Commonwealth of Pennsylvania

Pennsylvania Emergency Management Agency

Rules and Regulations For The

VOLUNTEER FIRE COMPANY,

AMBULANCE SERVICES,

AND

RESCUE SQUAD

ASSISTANCE PROGRAM

Effective December 19, 1992 11/01

SAFETY THROUGH EDUCATION

OFFICE OF THE STATE FIRE COMMISSIONER EMERGENCY PENNSYLVANIA SERVICES

§113.1. DEFINITIONS

or tapes; dressings; towels; plastic bags; poison kits; blood pressure manometers; cuffs;

stethoscopes; and other equipment for rescue, communications and hazardous materials

vehicles; ambulances; rescue vehicles and other large equipment used for fighting fires and

hazardous materials emergencies. This equipment is more specifically categorized as

follows:

of two or more booms or sections with a passenger-carrying platform assembly, or a

truck equipped with a permanently mounted, power-operated aerial ladder. It shall

comply with basic performance and construction standards, acceptance tests and service

capacity of 750 gallons per minute or greater at 150 pounds per square inch net pumping

pressure. It shall comply with basic performance and construction standards, acceptance

and service tests, as set forth in NFPA Standard No. 1901-91 or its successor.

(iii) Tanker - A mobile water supply fire apparatus as specified in NFPA Standard No. 1903-91 or its successor with a water capacity of 1,000 gallons or more. The minimum flow rate specified for tank to pump connection is 500 gallons per minute to fire pump or the capacity of a booster pump where provided. The truck shall include a pump and have a limited hose body capacity.

floodlights; smoke ejectors, and other equipment necessary to perform the ordinary

functions of supporting firefighting, rescue, emergency medical and hazardous materials

activities. It shall comply with basic performance and construction standards and

acceptance tests as set forth in the applicable NFPA Standard.

equipped, and is used or intended to be used, and is maintained or operated, for the

purpose of providing emergency medical care to, and transportation of, patients. The

term includes advanced or basic life support vehicles that may or may not transport

patients. An ambulance shall comply with current National standards and any standards

stationary fire suppression equipment. It shall comply with basic performance and

construction standards and acceptance tests as set forth in NFPA Standard No. 1901-91

or its successor.

Weight Rating (GVWR) of 14,700 pounds or more which is used exclusively for

rescue services. It shall comply with basic performance and construction standards

and acceptance tests as set forth in NFPA Standard No. 1901-91 or its successor, if

applicable.

Weight Rating (GVWR) of less than 14,700 pounds which is used exclusively for

rescue services. It shall comply with basic performance and construction standards

and acceptance tests as set forth in NFPA Standard No. 1901-91 or its successor, if

applicable.

intended to be used exclusively for rescue purposes. The term includes boats,

motorboats, iceboats, all terrain or amphibious vehicles capable of being operated on

transmission and reception of signals by voice required to support the operations of the

volunteer company. All transmissions and communications equipment must be licensed or

authorized by the Federal Communications Commission, "Public Safety Radio Service", 47 C.F.R. Part 90 (relating to private land mobile radio services), meet the standards of the Agency, as set forth in any directives or guidelines, and meet the applicable requirements of the Public Safety Emergency Telephone Act (Act 78 of 1990).

Lending Institution - A savings bank, bank and trust company, savings and loan association, credit union, financial leasing corporation, independently chartered relief association, local unit of government (city, borough, township, county) or a private individual, if a signed lending agreement is in effect with the private individual which states the amount, term, interest rate and the specific project for which the money is being loaned.

NFPA - National Fire Protection Association.

Protective Equipment - Any clothing or equipment used by volunteer firefighters, volunteer ambulance service personnel, or volunteer rescue service personnel which affords protection from injury to the wearer or user, including fire coasts, boots, helmets, turnout pants, gloves, eyeshields, chemical protection suites, and self-contained respiratory protection units.

UL - Underwriters Laboratories.

Commonwealth or another state. Used apparatus equipment also includes a vehicle which

consists of taking a new or used truck chassis of any kind and then fabricating or constructing used essential parts as defined by 75 Pa. C.S.A. §102 onto the chassis to create the apparatus equipment.

Volunteer Companies Loan Fund - The fund established under section 5 of the act (72 P.S. §3943.5).

