylvania Bulletin a list of skills within the scope of practice of each type of EMS provider. The list shall be updated by publication as necessary.

(h)  Medical command orders and protocols.--

(1)  An EMS provider, other than a prehospital EMS physician, shall provide EMS pursuant to department-approved protocols and medical command orders.

(2)  The protocols shall identify circumstances in which an EMS provider shall seek direction from a medical command physician, which direction may be given by the physician in person or through an authorized agent or via radio or other telecommunications device approved by the department, and shall address the responsibilities of an EMS provider when medical command cannot be secured or is disrupted.

(i)  Reports of convictions, discipline and exclusions.--

(1)  An applicant for an EMS provider certification shall report to the department all misdemeanor, felony and other criminal convictions that are not summary or equivalent offenses, and all disciplinary sanctions that have been imposed upon a license, certification or other authorization of the applicant to practice an occupation or profession, and any exclusion from a Federal or State health care program of the applicant or an entity in which the applicant had equity or capital, stock or profits of the entity equal to at least 5% of the value of the property or assets of the entity at the time of the exclusion.

(2)  The applicant shall also provide the department with a certified copy of the criminal charging, judgment and sentencing documents for each conviction and a certified copy of an adjudication or other document imposing discipline against the applicant.

(3)  The department may not certify an applicant until the department receives the documents, unless the applicant establishes that the documents from which certified copies are to be made no longer exist.

(4)  An EMS provider shall report the same type of convictions, disciplinary sanctions and exclusions and provide the same documents to the department within 30 days after each conviction, discipline and exclusion.

(j)  Identification.--

(1)  An EMS provider shall provide proof of authority to practice as an EMS provider if requested when providing services as an EMS provider.

(2)  For purposes of this subsection, "proof of authority to practice" means a card or certificate issued by the department that shows current registration of the EMS provider's certification.

(k)  Change of address.--

(1)  An EMS provider and an applicant for EMS provider certification shall ensure that the department has the current address at which the person can be reached by mail at all times.

(2)  Neither an EMS provider's home address, telephone number nor any other residential contact information provided to the department shall be deemed a public record.

(l)  Current registration.--To provide EMS, an EMS provider shall maintain current registration of his certification as an EMS provider.

(m)  Downgrading certification or practice.--

(1)  An EMS provider who has a currently registered certification as an advanced EMT or higher-level EMS provider and is not permitted to practice at that level by an EMS agency pursuant to sections 8125(b)(2) (relating to medical director of emergency medical services agency) and 8129(k) (relating to emergency medical services agencies) may function as a lower-level EMS provider for that EMS agency, as authorized by the EMS agency medical director, if the EMS agency permits.

(2)  Upon expiration of the biennial registration period, an EMS provider who is at or above the advanced EMT level and whose practice for an EMS agency has been downgraded pursuant to sections 8125(b)(2) and 8129(k) may choose to maintain current registration of the EMS provider's certification by meeting the biennial registration requirements for that certification.

(3)  An EMS provider who has a currently registered certification as an advanced EMT or higher-level EMS provider and does not meet the requirements for biennial registration of that certification may apply to and secure from the department registration of a lower-level EMS provider certification if the EMS provider meets the registration requirements for that certification.

(4)  Instead of a registration certificate, the department shall issue a lower-level certification to an EMS provider who does not already have that certification and applies for a registration of that certification under this subsection.

(5)  An EMS provider whose practice level has been downgraded under this section and who does not maintain current registration of the higher-level certification may not display an insignia, patch or any other indicia of the higher-level certification when providing EMS.

(n)  Biennial registrations.--

(1)  The biennial registration of each EMS provider certification subject to a biennial registration requirement shall expire on January 1 of the next even-numbered year.

(2)  The continuing education requirements for the biennial registration following the initial registration of a certification shall be prorated based upon the month in which the EMS provider became certified, with any fractional requirement rounded down.

(o)  Exceptions for members of armed forces returning from tour of duty.--EMS providers and EMS vehicle operators returning from active military service who have a certification registration that expired during their tours of duty or will expire within 12 months after their return from military duty may secure an exception to satisfying the continuing education requirements for certification registration as follows:

(1)  EMS providers who have a triennial certification registration requirement may secure an exception to the period of time in which they would otherwise need to meet continuing education requirements for triennial registration of their certifications, as the department deems appropriate.

(2)  EMS providers and EMS vehicle operators who have a biennial certification registration requirement may secure an exception to the period of time in which they would otherwise need to meet continuing education requirements for biennial registration of their certifications, as the department deems appropriate. Before an EMS provider without a current biennial registration begins to work for an EMS agency, the EMS agency medical director must determine that the EMS provider has continuing competency in the knowledge and skills required to provide the services the EMS agency will assign to the EMS provider.

(3)  EMS providers may seek an exception to their continuing education requirements for certification registration by asking the department to endorse their relevant military training as satisfying some or all of the applicable continuing education requirements.

35c8113v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that subsecs. (a), (c), (d) and (n) shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

Cross References.  Section 8113 is referred to in sections 8116, 8117, 8118, 8119, 8120 of this title.

35c8114s

§ 8114.  Emergency medical responders.

(a)  Scope of practice.--An EMR performs for an EMS agency BLS skills involving basic interventions with minimum EMS equipment as follows:

(1)  As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until a higher-level EMS provider arrives at the scene and then may assist that EMS provider.

(2)  As a member of the crew of an ambulance.

(3)  In another capacity as authorized by the department by regulation.

(b)  Certification.--The department shall certify as an EMR an individual who meets all of the following:

(1)  Is at least 16 years of age.

(2)  Has successfully completed an EMR training course approved by the department.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed an EMR skills practical examination approved by the department.

(5)  Has passed a written EMR certification examination approved by the department.

(c)  Triennial registration.--An EMR's certification is deemed registered for three years after issuance. An EMR must register the EMR certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. The following shall apply:

(1)  The department shall issue a triennial registration of an EMR certification to an EMR who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time established by regulation of the department.

