Township of Upper Frederick, PA Chapter 107 Emergency Services Cost Reimbursement

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick 5-12-2016 by Ord. No. 2016-05. Amendments noted where applicable.]

§ 107-1 Title.

This chapter shall be known as the Upper Frederick Township Emergency Services Cost Reimbursement Ordinance.

§ 107-2 Authorization, findings and purpose.

A. Pursuant to 53 P.S. § 66803(d), Upper Frederick Township has recognized and appointed the Upper Frederick Township Fire Company as the designated Fire Company within Upper Frederick Township.

B. Pursuant to 53 P.S. § 66803(b) and § 66553, Upper Frederick Township, Montgomery County, Pennsylvania, has the authority to make rules and regulations for the governing of fire services and emergency services within Upper Frederick Township.

C. The Upper Frederick Township Fire Company responds to hazardous material incidents, environmental incidents, fire, safety and rescue incidents.

D. Upper Frederick Township recognizes that the duties of the Upper Frederick Township Fire Company require specialized tools for fire suppression, safety and rescue responses, hazardous material abatement equipment, and environmental incident abatement and remediation. Upper Frederick Township recognizes that such tools and equipment place a financial burden on the Upper Frederick Township Fire Company, and the replacement of such materials adds to the financial burden for said Fire Company.

E. The Board of Supervisors of Upper Frederick Township intends, by this chapter, to recognize the authority of the Upper Frederick Township Fire Company to seek collection and reimbursement for the reasonable costs of responding to such incidents, whether within or outside Upper Frederick Township, when responding directly, upon dispatch by the Montgomery County Department of Public Safety Central Dispatch, through response under mutual aid agreements, or in coordination with the Township, County, Commonwealth or Federal Office of Emergency Management.

§ 107-3 Recovery of costs.

A. Upper Frederick Township authorizes the Upper Frederick Township Fire Company to recover the reasonable cost of emergency rescue tools, equipment and materials, hazardous material abatement tools, equipment and materials used or expended in the response to any hazardous material, environmental, fire, safety and/or rescue incident or operation, including vehicular accidents.

B. The reasonable costs incurred by the Upper Frederick Township Fire Company may be recovered directly by said Fire Company or through a third party billing service as an authorized agent for the collection of such costs.

C. The Upper Frederick Township Fire Company and any third party billing service shall only have the authority to recover the aforementioned costs from an applicable insurance company/carrier, and not any individual or other entity, unless such individual or entity volunteers or agrees to reimburse the said costs.

D. The reimbursement rates for the aforementioned tools, equipment and materials shall be as set by the Upper Frederick Township Fire Company from time to time, and shall be only applied to the recovery of applicable costs. No recovery shall be made for any manpower or personnel, except as may otherwise be permitted by the Pennsylvania Hazardous Materials and Emergency Planning and Response Act, 35 P.S. § 6022.210, or as otherwise authorized by any statute, case law or common law.

E. In addition to the aforementioned recoverable costs, Upper Frederick Township and/or the Upper Frederick Township Fire Company, or any third party billing service, shall be authorized to collect reasonable interest, collection fees, attorney fees, as well as reasonable administrative fees, for collecting the same, and any and all additional fees as may be authorized by the Hazardous Materials and Emergency Planning and Response Act, or as authorized by any other statute or law.

§ 107-4 Responsibility of Township.

Except for recovery of costs incurred by the Township, the Township shall not be responsible for any aspect of the recovery costs set forth under this chapter. The Township shall have no obligation to assist the Fire Company, or any third party billing service, in the recovery of costs set forth under this chapter.

§ 107-5 Repealer.

Any ordinance, part of any ordinance, or any amendment thereto which is inconsistent with this chapter, is hereby repealed.

§ 107-6 Severability.

If any section, paragraph, subsection, clause or provision of this chapter shall be declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole, and any part thereof other than that portion specifically declared invalid shall remain in full force and effect.

§ 107-7 Effective date.

This chapter shall become effective five days following enactment.