(a) The Agency will accept applications from any volunteer fire company, volunteer ambulance service and volunteer rescue service as authorized under the act, on forms provided and authorized by the Agency.

(1) A copy of the bylaws which provide that the applicant does not discriminate on the basis of race, creed, religion, sex, age, National origin, or disability.

(3) A notarized loan application and letter of intent, PEMA VL-1.

In the publication of its intention to apply for a loan and statement of nondiscrimination

against applicants for membership, the volunteer company shall covenant with the

Agency that it has not, does not and will not discriminate on the basis of race, creed,

religion, sex, age, National origin or disability and that the volunteer company is and

volunteer company requesting a loan from the Agency shall, at its own expense, publish

its intentions to apply for funds from the Agency at least once in a newspaper of general

circulation within 30 days prior to submission of the loan application. A newspaper of

general circulation shall be a newspaper that is circulated on a daily or weekly basis

within the volunteer company’s service area.

(5) The resolution to borrow, PEMA-VL-2, either affixed with the volunteer company’s seal or notarized.

(6) An Emergency Management Planning Resolution, PEMA-VL-20, if applicable.

(b) Part II - If the documentation required under subsection (a) is complete and accurate, the Agency will notify the volunteer company of its eligibility to submit the final application

(a) A volunteer company that has met the requirements of §§113.3 and 113.5(a) and (b) (relating to initial application procedure; and final application procedure) shall have its loan

application classified within each category according to its status as a volunteer fire company, a volunteer ambulance service or a volunteer rescue service.

(1) Replacement of apparatus equipment not in compliance with NFPA standards or

(3) Provision of additional equipment or facilities, or both, because of unusual demand on

present service.

(3) The financial assets of the volunteer company and its ability to obtain revenue, income

sources of income..8

(4) The volunteer company’s prior loan repayment history to the Volunteer Companies Loan Fund. This standard shall include any prior loan defaults, late payments, bankruptcies, and related financial difficulties.

facilities and the age of the apparatus equipment that is intended to replace the existing

apparatus equipment.

service area. This standard includes unusual fire hazards, including the lack of an

adequate water supply, the potential for and the incidence of natural and manmade

disasters, the size of the population, the number of aged and disabled residents, and the

growth or decline of the population within the service area, the amount of new home and

business construction and expansion, the geographic size of the service area and the

resulting amount of mileage and incidence of use incurred by the volunteer company’s

apparatus equipment.

maintains with other volunteer companies and political subdivisions located within or

adjacent to the county where the volunteer company’s apparatus equipment and its

supporting facility is located.

(8) The volunteer company’s training, certification and fire prevention program.

(a) The final application forms shall be submitted by a volunteer company within 9 months after it receives written notice from the Agency in accordance with §113.3(b) (relating to initial application procedure) that it is eligible to submit the final application forms to the Agency or the application file will be closed by the Agency. The final forms required include the following:

(1) A notarized financial statement and plan certification, PEMA-VL-5.

(2) A letter of responsibility, PEMA-VL-10.

(b) In addition, the volunteer company shall submit the following, if applicable:

(2) Plans and specifications for apparatus equipment, facility, or both.

(4) A signed copy of any agreement or contract with a manufacturer or contractor.

The date of the loan agreement shall precede the date of the vehicle or equipment

delivery or the completion of the facility project.

(6) A signed copy of bids or estimates for repair or rehabilitation of apparatus equipment.

apparatus equipment, accessory equipment, communications equipment or protective

equipment.

(e) The application review committee will meet once a month as scheduled by the Agency and will consist of at least ten members. The committee will be composed of representatives from the Agency; other State agencies or departments with fire, ambulance or rescue service-related interests; the volunteer fire, ambulance and emergency service community; and other appropriate parties as selected by the Agency. Members will serve without compensation but will be reimbursed for travel expenses incurred in connection with attendance at committee meetings. Six members shall constitute a quorum. The State Fire Commissioner will coordinate and chair the committee meeting. If the State Fire Commissioner is unable to attend the meeting, the Administrator of the Volunteer Loan Assistance Program will coordinate and chair the meeting. Neither the State Fire Commissioner nor the Loan Administrator will have a vote unless the vote is needed to break a tie vote between the committee members present at the meeting.