(ii)  Successfully:

(A)  completes EMR triennial registration practical skills and written knowledge examinations approved by the department; or

(B)  secures continuing education credits for EMR triennial registration as required by the department in continuing education programs approved by the department.

(2)  An EMR whose registration of an EMR certification has expired must qualify for a triennial registration of the certification as prescribed by regulation of the department.

(d)  Transition for first responders.--An individual who is certified as a first responder on the effective date of this section shall be considered to be an EMR with a current registration and shall be subject to the triennial registration requirements of an EMR. The registration of the EMR certification shall expire on the same date the first responder certification would have expired if the first responder certification remained in effect.

(e)  Transition for ambulance attendants.--An individual who is an ambulance attendant on the effective date of this section shall be considered to be an EMR with a current registration and shall be subject to the triennial registration requirements of an EMR. The registration of the EMR certification shall expire on the same date that the person's qualifications as an ambulance attendant expire and would have needed to be renewed.

35c8114v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8114 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8115s

§ 8115.  Emergency medical technicians.

(a)  Scope of practice.--An EMT performs basic EMS skills involving basic interventions and equipment found on an EMS vehicle as follows:

(1)  For an EMS agency as a member of the crew of an ambulance.

(2)  For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital setting until an ambulance arrives and then may assist the ambulance crew.

(3)  As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.

(4)  For an EMS agency in another capacity authorized by regulation of the department.

(b)  Certification.--The department shall certify as an EMT an individual who meets all of the following:

(1)  Is at least 16 years of age.

(2)  Has successfully completed an EMT training course which:

(i)  teaches basic EMS; and

(ii)  is approved by the department.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed an EMT skills practical examination approved by the department.

(5)  Has passed a written EMT certification examination approved by the department.

(c)  Triennial registration.--An EMT's certification is deemed registered for three years after issuance. An EMT must register the EMT certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. The following shall apply:

(1)  The department shall issue a triennial registration of an EMT certification to an EMT who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time established by regulation of the department.

(ii)  Successfully:

(A)  completes EMT triennial registration practical skills and written knowledge examinations approved by the department; or

(B)  secures continuing education credits for EMT triennial registration as required by the department in continuing education programs approved by the department.

(2)  An EMT whose registration of an EMT certification has expired must qualify for a triennial registration of the certification as prescribed by regulation of the department.

35c8115v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8115 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8116s

§ 8116.  Advanced emergency medical technicians.

(a)  Scope of practice.--An advanced EMT performs basic EMS and ALS skills which include interventions and administration of medications with basic and advanced equipment found on an EMS vehicle as follows:

(1)  For an EMS agency as a member of the crew of an ambulance.

(2)  For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3)  As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.

(4)  For an EMS agency in another capacity as authorized by regulation of the department.

(b)  Certification.--The department shall certify as an advanced EMT an individual who meets all of the following:

(1)  Is at least 18 years of age.

(2)  Has successfully completed a course under subparagraph (i) or (ii):

(i)  An advanced EMT training course which:

(A)  teaches basic life support skills;

(B)  teaches advanced life support skills deemed appropriate by regulation of the department; and

(C)  is approved by the department.

(ii)  An EMT course and secured training and education, through continuing education courses, in skills included in the scope of practice for an advanced EMT for which the applicant did not receive training in the EMT course.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed an advanced EMT skills practical examination approved by the department.

(5)  Has passed a written advanced EMT certification examination approved by the department.

(c)  Biennial registration.--An advanced EMT's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, an advanced EMT must register the advanced EMT certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process, as prescribed by regulation of the department. The following shall apply:

(1)  The department shall issue a biennial registration of an advanced EMT certification to an advanced EMT who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time established by regulation of the department.

(ii)  Successfully:

(A)  completes advanced EMT biennial registration practical skills and written knowledge examinations approved by the department; or

(B)  secures continuing education credits for advanced EMT biennial registration as required by the department in continuing education programs approved by the department.

(2)  An advanced EMT whose registration of an advanced EMT certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department.

35c8116v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8116 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8117s

§ 8117.  Paramedics.

(a)  Scope of practice.--A paramedic is a higher-level EMS provider than an advanced EMT. A paramedic performs basic and advanced EMS skills which include interventions and administration of medications with basic and advanced equipment found on an EMS vehicle as follows:

(1)  For an EMS agency as a member of the crew of an ambulance.

(2)  For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3)  As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.

(4)  For an EMS agency in another capacity authorized by regulation of the department.

(b)  Paramedic training.--To be eligible to enroll in a paramedic training course required for certification as a paramedic, an individual must satisfy all of the following:

(1)  Be at least 18 years of age when the course commences.

(2)  Have a high school diploma or its equivalent.

(3)  Be currently certified by the department as an EMT or advanced EMT.

(c)  Certification.--The department shall certify as a paramedic an EMT or advanced EMT who meets all of the following:

(1)  Is at least 18 years of age.

(2)  Has successfully completed a paramedic training course which:

(i)  teaches basic life support skills;

(ii)  teaches advanced life support skills deemed appropriate by regulation of the department; and

(iii)  is approved by the department.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed a paramedic skills practical examination approved by the department.

(5)  Has passed a written paramedic certification examination approved by the department.

(d)  Biennial registration.--A paramedic's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a paramedic must register the paramedic certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process as prescribed by regulation of the department. The following shall apply:

(1)  The department shall issue a biennial registration of a paramedic certification to a paramedic who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time established by regulation of the department.

(ii)  Successfully secures continuing education credits for paramedic biennial registration as required by the department in continuing education programs approved by the department.

(2)  A paramedic whose registration of a paramedic certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department.

35c8117v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8117 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8118s

§ 8118.  Prehospital registered nurses.

(a)  Scope of practice.--A PHRN is a higher-level EMS provider than an advanced EMT. A PHRN performs for an EMS agency basic and advanced EMS skills and, as authorized by the department, additional nursing skills within the scope of practice of a registered nurse under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, or a successor act, as follows:

(1)  As a member of the crew of an ambulance.

