City of Butler, PA
Butler County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Butler 5-22-2014 by Ord. No. 1689.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bureau of Fire — See Ch. 30.
Fire Marshal — See Ch. 33.
Hazardous materials — See Ch. 150.
Insurance — See Ch. 158.
[1]
Editor's Note: This chapter also superseded former Ch. 135, Emergency Rescue Services, comprised of Art. I, Reimbursement for Services, adopted 9-23-2004 by Ord. No. 1559.

§ 135-1 Title.

This chapter shall be known as the "Emergency Services Cost Recovery Ordinance."

§ 135-2 Purpose.

The purpose of this chapter is to set forth regulations governing reimbursement to the City for and costs and/or expenses incurred for emergency services which are provided for fire suppression or other services provided by the City. Reimbursement shall be sought by submitting claims to the person, property owner, business, firm, organization, corporation and/or their insurance carrier.

§ 135-3 Service fee for fire suppression.

A. 
The City of Butler wishes to provide a reimbursement process for the Butler City Fire Department for any costs and/or expenses incurred by the Department for fire suppression services by submitting claims to the property owner and/or their insurance carrier.
B. 
It is the finding of the City that property owners generally maintain insurance coverage within their own casualty insurance policies, property owner policies and/or other applicable policies that would provide reimbursement to the Fire Department for provided suppression services, equipment, and personnel to save and protect their property from the perils insured against.
C. 
Any person, property owner, business, firm, corporation, or organization who is rendered services under this section shall provide the Butler City Fire Department with the following information:
(1) 
Name, address, telephone contact number of the property owner and any tenants.
(2) 
Name, address, policy number, and agent of the insurance carrier (if applicable).
D. 
The Fire Chief or his/her designee is hereby authorized and directed to obtain all necessary and pertinent insurance information concerning the property, and to take necessary and affirmative actions to apply for and receive reimbursement from any insurance carriers where a property owner is or may be insured so that the Fire Department may be reimbursed for any cost and/or expense incurred for services, supplies and/or equipment used for or provided to the property owner by the Butler City Fire Department.
E. 
This section shall be construed to accomplish its purpose to compensate and/or reimburse the City from insurance proceeds the costs and/or expenses incurred while providing services from the Fire Department according to the following fee schedule:
Residential fires
$500
Public or religious property
$500
Commercial property
$1,000
Industrial property
$1,000
Vehicle fires
$300

§ 135-4 Service fee for automotive accidents.

A. 
The City of Butler wishes to provide for reimbursement to the Butler City Fire Department for any emergency medical and fire service costs and/or expenses incurred by the Department at motor vehicle accident scenes by providing patient care, assessing the accident scene for potential fire risk, and/or providing scene lighting and hazard control by submitting claims to the vehicle owner and/or insurance carrier.
B. 
It is the finding of the City that the Commonwealth of Pennsylvania mandates under Title 75, The Vehicle Code, Subsection 1786F, Financial Responsibility Required,[1] that all vehicle owners must maintain insurance coverage. Vehicle owner's policies and/or other applicable policies may provide reimbursement to the Fire Department for provided services at accident scenes.
[1]
Editor's Note: See 75 Pa.C.S.A. § 1786(f).
C. 
Any person or vehicle owner who is rendered service under this section shall provide the Butler City Fire Department with the following information:
(1) 
Name, address, telephone contact information of the vehicle owner, and any injured occupants.
(2) 
Name, address, policy number, and agent of the insurance carrier.
D. 
The Fire Chief or his/her designee is hereby authorized and directed to obtain all necessary and pertinent vehicle insurance information, and to take necessary and affirmative actions to apply for and receive reimbursement from any insurance carriers where a vehicle owner, driver or passenger is or may be insured so that the Fire Department may be reimbursed for any cost and/or expense incurred for services, supplies and/or equipment used for or provided to the vehicle owner, driver or passenger by the Butler City Fire Department.
E. 
This section shall be construed to accomplish its purpose to compensate and/or reimburse the City from insurance proceeds the costs and/or expenses incurred while providing services from the Fire Department according to the following fee schedule:
Auto accident (per injured individual transported to a medical receiving facility)
$300
Auto accident (with hydraulic extrication tools used or technical rescue)
$450
Auto accident (no injuries, with scene cleanup)
$100

§ 135-5 Service fee for specialty rescue services.

