By Tom Yerace
The Valley News-Dispatch
TARENTUM, Pa. — An attorney retained by Fawn Township Fire Company No. 2 claims that township supervisors are “criminalizing the fire service” by setting rules that would set a statewide precedent.
Kim Houser of Greensburg, an attorney and a firefighter for almost 30 years and a state fire instructor, made that argument before the board Tuesday.
He was referring to a proposed ordinance requiring both township fire companies to file “run cards” that include each other, with Allegheny County 911 and the township.
That ordinance initially involved a fine of $1,000 and up to 30 days in jail for anyone not complying.
Houser said the ordinance has “horrific problems” that, for whatever problem the supervisors are seeking to resolve, will create “16 others.”
Run cards basically outline the response to different types of fires or emergencies. They spell out situations in which one or both fire companies are to be summoned and prescribes the equipment to be dispatched.
Animosity between the two fire companies and differences on how each company responds operationally led the township supervisors to believe that at least one fire company was considering leaving the other company off its run card, according to Solicitor Steve Yakopec.
That prompted the township supervisors to propose the ordinance.
According to supervisors chairman Dave Montanari, a key difference is that Fawn No. 1 will immediately dispatch equipment while Fawn No. 2’s chief or an officer will head to the scene to assess the situation before calling what equipment is needed.
However, Yakopec pointed out to Houser on Tuesday that the proposed ordinance has been revised.
The initial ordinance required that both companies respond to the scene with a fire engine if it is possible to crew one.
That requirement has been dropped. Also, the proposed maximum fine of $1,000 has been dropped but replaced with a $300 fine. The 30-day jail sentence is still there.
“So that’s the only thing that has been criminalized, not having run cards?” Houser asked.
“That’s right,” Yakopec replied.
“I get what you are trying to do but to criminalize it, that’s the short-sighted part of it,” Houser said.
He said the ordinance will do nothing to help encourage people to volunteer for the fire service.
Yakopec said under state law, the township code requires enforcement of a summary offense to be handled that way.
“In something like this I normally wouldn’t put a penalty in it, but for that clause,” Yakopec said.
Houser also cautioned the township supervisors that they are ultimately responsible for the run cards and could be sued as a result.
“I disagree that (supervisors) are responsible to the degree he thinks they are,” Yakopec said.
“Once a municipality begins to dictate fire response, that means they own it,” Houser said. “But they have to rely on the folks at the fire companies putting together those run cards and that they are not creating holes or blind spots.
“I’ve never seen an ordinance like it in the state of Pennsylvania.”
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(c)2015 The Valley News-Dispatch (Tarentum, Pa.)
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