(2)  As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3)  As a first aid or safety officer, or in a similar capacity, as prescribed by regulation of the department.

(4)  In another capacity as authorized by regulation of the department.

(b)  Certification.--The department shall certify as a PHRN an individual who meets all of the following:

(1)  Has a current license as a registered nurse with the State Board of Nursing.

(2)  Is at least 18 years of age.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed a PHRN skills practical examination approved by the department.

(5)  Has passed a written PHRN certification examination approved by the department.

(c)  Biennial registration.--A PHRN's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a PHRN must register the PHRN certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process, as prescribed by regulation of the department. The following shall apply:

(1)  The department shall issue a biennial registration of a PHRN certification to a PHRN who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time established by regulation of the department.

(ii)  Has current registration of a registered nurse license.

(iii)  Successfully secures continuing education credits for a PHRN biennial registration as required by the department in continuing education programs approved by the department.

(2)  A PHRN whose registration of a PHRN certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department.

35c8118v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8118 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8119s

§ 8119.  Prehospital physician extenders.

(a)  Scope of practice.--A PHPE is a higher-level EMS provider than an advanced EMT. A PHPE performs for an EMS agency basic and advanced EMS skills and, as authorized by regulation of the department, additional physician assistant skills within the scope of practice of a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, or a successor act, as follows, but supervision of a PHPE shall be conducted as set forth in this chapter:

(1)  As a member of the crew of an ambulance.

(2)  As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3)  As a first aid or safety officer, or in a similar capacity, for an EMS agency as prescribed by regulation of the department.

(4)  In another capacity as authorized by regulation of the department.

(b)  Certification.--The department shall certify as a PHPE a physician assistant who meets all of the following:

(1)  Has a currently registered license as a physician assistant with the State Board of Medicine or the State Board of Osteopathic Medicine.

(2)  Is at least 18 years of age.

(3)  Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4)  Has passed a PHPE skills practical examination approved by the department.

(5)  Has passed a written PHPE certification examination approved by the department.

(c)  Biennial registration.--A PHPE's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a PHPE must register the PHPE certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process as prescribed by regulation of the department. The following shall apply:

(1)  The department shall issue a biennial registration of a PHPE certification to a PHPE who:

(i)  Has a current registration and applies for a new registration no later than:

(A)  30 days before the current registration is to expire; or

(B)  a lesser time as established by regulation of the department.

(ii)  Has current registration of a physician assistant license.

(iii)  Successfully secures continuing education credits for PHPE biennial registration as required by the department in continuing education programs approved by the department.

(2)  A PHPE whose registration of a PHPE certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department.

35c8119v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8119 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8120s

§ 8120.  Prehospital emergency medical services physicians.

(a)  Scope of practice.--A prehospital EMS physician is a higher-level EMS provider than an advanced EMT. A prehospital EMS physician performs for an EMS agency basic and advanced EMS skills within the scope of practice of a physician under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, as applicable, or a successor act, as follows:

(1)  As a member of the crew of an ambulance.

(2)  As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency.

(3)  As a first-aid or safety officer, or in a similar capacity, as prescribed by regulation of the department.

(4)  In another capacity authorized by regulation of the department.

(b)  Certification.--The department shall certify as a prehospital EMS physician a physician who has:

(1)  Successfully completed one or more of the following:

(i)  An emergency medicine residency program that is accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii)  The first year of an emergency medicine residency program that satisfies the requirements of subparagraph (i) and has successfully completed programs approved by the department in advanced cardiac life support, advanced trauma life support and advanced pediatric life support.

(iii)  An anesthesia, family practice, internal medicine or general surgery residency program that is accepted by either the State Board of Medicine or the State Board of Osteopathic Medicine as providing the graduate medical training the board requires for issuance of a physician license without restriction and the successful completion of programs approved by the department in advanced cardiac life support, advanced trauma life support and advanced pediatric life support.

(2)  A current certificate evidencing successful completion of a CPR course acceptable to the department.

(3)  Passed an EMS skills practical examination approved by the department or served as a prehospital health professional physician prior to the effective date of this section.

(c)  Biennial registration.--A prehospital EMS physician's certification is deemed registered when the certification is issued. The initial registration shall expire under section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, a prehospital EMS physician shall register the prehospital EMS physician certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process as prescribed by the department. The following shall apply:

(1)  The department shall issue a biennial registration of a prehospital EMS physician certification to a prehospital EMS physician who meets all of the following:

(i)  Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time period as the department may establish by regulation.

(ii)  Has current registration of a physician license.

(iii)  Successfully secures continuing education credits for prehospital EMS physician biennial registration as required by the department in continuing education programs approved by the department.

(2)  A prehospital EMS physician whose registration of a prehospital EMS physician certification has expired shall qualify for a biennial registration of the certification as prescribed by regulation of the department.

(d)  Transition for prehospital health professional physicians.--A physician who served as a prehospital health professional physician prior to the effective date of this section and who satisfies the certification requirements under subsection (b)(1) may serve as a prehospital EMS physician for 90 days after the effective date of this section without having secured a certification as a prehospital EMS physician.

35c8120v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8120 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

35c8121s

§ 8121.  Certification sanctions.

(a)  Grounds for discipline.--The department may discipline an EMS provider or applicant for EMS provider certification for any of the following reasons:

(1)  Lack of physical or mental ability to provide adequate services.

(2)  Deceptive or fraudulent procurement or representation of certification or registration credentials or for making misleading, deceptive or untrue representations to secure or aid or abet another person to secure a certification, license, registration or any other authorization issued by the department under this chapter.

(3)  Willful or negligent misconduct in providing EMS or practicing beyond the scope of certification authorization without legal authority to do so.

(4)  Abuse or abandonment of a patient.

(5)  The rendering of services while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(6)  The operation of an emergency vehicle in a reckless manner or while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(7)  Disclosure of medical or other information about a patient where prohibited by Federal or State law.

(8)  Willful preparation or filing of a false medical report or record or the inducement of others to do so.