(f) The State Fire Commissioner, Loan Administrator and the application review committee will apply the loan priorities and loan eligibility standards listed in 113.4 (relating to loan priorities and eligibility standards) to their final decision on the volunteer company’s loan application.

(a) The Agency is authorized to make loans for the following:

service vehicles; communications equipment; accessory equipment or protective

equipment; construction of new facilities; and modernization of existing facilities.

(2) Repair or rehabilitation of apparatus equipment when it has been determined that existing apparatus equipment no longer meets the current standards of the NFPA and when the repair or rehabilitation, or both, of the apparatus equipment will bring it in compliance with NFPA standards in existence at the time of the application.

November 4, 1975 and used for the purchase of apparatus equipment; for the

construction or modernization of facilities; or for the modification of apparatus

equipment in order to comply with NFPA Standards.

(b) A loan provided under this chapter may not be used for the acquisition of existing facilities. A loan may not be used for operating expenses, nor may it be used to reduce any debt or other obligation issued prior to November 4, 1975. A loan may not be used for the payment of fees for the designing or planning of facilities or preparation of application. A loan may not be used for the purpose of investment, reinvestment, or for a purpose other than that which is expressly stated on the loan application, PEMA-VL-1.

(c) The Agency has the authority to verify the company’s volunteer or non-profit status during the application process or at any time during the term of the loan.

(d) The Agency may declare an "event of default" against a volunteer company that has received a loan from the Agency. For the purposes of this subsection, an "event of default" means any act committed by a volunteer company that diverts, misapplies, or distributes either all or a portion of its loan proceeds to a use, purpose or party not authorized by the Agency. An "event of default" also consists of events listed in Article VII (Default) of the Agreement for Act 208 Loan Assistance, PEMA-VL-17 and any act which changes or eliminates a volunteer company’ volunteer or non-profit status.

(e) Whenever the Agency declares an "event of default", it may proceed against the volunteer company in accordance with the default procedures in the Promissory Note, Mortgage, Guarantee or Loan Agreement (PEMA-VL-17) that was executed between the Agency and the volunteer company.

Loans may be used for purposes of the act undertaken by a volunteer company after November 4, 1975.

(a) A volunteer company is eligible for a loan regardless of legal ownership in whole or part by any political subdivision of any facilities, apparatus equipment or other equipment used by the volunteer company. Title to the real or personal property so financed shall vest in either the volunteer company or the political subdivision during the period of the loan. When the title to the real or personal property vests in the political subdivision, the political subdivision and the volunteer company shall co-sign the mortgage, promissory note, and security agreement for the real property loan (such as facilities) or the promissory note, security agreement and financing statements for the personal property loan (such as apparatus equipment or protective, accessory or communications equipment).

(a) The volunteer company shall be required to show that it has available 20% of the total cost of the facility, apparatus equipment or vehicle procurement or rehabilitation in unobligated funds at the time its initial application forms are submitted to the Agency. The Agency has the authority to confirm the existence of a volunteer company’s invested or unobligated funds at any time during the loan review process.

(a) The loan shall be repaid at the rate of interest of 2.0% per annum payable monthly on the unpaid balance of the loan commencing not later than 2 months after the date of the loan and payable on the first day of every month thereafter during the term of the loan until paid. There shall be a delinquent charge of 6.0% per annum for any loan repayment that is 30 or more days late of the original due date.

(b) The volunteer company may anticipate installments of principal or any payments of interest at any time prior to the respective payment date without notice or penalty.

purposes. The check or money order shall be made payable to the "Volunteer Companies

Loan Fund" and shall be delivered to the Agency comptroller’s office before the close of

business on the due date.

§113.101. LOAN AUTHORIZATION

facility to any volunteer fire company, ambulance service, or rescue squad for a specified project shall not exceed 50% of the total cost of the facility or modernization or $200,000, whichever is less..13

modernization as specifically described on the loan application and loan agreement. If the

proceeds of the loan are to be used for land acquisition, approval will be granted only under the condition that construction begins within 6 months.

institution or contracts entered into after November 4, 1975 and shall be used for the

construction or modernization of facilities.

As a prerequisite to final settlement, the volunteer company shall deliver the loan agreement, the promissory note and mortgage, with the real property description set forth in Exhibit A of the mortgage and such other security documents as may be required by the Agency, all having been duly authorized by the volunteer company, which when executed shall be the valid and legally binding obligations of the volunteer company enforceable in accordance with the respective terms of each.

