PRIOR PRINTER'S NOS. 4165, 4169 PRINTER'S NO. 4224
No. 2758 Session of 2004
INTRODUCED BY KENNEY, PERZEL, J. TAYLOR, O'BRIEN, BUTKOVITZ,
CRUZ, DONATUCCI, HORSEY, JAMES, KELLER, LEDERER, MANDERINO,
MYERS, OLIVER, RIEGER, WASHINGTON, WATERS, WILLIAMS,
YOUNGBLOOD AND MELIO, JUNE 23, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 29, 2004
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, providing for fire company reduction
3 and closure provisions for cities of the first class.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2962 of Title 53 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 2962. Limitation on municipal powers.
9 * * *
10 (d.1) Reduction of fire protection in a city of the first
11 class.--A city of the first class shall not reduce or eliminate
12 any ladder or engine company located in a city of the first
13 class without first satisfying each of the following criteria:
14 (1) In the event that the city seeks to reduce or
15 eliminate any engine or ladder company, the city must provide
16 written notice of the proposed reduction or elimination to
17 all firefighters and paramedics assigned to the affected
1 company, to any labor organizations representing affected
2 firefighters and paramedics, and to all citizens served by
3 the affected company. In order to notify the public, the city
4 may place an advertisement in a newspaper of general
5 circulation within the affected area.
6 (2) In the event that the city seeks to reduce or
7 eliminate any engine or ladder company, it must first
8 commission and complete a study of the proposed reduction,
9 which shall include, but not be limited to, detailed
10 projections of the savings to be achieved by the proposed
11 reduction or closure, and analyses of the impact of the
12 proposed reduction on emergency response time, delivery of
13 emergency services to the public, homeowner fire insurance
14 premium coverage implications and safety of firefighters,
15 paramedics and citizens. An independent third party shall
16 conduct the impact study WHICH SHALL BE RELEASED NO EARLIER <--
17 THAN 90 DAYS FROM THE DATE OF COMMISSION. Once the study has
18 been completed, it shall be made immediately available to
19 labor organization representatives, the Office of the State
20 Fire Commissioner and to any other interested party that
21 requests a copy.
22 (3) No less than 30 60 days nor more than 45 75 days <--
23 after receipt of the study by the labor organization
24 representatives and the Office of the State Fire
25 Commissioner, the city shall hold public hearings in order to
26 receive feedback on the proposed reduction in fire protection
27 services and on the results of the impact study. The city of
28 the first class shall also accept written responses to the
29 findings contained in the impact study.
30 (4) The provisions of this subsection shall be
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1 applicable to cities of the first class, notwithstanding the
2 fact that such cities of the first class, after the effective
3 date of this subsection, may have adopted or amended a home
4 rule charter.
5 * * *
6 SECTION 2. THIS ACT SHALL BE RETROACTIVE TO JUNE 1, 2004. <--
7 Section 2 3. This act shall take effect immediately. <--
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