(9)  Destruction of a medical report or record required to be maintained.

(10)  Refusal to render emergency medical care because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem or financial inability to pay.

(11)  Failure to comply with department-approved protocols.

(12)  Failure to comply with reporting requirements imposed under this chapter or as established by the department.

(13)  Practicing without the current registration of a certification.

(14)  Conviction of a felony, a crime related to the practice of the EMS provider or a crime involving moral turpitude. For the purposes of this paragraph, a conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere.

(15)  Willful falsification of or a failure to complete details on an EMS patient care report.

(16)  Misappropriation of drugs or EMS agency property.

(17)  Having a certification or other authorization to practice a profession or occupation revoked, suspended or subjected to other disciplinary sanction.

(18)  Violating or aiding or abetting another person to violate a duty imposed under this chapter, a regulation promulgated under this chapter or an order of the department previously entered in a disciplinary proceeding.

(19)  Based upon a finding of misconduct by the relevant Federal or State agency, having been excluded from a Federal or State health care program or having had equity or capital, stock or profits of an entity equal to 5% or more of the value of the property or assets of the entity when it was excluded from a Federal or State health care program.

(20)  Any other reason as determined by the department which poses a threat to the health and safety of the public.

(b)  Disciplinary options.--If the department is empowered to take disciplinary action against an individual under this section, the department may do one or more of the following:

(1)  Deny the application for certification.

(2)  Issue a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict the certification.

(4)  Require the person to take refresher educational courses.

(5)  Impose a civil money penalty not exceeding $1,000 for each incident in which the EMS provider engages in conduct that constitutes a basis for discipline.

(6)  Stay enforcement of any suspension, revocation or other discipline and place the individual on probation with the right to vacate the probationary order for noncompliance.

(c)  Registration of certification.--The department shall not deny a registration of an EMS provider certification without giving the applicant prior notice of the reason for the denial and providing an opportunity for a hearing.

(d)  Reinstatement.--A person whose certification has been revoked may not apply for reinstatement of that certification. A person may petition the department for allowance to apply for a new certification five years from the effective date of the revocation by filing with the department a petition that avers facts to establish that the person has been rehabilitated to an extent that issuing the person a certification would not be detrimental to the public interest. The department may grant or deny the petition, without conducting a hearing, if it accepts as true all facts averred, other than the conclusory averments, such as that the person has been rehabilitated. If the department grants the person allowance to apply for a new certification, the person shall repeat the training program and the certification examinations for the level of certification for which the person is applying and satisfy all other requirements for the certification that exist at the time of reapplication. If the department does not grant the person allowance to apply for a new certification, the person may not again petition the department for allowance to apply for a new certification until another year from the date of denial.

35c8121v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8121 shall take effect 180 days after the publication of the notice in section 7.

Cross References.  Section 8121 is referred to in sections 8113, 8123, 8124 of this title.

35c8122s

§ 8122.  Emergency medical services vehicle operators.

(a)  Certification.--An EMS vehicle operator certification shall be permanent, subject to disciplinary action under this section. The department shall certify as an EMS vehicle operator a person who meets all of the following:

(1)  Completes an application for an EMS vehicle operator certification on a form or through an electronic application process, as prescribed by the department.

(2)  Is at least 18 years of age.

(3)  Has a current license to operate the vehicle.

(4)  Is not addicted to alcohol or drugs.

(5)  Is free from physical or mental defect or disease that may impair the person's ability to drive an EMS vehicle.

(6)  Has successfully completed an emergency vehicle operator's course of instruction approved by the department.

(7)  Has not:

(i)  Been convicted within the last four years prior to the date of application of driving under the influence of alcohol or drugs.

(ii)  Within the last two years prior to the date of application, been convicted of reckless driving or had a driver's license suspended due to use of drugs or alcohol or a moving traffic violation.

(8)  Has successfully completed an emergency vehicle operator's course of instruction approved by the department following a disqualification from certification under paragraph (7), regardless of whether the person successfully completed the course previously.

(b)  Registration.--An EMS vehicle operator, other than an EMS vehicle operator who operates a vehicle exclusively for a QRS, shall register the EMS vehicle operator's certification. An EMS vehicle operator who operates an EMS vehicle exclusively for a QRS shall have no registration requirements. Except as otherwise provided in this subsection, an EMS vehicle operator's certification shall be deemed registered for three years after issuance. An EMS vehicle operator may not operate a ground EMS vehicle unless the certification is currently registered. The following shall apply:

(1)  The department shall issue a registration of an EMS vehicle operator's certification to an EMS vehicle operator who meets all of the following:

(i)  Completes an application for registration on a form or through an electronic application process, as prescribed by the department.

(ii)  Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time period as the department may establish by regulation.

(iii)  Has a current license to operate the vehicle.

(iv)  Successfully completes continuing education credits for EMS vehicle operators as required by the department in continuing education programs approved by the department.

(2)  If a person who is issued an EMS vehicle operator's certification also has an EMS provider's certification, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the EMS provider's certification. If the person does not maintain current registration of the EMS provider's certification, the registration of the EMS vehicle operator's certification shall continue on the same renewal cycle. If an EMS vehicle operator who is an EMS provider becomes certified as a higher-level EMS provider, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the higher-level EMS provider's certification.

(3)  If an EMS provider's certification is subject to a biennial registration cycle, the continuing education requirements for the registration of the EMS vehicle operator's certification following the initial registration of the certification shall be prorated based upon the month in which the EMS provider became certified, with any fractional requirement rounded down.

(4)  An EMS vehicle operator whose registration of an EMS vehicle operator's certification has expired shall qualify for a biennial registration of the certification as prescribed by regulation of the department.

(c)  Transition for EMS vehicle operators.--An individual who served as an EMS vehicle operator prior to the effective date of this section and who satisfies the EMS vehicle operator's certification requirements under subsection (a) may serve as an EMS vehicle operator for 90 days after the effective date of this section without having secured a certification as an EMS vehicle operator.