A. 
The City of Butler wishes to provide for reimbursement to the Butler City Fire Department for any costs and/or expenses incurred by the Department for any specialty rescue incidents by submitting claims to the person, property owner, business, firm, corporation, organization and/or their insurance carrier or by direct contract with a person, property owner, business, firm, corporation, or organization.
B. 
Specialty rescue incidents would include but not be limited to the following:
(1) 
Confined space rescue.
(2) 
Trench rescue.
(3) 
Collapse rescue.
(4) 
High angle (rope) rescue.
(5) 
Underwater search and recovery (for vehicles, lost items or belongings).
C. 
It is the finding of the City that persons, property owners, businesses, firms, corporations, and organizations generally maintain insurance coverage within their own casualty insurance policies or other applicable policies that would provide reimbursement to the Fire Department for provided specialty rescue services, equipment and personnel.
D. 
Any property owner, business, firm, corporation, or organization who is rendered service under this section shall provide the Butler City Fire Department with the following information:
(1) 
Name and address of the party responsible for the incident.
(2) 
Name, address, policy number, and agent of the insurance carrier (if applicable).
E. 
The Fire Chief or his/her designee is hereby authorized and directed to obtain all necessary and pertinent insurance information, and to take necessary and affirmative actions to apply for and receive reimbursement from any insurance carrier where a person, property owner, business, firm, corporation, or organization is or may be insured so that the Fire Department may be reimbursed for any cost and/or expense incurred for services, supplies and/or equipment used for or provided to the person, property owner, business, firm, corporation, or organization by the Butler City Fire Department.
F. 
This section shall be construed to accomplish its purpose to compensate and/or reimburse the City from insurance proceeds the costs and/or expense incurred while providing services from the Fire Department according to the following fee schedule:
Confined space rescue
$1,500
Trench rescue
$1,500
Collapse rescue
$1,500
High angle (rope) rescue
$1,500
Underwater search and recovery
$500
G. 
Facilities with areas designated as "permit-required confined spaces" under OSHA 1910.146 must, as listed in the standard 1910.146(d)(9), develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue. Any such facility utilizing the services of the Butler City Fire Department as their designated "confined space rescue team" shall pay an annual service fee of $1,000. Additionally, the contracted facility must schedule an annual on-site visit by the Butler City Fire Department, at which time it shall identify and have marked all permit-required confined spaces. The contracted facility shall also be required to coordinate biannual training sessions at the facility with the Butler City Fire Department, and be responsible to pay for all Department costs, including overtime and training materials necessary for the exercise.
H. 
Facilities with areas designated as "permit-required confined spaces" under OSHA 1910.146 who are not utilizing the services of the Butler City Fire Department as their designated rescue team, but request the Department to perform a confined space rescue, shall be invoiced a service fee of $2,500 per incident, plus the hourly costs of manpower, equipment, and any equipment damaged or rendered unusable as a result of this incident.

§ 135-6 Service fee for hazardous material response, mitigation and abatement.

