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Public Notice

60 W. Emaus St.
Middletown, PA 17057
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TO THE RESIDENTS OF THE BOROUGH OF MIDDLETOWN

Notice is hereby given that the Borough Council of the Borough of Middletown will consider for adoption the following Ordinance at the Regular Business Meeting on April 3, 2018 at 7 p.m. in the Council Chambers of Middletown Borough Council located at Borough Hall, 60 West Emaus Street, Middletown, PA 17057.

ORDINANCE NO. 1348 FOR THE YEAR 2018

AN ORDINANCE OF THE BOROUGH OF MIDDLETOWN, DAUPHIN COUNTY,PENNSYLVANIA, AMENDING CHAPTER 155 (FIRE PREVENTION) OF THE MIDDLETOWN BOROUGH CODE AND REPEALING ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THEREWITH, TO PROVIDE FOR THE RESIDENCY QUALIFICATIONS OF THE FIRE MARSHAL.

WHEREAS, the Borough of Middletown established the office of Fire Marshal, who shall be responsible for, among other things, enforcing the Borough Uniform Construction Code, assisting with the investigation of the cause of any fire, and serving as a volunteer firefighter; and

WHEREAS, the office of the Fire Marshal is to be filled by an individual duly appointed by the Borough Council and possessing certain qualifications as determined by Borough Council; and

WHEREAS, the Borough of Middletown has on various occasions amended the qualifications for Fire Marshal; and

WHEREAS, the Borough of Middletown wishes to further amend the qualifications for Fire Marshal.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Council of the Borough of Middletown that Section 155-13 of the Middletown Code of Ordinances be amended, effective immediately, to read as follows:

§155-13 Appointment, powers and duties.

A. The Borough shall maintain the position of Fire Marshal, who shall report to the Borough Manager of the Borough of Middletown; and two subordinate positions, one of which shall be entitled "Deputy Marshal" and shall be second in command in the absence of the Marshal; and the other shall be entitled "Assistant Marshal" and shall be third in command in the absence of the Marshal. The Deputy Marshal and Assistant Marshal shall report to the Marshal. The officers serve at the discretion of the Borough Manager and will likewise take the oath before the Mayor as detailed in § 23-6.

B. To be eligible to hold the office of Marshal, Deputy Marshal, or Assistant Marshal of the Borough, an individual must:

(1) Have attained the age of 26 years;

(2) Be an active, experienced firefighter, in good standing with MVFD for a period of at least five years;

(3) The Fire Marshal need not be a resident of the Borough, but the Fire Marshal must reside within a twenty-five (25) mile radius of the Middletown Borough Hall building; and

(4) Have completed such training classes as to qualify him or her as a Fire Marshal.

C. The Fire Marshal, in conjunction with the Borough Code Enforcement Officer, may be responsible for the enforcement of the Borough Uniform Construction Code, pursuant to Chapter 114 of the Borough of Middletown Code of Ordinances, and any and all applicable National Fire Protection Association (NFPA) Uniform Fire Codes, and/or all NFPA Fire Codes, as such may exist or be created; herein adopted as the Fire Code of the Borough of Middletown.

D. The Fire Marshal, in conjunction with the Dauphin County or State Fire Marshal, shall be responsible for assisting with the investigation of the cause of any fire, as requested or required.

E. The Fire Marshal, Deputy Fire Marshal, and Assistant Fire Marshal shall be volunteer firefighters serving Middletown and they shall continue to enjoy all the benefits, insurance protection and other emoluments of a volunteer firefighter. It is intended that these benefits shall apply to their performance of the duties as Fire Marshal and to the risks attendant thereupon.

F. Full police powers, including power to take into custody or arrest or to remove an individual(s) from a fire or explosion site, is hereby conferred upon the Fire Marshal, Deputy Fire Marshal, and Assistant Fire Marshal. Such powers may be exercised upon view and without warrant in order to implement the authority and responsibility vested in such office.

G. A penalty in furtherance of this chapter is hereby imposed for obstructing investigations by the Fire Marshal, Deputy Fire Marshal, or Assistant Fire Marshal as follows:

(1) If the investigation of fires or explosions, under any law of the Commonwealth, is impeded or obstructed, or if there is attempted or actual access by any person or persons to such buildings, structures or premises until evidence has been properly processed, or disturbance, removal or suppression of any physical evidence relating to the cause or origin of such fire or explosion, knowingly or with reason to know, or in violation of orders in the Fire Marshal, or Deputy Fire Marshal, or Assistant Fire Marshal, then, in accordance with § 127-14 of Chapter 127, Code Enforcement, any person, upon conviction in proceedings before a District Justice, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 and costs of prosecution and, in default of payment thereof, to imprisonment for a term not exceeding 30 days; each occurrence to be considered a separate violation.

If you would like to obtain a copy of the proposed Ordinance prior to the Regular Business Meeting, please contact the Borough Secretary at 717-902-0706 or at gmiller1@middletownborough.com.

BOROUGH OF MIDDLETOWN

Grace Miller, Borough Secretary

60 West Emaus Street

Middletown, PA 17057

#148 0314-1T

www.publicnoticepa.com

Posted 3/9/2018