(d)  Grounds for discipline.--The department may suspend or revoke or, as applicable, refuse to issue an EMS vehicle operator's certification for any of the following reasons:

(1)  Lack of physical or mental ability to operate an EMS vehicle.

(2)  Deceptive or fraudulent procurement or representation of certification or registration credentials or for making misleading, deceptive or untrue representations to secure a certification or registration.

(3)  The operation of an emergency vehicle in a reckless manner or while under the influence of alcohol, illegal drugs or the knowing abuse of legal drugs.

(4)  Having a driver's license suspended due to use of alcohol or drugs or a moving traffic violation.

(5)  Conviction of a felony or crime involving moral turpitude. For the purposes of this paragraph, a conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere.

(6)  Failing to perform a duty imposed upon an EMS vehicle operator under this chapter or a related regulation.

(7)  Other reasons as determined by the department which pose a threat to the health and safety of the public.

(e)  Suspension of certification.--If the department suspends a certification, it may also impose conditions for the lifting of the suspension, including requiring the person to successfully repeat an emergency vehicle operator's course approved by the department.

(f)  Reporting responsibilities and automatic suspension.--An EMS vehicle operator shall report to the department within 30 days a suspension of that person's driver's license or a conviction of reckless driving, a felony, a misdemeanor or any other crime that is not a summary offense or equivalent. For a conviction of driving under the influence of alcohol or drugs or reckless driving or for suspension of a driver's license, the certification shall automatically be suspended for the periods of time specified in subsection (a)(7).

(g)  Change of address.--

(1)  An EMS vehicle operator and an applicant for an EMS vehicle operator's certification shall ensure that the department has the current address at which the person can be reached by mail at all times.

(2)  Neither an EMS vehicle operator's home address, telephone number nor any other residential contact information provided to the department shall be deemed a public record.

35c8122v

 

Effective Date.  Section 9(1) of Act 37 of 2009 provided that section 8122 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.

Cross References.  Section 8122 is referred to in section 8123 of this title.

35c8123s

§ 8123.  Suspension of certification.

(a)  Temporary suspensions.--The department may temporarily suspend the certification of an EMS provider or EMS vehicle operator without a hearing if the department determines that the person is a clear and immediate danger to the public health and safety. Notice to a provider or operator of a temporary suspension shall include a written statement of the underlying factual allegations. After issuance of the notice, the department shall commence formal disciplinary action against the person under section 8121 (relating to certification sanctions) or 8122 (relating to emergency medical services vehicle operators). Within 30 days following the issuance of an order temporarily suspending the certification, the department shall conduct a preliminary hearing to determine if there is a prima facie case supporting the temporary suspension. The person may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses and offer testimony and other evidence. If the department determines that there is not a prima facie case, the suspension shall be lifted immediately. If the department determines that there is a prima facie case, the temporary suspension shall remain in effect until vacated by the department, but not longer than 180 days unless agreed upon by the parties.

(b)  Automatic suspensions.--The department shall automatically suspend a certification issued under this chapter upon receiving a certified copy of court records establishing that the person has been adjudicated as incapacitated under 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation) or an equivalent statutory provision. The department shall lift the suspension upon the person establishing to the department that the person has been adjudicated to have regained capacity under 20 Pa.C.S. § 5517 (relating to adjudication of capacity and modification of existing orders) or an equivalent statutory provision.

35c8124s

§ 8124.  Emergency medical services instructors.

(a)  Certification.--An EMS instructor's certification is permanently subject to disciplinary action under this section. The department shall certify as an EMS instructor a person who:

(1)  Completes an application for an EMS instructor's certification on a form or through an electronic application process, as prescribed by the department.

(2)  Is at least 18 years of age.

(3)  Has successfully completed an EMS instructor's course approved by the department or possesses a bachelor's degree in education, a teacher's certification in education or a doctorate or master's degree.

(4)  Is certified and currently registered as an EMT or higher-level EMS provider.

(5)  Possesses current certification in a CPR course acceptable to the department or current certification as a CPR instructor.

(6)  Has at least one year's experience working as an EMT or higher-level EMS provider.

(7)  Has provided at least 20 hours of monitored instruction time in an EMS provider's certification program.

(b)  Triennial registration.--

(1)  An EMS instructor's certification is deemed registered for three years after issuance. An EMS instructor shall register the EMS instructor's certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. An EMS instructor may not teach in an accredited EMS institute, pursuant to an EMS instructor's certification, unless the certification is currently registered. The department shall issue a triennial registration of an EMS instructor's certification to an EMS instructor who:

(i)  Has completed an application for triennial registration on a form or through an electronic application process, as prescribed by the department.

(ii)  Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time as the department may establish by regulation.

(iii)  Has taught at least 60 hours of EMS provider's certification or rescue courses approved by the department during the previous three years.

(iv)  Is certified and currently registered as an EMT or higher-level EMS provider.

(v)  Possesses current certification in a CPR course acceptable to the department or current certification as a CPR instructor.

(2)  An EMS instructor whose registration as an EMS instructor's certification has expired shall qualify for a triennial registration of the certification as prescribed by regulation of the department.

(c)  Regulations.--The department may adopt regulations to set standards for EMS instructors in providing instruction in EMS institutions.

(d)  Grounds for discipline.--The department may impose discipline against an EMS instructor for the following reasons:

(1)  Any reason an EMS provider may be disciplined under section 8121 (relating to certification sanctions).

(2)  Providing instruction while under the influence of alcohol or illegal drugs or the knowing abuse of legal drugs.

(3)  Failing to perform a duty imposed upon an EMS instructor by this chapter or a related regulation.

(4)  Other reasons as determined by the department that pose a threat to the health, safety or welfare of students.

(e)  Disciplinary options.--If the department is empowered to impose discipline against an individual under this section, the department may do one or more of the following:

(1)  Deny the application for certification.

(2)  Issue a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict the certification.

(4)  Impose a civil money penalty not exceeding $1,000 for each incident in which the EMS instructor engages in conduct that constitutes a basis for discipline.

(5)  Stay enforcement of any suspension, revocation or other discipline and place the individual on probation with the right to vacate the probationary order for noncompliance.