A. 
The City of Butler wishes to provide for reimbursement for any and all City departments for any costs and/or expenses incurred by these departments for hazardous material incidents by submitting claims to the person, property owner, partnership, business, firm, corporation, organization and/or their insurance carrier.
B. 
For the purposes of this section, "hazardous materials" shall be defined as any substance or materials in a quantity or form which, in the determination of the Fire Chief, City Emergency Management Coordinator, Butler County Emergency Management Director, or their authorized representative, pose an unreasonable and imminent risk to life, health, or safety of persons or property or to the ecological balance of the environment, and, shall include, but not be limited to, such substances as explosives, flammable liquids, solids and gasses, radioactive materials, poisons, etiologic (biologic) agents, corrosives, petroleum products, oxidizers, organic pesticides, other regulated materials, and hazardous waste or materials listed in the hazardous substances list of the Pennsylvania Department of Labor and Industry, and/or the United States Department of Health and Human Services Registry of Toxic Effects of Chemical Substances Manual.
C. 
The Public Safety Director, Fire Chief or their designee is authorized to cleanup, abate, or affect the cleanup or abatement for any hazardous materials or substances deposited upon or into properties or facilities within the municipal boundaries of the City of Butler or having a direct or identifiable effect on persons or property within the municipal boundaries of the City of Butler, including but not limited to traffic control, evacuation, relocation, substance monitoring, decontamination, establishment of medical care services, and all other costs incurred in the mitigation of the emergency situation; and any person, property owner, partnership, business, firm, corporation, or organization who intentionally, accidentally or negligently caused such deposit shall be liable for all fees and costs incurred by the City of Butler.
D. 
Any person, property owner, partnership, business, firm, corporation, or organization that is rendered service under this section shall provide the Butler City Fire Department with the following information:
(1) 
Name, address, contact telephone information of the responsible party.
(2) 
Name, address, policy number, and agent of the insurance carrier (if applicable).
E. 
In the event of a hazardous materials incident requiring the response of the Butler City Fire Department, Butler City Police Department, Butler City Department of Public Works and/or others to control said incident, the transporter (carrier, trucking company, etc.), person, property owner, partnership, business, firm, corporation, or organization shall be liable to the City of Butler for payment of all costs and expenses of the City and its departments incurred in and about the use of employees, apparatus, equipment, and materials in the control and/or neutralization of said incident.
F. 
Following the conclusion of a hazardous materials incident, if special Hazmat actions were required, then the Fire Chief shall prepare a detailed listing of all known City expenses and forward an invoice to the responsible party for payment. The invoice shall demand full payment within 30 days of billing. Any additional expenses related to that incident that become known to the Fire Chief following the transmittal of the initial bill to the responsible party shall be billed in the same manner on a subsequent bill to the responsible party. Any amounts due that remain unpaid 30 days after the date of billing shall have imposed a late charge thereon at the maximum rate permitted by law until said account shall be paid in full.
G. 
For the purposes of this section, costs incurred by the City of Butler shall include, but not be limited to, the following actual labor costs of the City of Butler personnel, including worker's compensation benefits, fringe benefits, cost and operation of equipment, costs of special fire extinguishing agents used, the cost of special protective clothing, materials and supplies, and the cost of any contracted labor, equipment and materials.
H. 
This section shall be construed to accomplish its purpose to compensate and/or reimburse the City of the costs and/or expenses incurred by City departments according to the following fee schedule:
(1) 
Vehicle leaking fuel, cleanup more than 50 gallons: $50.
(2) 
Equipment usage fee:
(a) 
For each rescue/pumper required, in the opinion of the officer in command, to standby at the hazardous materials incident: $150 per hour, or a fraction thereof. For each hour, or a fraction thereof, that the pumps are activated, an additional sum of $50 per hour shall be charged.
(b) 
For each special operations unit required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident: $100 per hour, or a fraction thereof.
(c) 
For each aerial truck required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident: $150 per hour, or a fraction thereof. For each hour, or a fraction thereof, that the pumps are activated, or the boom is elevated, an additional sum of $50 per hour shall be charged.
(d) 
For each police vehicle required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident: $75 per hour, or a fraction thereof.
(e) 
For each additional City Fire Department or City support vehicle required, including but not limited to command vehicles, air units, dump trucks, backhoes, payloaders, etc., in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident: $100 per hour, or a fraction thereof.
(3) 
Replacement costs for equipment that is contaminated beyond reuse or repair (such as uniforms, clothing, communications equipment, turn-out gear, self-contained breathing apparatus, etc.).
(4) 
All personnel-related expenses incurred by the City, including but not limited to wages, overtime, salaries, fringe benefits and insurance for full-time and part-time firefighters and police officers, regular and overtime pay and related fringe benefit costs for hourly employees. These personnel-related expenses shall commence when the City of Butler personnel has begun responding to the incident and shall continue until all City personnel have concluded hazardous-materials-incident-related responsibilities and the incident is deemed terminated.
(5) 
The cost of extinguishing agents, supplies, and water from municipal water systems.
(6) 
Expenses of decontaminating and cleaning equipment.
(7) 
Technical consulting services specifically required as a result of the incident, including but not limited to technical experts or specialists not otherwise available from the City.
(8) 
Charges to the City imposed by any local, state or federal government entities related to the hazardous materials incident.
(9) 
Laboratory costs of analyzing samples taken during the incident.
(10) 
Costs of cleanup, storage or disposal of the related hazardous material(s).
(11) 
Medical and hospital expenses incurred as a result of the incident.
(12) 
Legal, engineering, accounting, billing, collection and other administrative expenses incurred as a result of the incident, including but not limited to efforts to recover expenses pursuant to this chapter.