(a) The mortgage shall be recorded by the volunteer company, at its own expense, in the office of the recorder of deeds in the county in which the land or facility is located.

mortgage’s title insurance policy in the aggregate amount of the loan, insuring the interest of

the Agency as the mortgagee under the mortgage as a lien or charge upon the mortgage

property, subject only to such exceptions as shall have been approved by the Agency.

substance satisfactory to and in amounts required by the Agency, with evidence of the

(1) Construction coverage:

(i) Workmens compensation insurance and employers liability insurance.

and other personal property located on the mortgaged property which are used or

intended to be used in the project and the improvements, with extended coverage,

vandalism, and malicious mischief; and with no more than a $100 deductible

provision for all losses.

(iv) Flood coverage.

(2) Fire coverage.

(3) Liability coverage.

(4) Boiler coverage.

(d) Assignment of insurance policies. The volunteer company shall assign and deliver the require certificates of insurance to the Agency at the time of final settlement. In the event of the Agency’s foreclosure of the mortgage or of the transfer of title to the mortgaged property to the Agency in extinguishment of the indebtedness secured by the mortgage, all right, title and interest of the Agency in and to policies then in force shall be reassigned to the volunteer company.

company shall give immediate notice to the Agency and of the estimated monetary amount of the loss; and the volunteer company shall make prompt proof of loss and furnish copies to the Agency. The Agency may make proof of loss if not made promptly by the volunteer

responsible for complying with applicable Federal, State and local laws that concern the

construction or modernization project. If any change to the plans or specifications is required by a governmental agency or licensing body, the volunteer company shall furnish additional labor and materials necessary to complete the project and the improvements in compliance with the changes to the plans and specifications. The volunteer company shall complete the project and the improvements inside and outside on or before the completion date as specified in the loan agreement, unless an unforeseen condition occurs that prevents completion on the specified date. In such an event, the volunteer company shall notify the Agency of the reason for the delay.

(a) The Agency may conduct periodic inspections during construction or modernization.

(b) The Agency will conduct the final inspection after completion to determine full compliance prior to issuance of the final payment from the loan proceeds. In lieu of the final inspection by its representative, the Agency may accept a copy of the official Department of Labor and Industry inspection letter or a copy of the official Certificate of Occupancy, or both, or documentation of completion from a local authority or contractor.

Loan advances will be made as follows for construction or modernization loans:

(1) At the time of settlement, 30% of the total loan will be paid to the volunteer company.

(2) When the facility construction or improvements are 50% complete and substantiated on a signed requisition and certificate from provided by the Agency, an additional 50% of the loan balance will be issued to the volunteer company.

company shall document the facility’s completion on a signed requisition and certificate

form provided by the Agency. Within 30 days of the receipt of the form, an Agency

representative either conducts a final inspection of the facility or the Agency may accept

a copy of the official Department of Labor and Industry inspection letter or a copy of the

official certificate of occupancy, if applicable, or documentation of completion from a

local authority or contractor. After the necessary documentation is received and the final

inspection is made or the certificate of occupancy is received, the Agency will release the

opinions of counsel, permits, letters, grants, authorizations and resolutions, loan guarantees

and approvals from governmental authorities relating to the construction of the project and the improvements. The Agency may require copies of certificates, opinions of counsel, permits, letters, grants, authorizations, and resolutions, loan guarantees, and approvals from governmental authorities before the final payment is made.

(b) The construction or improvement project shall comply with applicable building, zoning, flood plain and planning statutes, ordinances, regulations, and restrictions.

(c) The construction or improvement project shall be completed in accordance with the plans and specifications and shall be ready for occupancy before final payment.

§113.201. LOAN AUTHORIZATION

(b) The amount of a loan for the purchase of a single new firefighting apparatus equipment,

except for an aerial apparatus, or for the purchase of a utility or special service vehicle, or a heavy duty rescue vehicle, will not exceed $100,000 or 50% of the total cost, whichever is less.