(f)  Construction.--This section shall not be construed to require the certification as EMS instructors of all instructors of EMS courses accepted toward educational requirements for EMS provider's certification or toward continuing education requirements for the registration of EMS provider's certifications.

35c8125s

§ 8125.  Medical director of emergency medical services agency.

(a)  Qualifications.--To qualify and continue to function as an EMS agency medical director, an individual shall:

(1)  Be a physician.

(2)  Satisfy one of the following:

(i)  Have successfully completed an emergency medicine residency program accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii)  Have successfully completed a residency program in surgery, internal medicine, family medicine, pediatrics or anesthesiology, accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine. The physician shall also have successfully completed or taught an advanced cardiac life support course acceptable to the department within the preceding two years and have completed, at least once, an advanced trauma life support course acceptable to the department and an advanced pediatric life support course acceptable to the department or other programs determined by the department to meet or exceed the standards of these programs.

(iii)  Have served as an advanced life support service medical director under the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, prior to the effective date of this chapter.

(3)  Have a valid Drug Enforcement Agency number.

(4)  Have completed the EMS agency medical director's course, an EMS fellowship or other EMS training program that is determined by the department to be equivalent. This training shall assure that the EMS agency medical director has knowledge of:

(i)  The scope of practice of EMS providers.

(ii)  The provision of EMS pursuant to department-approved protocols.

(iii)  The interface between EMS providers and medical command physicians.

(iv)  Quality improvement principles.

(v)  Emergency medical dispatch principles and EMS agency communication capabilities.

(vi)  EMS system design and operation.

(vii)  Federal and State laws and regulations regarding EMS.

(viii)  Regional and State mass casualty and disaster plans.

(b)  Roles and responsibilities.--An EMS agency medical director is responsible for the following:

(1)  Reviewing department-approved EMS protocols that are applicable to the EMS agency and ensuring that its EMS providers and other relevant personnel are familiar with the protocols applicable to them.

(2)  Conducting for and reporting to the EMS agency the following:

(i)  An initial assessment of an EMS provider at or above the advanced EMT level to determine whether the EMS provider has demonstrated competency in the knowledge and skills one must have to competently perform the skills within the scope of practice of the EMS provider at that level and a commitment to adequately perform other functions relevant to the EMS provider providing EMS at that level. This subparagraph does not apply if the EMS provider was working for the EMS agency at the same level prior to the physician becoming the medical director for the EMS agency and the EMS provider was credentialed at that EMS agency within the last year as being able to perform at the EMS provider's certification level.

(ii)  At least annually, an assessment of each EMS provider at or above the advanced EMT level as to whether the EMS provider has demonstrated competency in the knowledge and skills an EMS provider must have to competently perform the skills within the scope of practice of the EMS provider at that level and a commitment to adequately perform other functions relevant to the EMS provider providing EMS at that level.

(3)  Participating in and reviewing quality improvement reviews of patient care provided by the EMS agency and participating in the Statewide and regional quality improvement program.

(4)  Providing medical guidance and advice to the EMS agency.

(5)  Providing guidance with respect to the ordering, stocking and replacement of drugs and compliance with laws and regulations impacting upon the EMS agency's acquisition, storage and use of those drugs.

(6)  Maintaining a liaison with the regional EMS medical director.

(7)  Recommending to the department suspension, revocation or restriction of EMS provider's certifications.

(8)  Reviewing regional mass casualty and disaster plans.

(9)  Performing other functions as the department may impose by regulation.

35c8125v

 

References in Text.  The act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act, referred to in subsec. (a), was repealed by the act of August 18, 2009 (P.L.308, No.37). The subject matter is now contained in Chapter 81.

Cross References.  Section 8125 is referred to in sections 8113, 8129 of this title.

35c8126s

§ 8126.  Medical command physicians and facility medical directors.

(a)  Role of medical command physician.--A medical command physician communicates with and issues medical command orders to EMS providers when they seek direction. A medical command physician shall have an arrangement with a medical command facility to provide medical command on its behalf and shall function under the direction of a medical command facility medical director and under the policies and procedures of the medical command facility. A medical command physician shall provide medical command to EMS providers consistent with Statewide protocols and protocols that are in effect in either the region in which treatment originates or the region from which the EMS providers begin receiving medical command from a medical command physician. For good cause, a medical command physician may give medical command orders that are inconsistent with these protocols.

(b)  Certification.--The department shall certify as a medical command physician a physician who was approved as a medical command physician in this Commonwealth immediately prior to the effective date of this section. The department shall also certify as a medical command physician a physician who:

(1)  Completes an application for medical command physician certification on a form or through an electronic application process, as prescribed by the department.

(2)  Satisfies one of the following:

(i)  Has successfully completed an emergency medicine residency program accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii)  Has successfully completed or taught an advanced cardiac life support course acceptable to the department within the preceding two years and has successfully completed or taught an advanced trauma life support course acceptable to the department and an advanced pediatric life support course acceptable to the department or other programs determined by the department to meet or exceed the standards of these programs.

(iii)  Has had an emergency medicine practice in another jurisdiction and establishes to the department that the physician has a combination of training, education and emergency medicine practice that makes the physician qualified to serve as a medical command physician.

(3)  Has completed a medical command course offered or approved by the department.

(4)  Is practicing as an emergency medicine physician or is participating as a resident in a second or subsequent year in an emergency medicine residency program or has had at least three years' experience as a full-time emergency medicine physician.

(5)  Has a current Drug Enforcement Agency number, except for an emergency medicine resident who is authorized to use a hospital's Drug Enforcement Agency number for practice within the emergency medicine residency program.

(6)  Has an arrangement with a medical command facility to serve as a medical command physician for that facility after receiving certification as a medical command physician.

