§ 7708 — Fire force disbanded in favor of volunteers

(a) General rule.--No county, city, borough, town or township which has paid employes on its fire force, including, but not limited to, fire apparatus operators, except by referendum, shall disband such fire force in favor of having such services performed by volunteers.

(b) Question.--The following shall apply:

(1) Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality to the county board of electors of the county wherein the municipality is located, an election shall be held in the municipality upon the following question:

Shall the (county, city, borough, town or township) disband the paid fire force in favor of having fire protection services performed by volunteers?

The petition calling for such election shall be in the form required by this section and shall be signed by electors of the municipality comprising 20% of the number of electors registered to vote in the municipality. Within five days after the final enactment of an ordinance authorizing such election, the municipal clerk or secretary shall file a certified copy of the ordinance with the county board of elections, together with a copy of the question to be submitted to the electors. At the next municipal or general or primary election occurring not less than the 13th Tuesday after the filing of the ordinance or the petition with the county election board, it shall cause the question in paragraph (1) to be submitted to the electors of the municipality as other questions are submitted under the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(2) A referendum petition under this section shall be filed not later than the 13th Tuesday prior to the election, and the petition and the proceedings therein shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as such provisions are applicable, except that no petition shall be signed or circulated prior to the 20th Tuesday before the election nor later than the 13th Tuesday before the election.

(3) A city of the third class may conduct a referendum under this section or, at the option of city council, under Article X of the act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code.

Legislative History

(Nov. 23, 2010, P.L.1181, No.118, eff. 60 days) 2010 Amendment.Act 118 added section 7708. Special Provisions in Appendix.See section 7(b.1)(6) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law. References in Text.The act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code, referred to in subsec. (b)(3), was repealed by the act of November 24, 2015 (P.L.242, No.67). The subject matter is now contained in Part V of Title 11 (Cities).