(f) The amount of a loan for the purchase of a new or used watercraft rescue vehicle will not exceed $15,000 or 50% of the total cost of the watercraft rescue vehicle, whichever is less..17

ambulances; rescue vehicles; utility vehicles, and special service vehicles as specifically

described on the loan application and loan agreement.

institution or contracts entered into after November 4, 1975 and used for the purchase of

firefighting apparatus equipment; ambulances; rescue vehicles; utility vehicles, and special

service vehicles or for modification of apparatus equipment to comply with NFPA standards.

equipment; ambulances; rescue vehicles; utility vehicles and special service vehicles if it has

been determined in writing by an authorized representative of the repair or rehabilitation

facility that the existing apparatus no longer meets the standards of the NFPA and that the

repair or rehabilitation, or both, of such equipment will bring it into compliance with NFPA

standards.

(a) The volunteer company shall submit one complete set of specifications of the new firefighting apparatus equipment; new ambulance; new rescue vehicle; new utility vehicle, or new special service vehicle.

(b) For the repair or rehabilitation of existing apparatus equipment; ambulance; rescue vehicle; utility vehicle; or special service vehicle, the volunteer company shall submit one complete set of specifications along with three estimates from qualified manufacturers for the repair or rehabilitation. If less than three estimates are available, a statement shall be submitted explaining the reason whey there are less than three.

(a) Firefighting apparatus equipment to be purchased shall comply with the applicable NFPA Standard. The volunteer company shall provide to the Agency, either prior to or at the loan settlement, a factory certification or the written results of any pump or aerial test conducted by the manufacturer of the apparatus equipment or by an independent testing organization at the time that the volunteer company accepts delivery of the new, used, or rehabilitated apparatus equipment from the manufacturer or other party. If more than 1 year has transpired between the date of acceptance of a used or rehabilitated apparatus equipment and the date of the loan settlement, the pump or aerial test shall be conducted by an independent testing organization not more than 90 days prior to the date of settlement.

vehicle which substantially complies with the requirements of the United States Department

concerning the purchase of the ambulance to the Agency. The Agency may forward this

(a) As a prerequisite to final settlement, the volunteer company shall deliver the promissory note, security agreement and financing statements describing the specific equipment, which shall be filed with the Corporation Bureau, Department of State and the prothonotary’s office in the county where the equipment is physically house or used, and all other documents in conformity with 13 Pa. C.S. Division 9 (relating to secured transactions, sales of accounts, contract rights and chattel paper) necessary to create and perfect a security interest in favor of the Agency in all personality acquired in whole or in part by the volunteer company with proceeds from the Agency loan.

encumbrance. When the Agency is providing primary and majority or equal funding, the

Agency will become the holder of a first lien encumbrance.

§113.301. LOAN AUTHORIZATION

Loans for protective, accessory, and communication equipment will not exceed $10,000 and shall be for a period not to exceed 5 years..20

(a) A volunteer company shall select protective and accessory equipment that meets the standards of the NFPA or any federal agency or the requirements of one of the Nationally recognized testing organizations, in particular Underwriters Laboratories. This equipment may be used for the protection of hazardous material response team members if the equipment meets  standards developed under the authority of the Hazardous Material Emergency Planning and Response Act (35 P.S. §§6022.101-6022.307).

(b) A volunteer company must select communications equipment that complies with the Federal Communications Commission regulations, 5 C.F.R. Part 89 or its successor or applicable requirements developed under the authority of the Public Safety Emergency Telephone Act or Agency directives or guidelines.

As a prerequisite to final settlement, the volunteer company shall deliver the promissory note, security agreement, and financing statement describing the specific equipment, which shall be filed with the Corporation Bureau, Department of State, and the prothonotary’s office in the county where the equipment is physically housed or used, and all other documents in conformity with 13 Pa. C.S. Division 9 (relating to secured transactions, sales of accounts, contract rights and chattel paper) necessary to create and perfect a security interest in favor of the Agency in all personality acquired either in whole or in part by the volunteer company with proceeds from the Agency loan.

The volunteer company shall maintain insurance in form and substance satisfactory to, and in amounts required by, the Agency evidenced by a certificate of insurance furnished by the volunteer company for the benefit of the Agency, other encumbrance holders, and the volunteer company. The agency shall be listed as loss payee on the policy or certificate of insurance. The certificate of insurance shall contain a statement or rider that the insurance company shall give the Agency 30 days advance notice whenever the amount of insurance coverage or other terms of the insurance are modified or canceled.

Updated:

July 22, 2008 06:05 AM