§ 135-7 Service fee for unlock services.

A. 
Any owner, resident, tenant, or occupant provided the service of unlocking or attempting to unlock his or her apartment, dwelling, residence or other commercial or industrial structure by the Butler City Fire Department shall be invoiced on a per-incident basis. In cases where the unlock service is provided to a publicly owned housing unit, the invoice will be sent to the authority having ownership. In cases of owner-occupied or owner-rental properties, the owner will be invoiced for the service.
B. 
Any person, tenant, occupant or the property owner who is rendered service under this section shall provide the Butler City Fire Department with the following information:
(1) 
Name, address, telephone contact information of the resident, tenant, or occupant.
(2) 
Name, address, telephone contact information of the property owner (rental properties).
C. 
This section is intended to compensate and/or reimburse the City somewhat for the costs and/or expenses incurred for providing unlocking services from the Butler City Fire Department according to the following fee schedule:
(1) 
Unlock service: $20 per incident.
D. 
The City of Butler or the Butler City Fire Department shall not be responsible for any damage incurred attempting to provide this service, and the owner, tenant, occupant or resident shall execute a release stipulating of this fact.

§ 135-8 Service fee for staff training, inspections and fire drills.

A. 
The City of Butler wishes to provide reimbursement to the Butler City Fire Department for any costs and/or expenses incurred by the Department for any training, inspections or fire drills mandated by federal, state, or insurance regulations.
B. 
It is the finding of the City that some property owners, businesses, firms, corporations, or organizations may be required by law to have staff members trained in emergency evacuation, use of portable fire extinguishers, or other fire prevention related actions. Additionally these entities may be required to have their facilities inspected and/or conduct observed fire drills to meet local, state or federal fire regulations.
C. 
Any person, property owner, business, firm, corporation, or organization who requests and is rendered services under this section shall provide the Butler City Fire Department with the following information:
(1) 
Billing name, address, telephone contact information of the person, property owner, business, firm, corporation, or organization.
D. 
This section is intended to compensate and/or reimburse the City somewhat for the costs and/or expenses incurred for providing services from the Butler City Fire Department according to the following fee schedule:
(1) 
Staff training: $50 per training session plus materials cost.
(2) 
Inspections: $50 per inspection.
(3) 
Reinspection: $25 per reinspection.
(4) 
Fire drills: $50 per drill.

§ 135-9 Delay in response.

Nothing in this section shall be interpreted to authorize the Butler City Fire department or any City department to refuse or delay any emergency service to any City person, firm, business, organization, or corporation due to lack of insurance coverage or ability to pay for said services.

§ 135-10 Severability.

Should any provision or part of this chapter be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this chapter, which shall remain in full force and effect.