Borough of Sellersville, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Sellersville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Law enforcement services — See Ch. 20.
[Adopted 7-11-2005 by Ord. No. 643]
This article shall be known as the "Sellersville Borough Emergency Service Cost Reimbursement Ordinance."
A. 
Authority. Under Section 1202 of the Borough Code, 53 P.S. § 46202 and Hazardous Material Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., the Borough has the authority to make rules and regulations for the government of fire companies located within the Borough.
B. 
Findings. The Borough recognizes that the duties of volunteer fire companies require specialized emergency rescue tools and equipment, emergency rescue materials, hazardous material abatement equipment, and hazardous abatement materials during emergency responses. The Borough recognizes that such tools and equipment place a financial burden on volunteer fire companies, and the replacement of such materials and specialized training add to the additional financial burden for volunteer fire companies.
C. 
Purpose. To grant any fire company operating in Sellersville Borough ("fire departments") the authority to seek reimbursement for the reasonable cost of responding to such incidents, either directly or in coordination with the Office of Emergency Management, as provided below.
A. 
The Borough authorizes the fire departments to recover the reasonable cost of emergency rescue tools, equipment, and materials; hazardous material abatement tools, equipment, and materials; and incurred third-party expenses involving any hazardous material, environmental, fire safety, and/or rescue incident or operation, including vehicular accidents.
B. 
The reasonable costs outlined above may be recovered directly by the fire departments or through a third-party billing service as an authorized agent for the collection of such costs.
C. 
The fire departments or third-party billing service shall only have the authority to recover the aforementioned costs from the applicable insurance company/carrier.
D. 
The reimbursement rates for the aforementioned tools, equipment, and materials shall be set by the fire departments from time to time and shall be only applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rates. These rates shall be approved by Sellersville Borough Council and shall be kept on file in the Borough Building.
E. 
In addition to the aforementioned reasonable costs, the fire department or third-party billing service shall be authorized to collect reasonable interest, as well as a reasonable administrative fee for collecting the same, and any and all additional fees as may be authorized by the Hazardous Material and Emergency Planning and Response Act[1] or authorized by any other statute or law.
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
The Borough shall not be responsible for any aspect of the recovery of costs under this article. The Borough shall not take any steps to assist the fire departments or any third-party billing service in recovery of costs under this article.
Any attempt by a fire department or third-party billing service to recover costs from any individual/entity other than the appropriate insurance company/carrier shall result in the immediate revocation of the authority to recover such costs granted under this article.
[Adopted 8-7-2017 by Ord. No. 713]
This article shall be known as the "Sellersville Borough Emergency Rapid Entry System Ordinance."
A. 
The purpose of this article is to protect and promote the health, safety, and welfare of the citizens of the Borough of Sellersville.
B. 
An ordinance is necessary to require certain commercial buildings to install devices and provide the Sellersville Fire Department with immediate, nondestructive access to such buildings in order to increase efficiency, prevent costly forced-entry damage, protect private property, inventory equipment and supplies, and help prevent possible injury to firefighters and emergency responders from forced entry into private property.
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
ALARM MONITORING COMPANY
Any person or entity that monitors an automated fire alarm system and upon receipt of a signal from such system notifies the Bucks County 9-1-1 communications center.
AUTOMATED FIRE ALARM SYSTEM
A system or assembly of equipment composed of sensory apparatus and related hardware that detects the presence of smoke or fire and automatically transmits a signal from the premises to an alarm monitoring company.
AUTOMATIC FIRE SUPPRESSION SYSTEM
A system or assembly of piping, valves, controls, and sprinklers designed to utilize water, foam, CO2, or other gas to automatically suppress fire.
BOROUGH
The Borough of Sellersville, Bucks County, Pennsylvania.
FIRE CHIEF
The duly appointed Chief of the Sellersville Fire Department.
FIRE DEPARTMENT
The Sellersville Fire Department.
KNOX-BOX®
A rapid entry lock box manufactured by the Knox Corporation, the exact model and placement to be determined by the Fire Chief in his reasonable judgment, for which the Fire Department maintains a master key to obtain entry in order to access key(s) to a building and certain locked areas within such building as designated by the Fire Chief.
A. 
The owners of the following types of buildings located in the Borough shall install a Knox-Box® in, on, or near such building:
(1) 
All new commercial buildings;
(2) 
All existing commercial buildings undergoing the construction of improvements that require land development approval under Chapter 135 of the Code or zoning approval under Chapter 160 of the Code;
(3) 
All existing commercial buildings equipped with an automatic fire suppression system; and
(4) 
All existing commercial buildings equipped with an automated fire alarm system.
B. 
The Borough Code Enforcement Officer shall not issue a certificate of occupancy for any building described in § 17-9A(1) and (2) until he is reasonably satisfied that the requirements of § 17-9A have been met.
C. 
The owners of commercial buildings described in § 17-9A(3) and (4) shall comply with § 17-9A within six months of the effective date of this article.
All Knox-Boxes shall contain labeled keys that clearly identify the building and any locked areas designated by the Fire Chief to which the keys apply.
A. 
Any locked gate, fence, or other device that obstructs access to any commercial building described in § 17-9A(1) through (4), or such building's surrounding property, shall be locked only with a locking device approved by the Fire Chief in his reasonable discretion. A duplicate key, access code, or other means of immediate entry shall be provided to the Fire Chief.
B. 
The owners of commercial buildings described in § 17-9A(1) through (4) shall be responsible for complying with § 17-11A.
C. 
The Borough Code Enforcement Officer shall not issue a certificate of occupancy for any building described in § 17-9A(1) and (2) until he is reasonably satisfied that the requirements of § 17-11A have been met.
D. 
The owners of commercial buildings described in § 17-9A(3) and (4) shall comply with § 17-11A within six months of the effective date of this article.
This article shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating this article shall be sentenced to pay a fine not to exceed $1,000 per violation plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville or to imprisonment for not more than 90 days, or both. Violations of more than one provision of this article shall constitute separate violations. Each day that a violation of any provision of this article continues or occurs shall constitute a separate violation.