(c)  Triennial registration.--A medical command physician's certification is deemed registered for three years after issuance. A medical command physician shall triennially register the physician's certification with the department on a form or through an electronic application process, as prescribed by the department, as a condition for continued practice as a medical command physician. The department shall issue a triennial registration of a medical command physician's certification to a medical command physician within 30 days after the physician applies for a new registration if the physician demonstrates that the physician continues to meet the requirements for the certification, except the requirements of subsection (b)(2), and satisfies such other requirements as the department may impose by regulation.

(d)  Residents.--A physician who is in a second year in an emergency medicine residency program may issue medical command orders only to the extent that performance of that function is a component of and within the framework of the emergency medicine residency program and may do so only with supervision by a medical command physician who has served as a medical command physician for at least two years, has completed two years in an emergency medicine residency program or has secured medical command certification by satisfying subsection (b)(2)(iii).

(e)  Role of medical command facility medical director.--A medical command facility medical director shall be responsible for the following in a medical command facility:

(1)  Medical command.

(2)  Quality improvement.

(3)  Serving as a liaison with the regional EMS council medical director.

(4)  Participating in prehospital training activities.

(5)  Verifying to the department that a physician seeking a medical command physician's certification, based upon the physician's arrangement with the medical command facility, meets all certification requirements.

(6)  Ensuring that the medical command facility satisfies statutory and regulatory requirements.

(f)  Certification.--The department shall certify as a medical command facility medical director a physician who was approved as a medical command facility medical director in this Commonwealth immediately prior to the effective date of this section. The department shall also certify as a medical command facility medical director a physician who:

(1)  Completes an application for medical command facility medical director certification on a form or through an electronic application process, as prescribed by the department.

(2)  Is currently serving as a medical command physician.

(3)  Satisfies one of the following:

(i)  Has successfully completed a residency program in emergency medicine accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine.

(ii)  Has successfully:

(A)  completed a residency program in surgery, internal medicine, family medicine, pediatrics or anesthesiology accredited by a residency program accrediting body recognized by the State Board of Medicine or the State Board of Osteopathic Medicine; and

(B)  completed or taught:

(I)  an advanced cardiac life support course acceptable to the department within the preceding two years;

(II)  an advanced trauma life support course acceptable to the department; and

(III)  an advanced pediatric life support course acceptable to the department.

(4)  Has experience in prehospital and emergency department care of acutely ill or injured patients.

(5)  Has experience in providing medical command direction to EMS providers.

(6)  Has experience in the training of EMS providers both below and above the advanced EMT level.

(7)  Has experience in the medical audit, review and critique of EMS providers below and above the advanced EMT level.

(8)  Has an arrangement with a medical command facility to serve as its medical director after receiving certification as a medical command facility medical director.

(g)  Triennial registration.--A medical command facility medical director's certification is deemed registered for three years after issuance. A medical command facility medical director shall triennially register the physician's certification with the department on a form or through an electronic application process, as prescribed by the department, as a condition for continued practice as a medical command facility medical director. The department shall issue a triennial registration of a medical command facility medical director certification to a medical command facility medical director within 30 days after the physician applies for a new registration if the physician demonstrates that the physician continues to meet the requirements for the certification, except the requirements of subsection (f)(3), and satisfies such other requirements as the department may impose by regulation.

(h)  Grounds for discipline.--The department may discipline a medical command physician or medical command facility medical director for the following reasons:

(1)  Violating a responsibility imposed on the physician by this chapter or the related regulations.

(2)  Without good cause, failing to comply with a medical treatment, transport or transfer protocol established or approved by the department.

(i)  Types of discipline authorized.--When the department is empowered to discipline a medical command physician or medical command facility medical director under subsection (h), the department may do one or more of the following:

(1)  Deny the application for a certification.

(2)  Issue a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict or condition the certification.

(4)  Impose a civil money penalty not exceeding $1,000 for each incident in which the physician engages in conduct that constitutes a basis for discipline.

(5)  Stay enforcement of any suspension, revocation or other discipline and place the individual on probation with the right to vacate the probationary order for noncompliance.

35c8127s

§ 8127.  Medical command facilities.

(a)  Certification required.--To operate as a medical command facility, a medical unit must be certified by the department as a medical command facility. The department shall issue a certification to each medical unit that operated as a medical command facility immediately prior to the effective date of this section.

(b)  Application.--Application for certification shall be on a form or through an electronic application process prescribed by the department. The application shall solicit information necessary to determine that the applicant meets the certification requirements of this chapter.

(c)  Requirements.--An applicant shall establish that the applicant:

(1)  Is a distinct medical unit operated by a hospital or consortium of hospitals.

(2)  Possesses the necessary equipment and personnel for providing medical command to and control over EMS providers.

(3)  Employs a medical command facility medical director.

(4)  Has taken measures necessary to ensure that a medical command physician is available to provide medical command at all times.

(5)  Meets the communication, recordkeeping and other requirements of the department.

(d)  Additional requirements.--In addition to the requirements of subsection (c), the department may establish by regulation requirements for a medical command facility to ensure that it operates in an effective and efficient manner to achieve the purposes for which it is certified.

(e)  Triennial registration.--A medical command facility's certification is deemed registered for three years after issuance. A medical command facility must register its certification at three-year intervals by completing an application for triennial registration on a form or through an electronic application process prescribed by the department. The department shall grant or deny recertification within 30 days of receipt of the application.

(f)  Inspections and inquiries.--The department shall conduct an inspection of the medical unit of each applicant and also inspect existing medical command facilities from time to time as appropriate but not less than once every three years. The department shall have full and free access to examine the medical command facility and its records relating to its operation as a medical command facility. The medical command facility shall fully respond to any inquiry by the department relevant to the determination of whether the facility meets certification and operational requirements.

(g)  Grounds for discipline.--The department may discipline a medical command facility for the following reasons:

(1)  Violating a requirement of this section.

(2)  Violating a certification requirement or an operational requirement imposed under subsection (d).

(3)  Refusing to permit an inspection or respond to an inquiry under subsection (f).

(4)  Failing to comply, without just cause, with a medical treatment, transport or transfer protocol approved by the department.

(h)  Types of discipline.--When the department is empowered to discipline a medical command facility, the department may do one or more of the following:

(1)  Deny the application for a certification.

