PRINTER'S NO. 193
No. 202 Session of 1999
INTRODUCED BY BAKER, BELARDI, THOMAS, HERSHEY, NAILOR,
YOUNGBLOOD, COY, SAYLOR, CHADWICK, ARMSTRONG, BARRAR,
GORDNER, TIGUE, BATTISTO, WILT, E. Z. TAYLOR, CURRY, HARHAI,
FARGO, TRELLO, RAMOS, MELIO, SEYFERT, C. WILLIAMS, SOLOBAY,
J. TAYLOR, STEELMAN, MICHLOVIC AND PETRARCA, JANUARY 28, 1999
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JANUARY 28, 1999
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for the Interstate
3 Firefighting and Emergency Services Compact.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 71 of Title 35 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 SUBCHAPTER C
9 INTERSTATE FIREFIGHTING AND EMERGENCY
10 SERVICES COMPACT
11 Sec.
12 7121. Interstate Firefighting and Emergency Services Compact
13 enacted.
14 § 7121. Interstate Firefighting and Emergency Services Compact
15 enacted.
16 The Interstate Firefighting and Emergency Services Compact is
1 hereby enacted into law and entered into with all jurisdictions
2 legally joining in the compact in the form substantially as
3 follows:
4 Article 1
5 The purpose of this compact is to provide for effective
6 firefighting and the efficient delivery of emergency services
7 among the States. The prompt, full and productive utilization of
8 the firefighting and emergency services resources of the
9 respective States is essential to the health, safety and welfare
10 of their residents.
11 Article 2
12 It shall be the duty of each party State to formulate
13 firefighting and emergency services delivery plans and programs
14 for application in adjacent States. There shall be frequent
15 consultation between the representatives of the States and the
16 free exchange of information and plans, including rosters of
17 firefighters and emergency services personnel and materials and
18 equipment available for firefighting and the provision of
19 emergency services. In carrying out the plans and programs, the
20 party States shall, so far as possible, provide and follow
21 uniform standards, practices and rules.
22 Article 3
23 Any party State requested to render mutual aid shall take
24 such action as is necessary to provide and make available the
25 resources covered by this compact in accordance with its terms.
26 It is understood, however, that the State rendering aid may
27 withhold resources to the extent necessary to provide reasonable
28 protection for that State. Each party State shall extend to the
29 firefighters and emergency services personnel of any other party
30 State while operating within its State limits under the terms
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1 and conditions of this compact, the same powers (except that of
2 arrest, unless specifically authorized by the receiving State),
3 duties, rights, privileges and immunities as if they were
4 performing their duties in the State in which normally employed
5 or rendering services.
6 Article 4
7 Whenever any person holds a license, certificate or other
8 permit issued by any State evidencing the meeting of
9 qualifications for professional, mechanical or other skills, the
10 person may render aid involving the skill in any party State to
11 meet a fire, emergency or disaster, and the State in which the
12 aid is rendered shall give due recognition to the license,
13 certificate or other permit as if it were issued in the State in
14 which the aid is rendered.
15 Article 5
16 No party State or its officers or employees rendering aid in
17 another State under this compact shall be liable on account of
18 any act or omission in good faith while engaged in rendering aid
19 or on account of the maintenance or use of any equipment or
20 supplies in connection with rendering aid.
21 Article 6
22 Inasmuch as it is probable that the pattern and detail of the
23 machinery for mutual aid among two or more States may differ
24 from that appropriate among other States party to this compact,
25 this instrument contains elements of a broad base common to all
26 States, and nothing in this compact shall preclude any State
27 from entering into supplementary agreements with another State
28 or States. The supplementary agreements may comprehend but shall
29 not be limited to provisions for evacuation and reception of
30 injured and other persons and the exchange of medical, police,
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1 public utility, reconnaissance, welfare, transportation and
2 communications personnel, equipment and supplies.
3 Article 7
4 Each party State shall provide for the payment of
5 compensation to injured members of fire departments and
6 emergency services squads of that State and for the payment of
7 benefits to representatives of deceased members of fire
8 departments and emergency services squads in case the members
9 are killed while rendering aid under this compact in the same
10 manner and on the same terms as if the injury or death were
11 sustained within the State.
12 Article 8
13 (a) Any party State rendering aid in another State under
14 this compact shall be reimbursed by the party State receiving
15 the aid for any loss or damage to, or expense incurred in, the
16 operation of any equipment answering a request for aid and for
17 the cost incurred in connection with a request for aid. Any
18 aiding party State may, however, assume in whole or in part any
19 loss, damage, expense or other cost incurred or may loan
20 equipment or donate services to the receiving party State
21 without charge or cost.
22 (b) Subsection (a) shall not preclude two or more party
23 States from entering into supplementary agreements establishing
24 a specific formula for allocation of costs as among those
25 States.
26 Article 9
27 This compact shall be available to any State, territory or
28 possession of the United States and the District of Columbia.
29 Article 10
30 The term "emergency services" shall mean a fire department,
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1 an ambulance service, a rescue squad, a hazardous materials
2 response team or other entity formed for the purpose of
3 providing assistance at the scene of any accident, disaster,
4 hazardous materials spill or other threat to life or safety.
5 Article 11
6 This compact shall become operative immediately upon its
7 ratification by any State as between it and any other State or
8 States ratifying it. Duly authenticated copies of this compact
9 and any supplementary agreements shall, at the time of approval,
10 be deposited with each of the party States.
11 Article 12
12 This compact shall not be construed to affect the Middle
13 Atlantic Interstate Forest Fire Protection Compact or the
14 Interstate Civil Defense and Disaster Compact.
15 Article 13
16 This compact shall continue in force and remain binding on
17 each party State until the Legislature or the Governor of a
18 party State takes action to withdraw from it. An action to
19 withdraw shall not be effective until 30 days after notice of
20 intent to withdraw has been sent by the Governor of the party
21 State desiring to withdraw to the Governors of all other party
22 States.
23 Article 14
24 This compact shall be construed to effectuate the purposes
25 stated in Article 1. If any provision of this compact is
26 declared unconstitutional or if the applicability of the compact
27 to any person or circumstance is held invalid, the
28 constitutionality of the remainder of this compact and the
29 applicability of this compact to other persons and circumstances
30 shall not be affected.
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1 Section 2. This act shall take effect in 60 days.
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