(2)  Issue a public reprimand.

(3)  Revoke, suspend, limit or otherwise restrict or condition the certification.

(4)  Impose a civil money penalty of up to $5,000 for each act that presents a basis for discipline.

(5)  Stay enforcement of any suspension, revocation or other discipline and place the facility on probation with the right to vacate the probationary order for noncompliance.

35c8128s

§ 8128.  Receiving facilities.

(a)  Purpose.--A receiving facility is a facility to which an ambulance may transport a patient who requires prompt medical care in addition to that provided by the ambulance crew after the crew responds to an emergency.

(b)  Requirements.--A receiving facility shall include, but need not be limited to, a fixed location having an organized emergency department, including a physician trained to manage cardiac, trauma, pediatric, medical, behavioral and all-hazards emergencies, who is present in the facility and available to the emergency department 24 hours per day and seven days per week. By regulation, the department may authorize other types of facilities to serve as receiving facilities for purposes of serving patients who have special medical needs.

(c)  Patient transports.--Unless directed otherwise by a medical command physician, the initial transport of a patient following an ambulance response to a reported emergency shall be to a receiving facility pursuant to a protocol under section 8105(c) (relating to duties of department) or 8109(c)(8) (relating to regional emergency medical services councils) or such other location as the department designated by protocol.

35c8129s

§ 8129.  Emergency medical services agencies.

(a)  License required.--A person may not, as an owner, agent or otherwise, operate, conduct, maintain, advertise or otherwise engage in or profess to be engaged in operating or providing an ambulance, advanced life support squad vehicle, basic life support squad vehicle, quick response service, special operations EMS service or other vehicle or service as prescribed by the department by regulation to provide EMS outside a health care facility or on roadways, airways or waterways of this Commonwealth unless the person holds a current EMS agency license authorizing the particular service or operation.

(b)  Application.--An application for an EMS agency license shall be submitted on a form or through an electronic application process prescribed by the department.

(c)  Issuance of license.--The department shall issue a license to an applicant when it is satisfied that:

(1)  The applicant and persons having substantial ownership interests in the applicant are responsible persons and the EMS agency will be staffed by and conduct its activities utilizing responsible persons. For purposes of this paragraph:

(i)  a responsible person is a person who has not engaged in any act contrary to justice, honesty or good morals which indicates that the person is likely to betray the public trust in carrying out the activities of an EMS agency or a person who has engaged in such conduct but has been rehabilitated and establishes that he or she is not likely to again betray the public trust;

(ii)  a person has a substantial ownership interest if the person has equity in the capital, stock or the profits of the EMS agency equal to 5% or more of the value of the property or assets of the EMS agency; and

(iii)  a person staffs an EMS agency if the person engages in an activity integral to operation of the EMS agency, including, but not limited to, making or participating in the making or execution of management decisions, providing EMS, billing, calltaking and dispatching.

(2)  The applicant meets supply and equipment requirements and each ambulance or other vehicle that will be used in providing EMS is adequately constructed and equipped and will be maintained and operated to safely and efficiently render the services offered.

(3)  The applicant will meet the staffing standards for its vehicles and services.

(4)  The applicant will provide safe and efficient services that are adequate for the emergency medical care, the treatment and comfort and, when appropriate, the transportation of patients.

(5)  The applicant will have an EMS agency medical director who, in addition to satisfying the criteria of section 8125(a) (relating to medical director of emergency medical services agency), satisfies other criteria the department may establish by regulation based on the types of vehicles and services the applicant intends to provide under the EMS agency license.

(6)  The applicant is in compliance with the rules and regulations promulgated under this chapter.

(d)  Persons under 18 years of age.--An EMS agency shall ensure that a person under 18 years of age, when providing EMS on behalf of the EMS agency, is directly supervised by an EMS provider who is at least 21 years of age who has the same or higher level of EMS provider certification and at least one year of active practice as an EMS provider.

(e)  Triennial registration.--An EMS agency's license is deemed registered for three years after the issuance. An EMS agency must register its license at three-year intervals by completing an application on a form or through an electronic application process prescribed by the department. The department shall act on the application within 90 days of receipt of a complete and accurate application. The department shall not deny a registration of a license without giving the applicant prior notice of the reason for denial and providing an opportunity for a hearing.

(f)  Nontransferability of license.--An EMS agency may not transfer its license. An EMS agency may enter into a contract with another entity for that entity to manage the EMS agency if that entity has been approved by the department to manage an EMS agency. The department may deny approval to an entity to provide management services for an EMS agency if:

(1)  the entity is not in compliance with this chapter or applicable regulations;

(2)  the entity is not a responsible person as defined in subsection (c)(1)(i);

(3)  a person having a substantial ownership interest in the entity is not a responsible person;

(4)  the entity will not be staffed by or conduct its activities through responsible persons; or

(5)  the entity refuses to provide the department with records or information reasonably requested to enable the department to make a determination.

(g)  Display.--As prescribed by department regulation, a current department-issued inspection sticker shall be displayed on each ambulance, advanced life support squad vehicle, basic life support squad vehicle and, as required by regulation, any other EMS vehicle authorized by the department.

(h)  Inspection.--The department or its agent shall inspect an applicant's vehicles, equipment and personnel qualifications prior to granting an EMS agency license and shall inspect an EMS agency from time to time, as deemed appropriate and necessary, but not less than once every three years.

(i)  Dispatching.--

(1)  An EMS agency that operates a communications center dispatching EMS resources shall use calltakers and dispatchers who satisfy the requirements of the Pennsylvania Emergency Management Agency under section 3(a)(6) of the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety Emergency Telephone Act, and shall use an emergency medical dispatch program approved by the department. An emergency medical dispatch program is a system or program that enables patients to be assessed and treated via telecommunication by using accepted medical dispatch standards.

(2)  Operation by an EMS agency of a communications center that dispatches EMS resources shall be considered part of the EMS agency's licensed operation and shall be subject to the requirements of this chapter and the department's regulations.