[HISTORY: Adopted by the Council of the Municipality
of Murrysville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-22-1991 by Ord. No. 284-91]
Junior volunteer fire fighters are authorized
to engage in fund-raising activities.
[1]
Editor's Note: The preamble to this ordinance
read as follows :"WHEREAS, the following volunteer fire companies
are located and provide service within the Municipality of Murrysville:
Murrysville Volunteer Fire Company, Sardis Volunteer Fire Company,
White Valley Volunteer Fire Department; and
"WHEREAS, these organizations may wish to
permit Junior Volunteer Fire Fighters to participate in their activities
dutifully subject to the restrictions and limitations imposed by the
Child Labor Laws; and
"WHEREAS, these organizations may wish to
permit Junior Volunteer Fire Fighters to engage in fund-raising activities
from time to time; and
"WHEREAS, the Council of the Municipality
of Murrysville wishes to ensure the eligibility of Junior Volunteer
Fire Fighters for coverage under workers' compensation insurance..."
[Adopted 7-24-2013 by Ord. No. 885-13]
This article shall be known as the "Volunteer Fire Companies
of Murrysville Recovery Ordinance."
All "Whereas" clauses set forth above are hereby incorporated
herein as though the same were more fully set forth at length.[1]
[1]
Editor's Note: Said "Whereas" clauses provide as follows:
"WHEREAS, the Municipality of Murrysville has recognized and
designated the Volunteer Fire Companies of Murrysville as its designated
fire service provider for the Municipality of Murrysville; and
"WHEREAS, the Volunteer Fire Companies of Murrysville respond
to hazardous material incidents; and
"WHEREAS, said responses on occasion, involve the use of hazardous
materials abatement equipment, as well as hazardous materials abatement
materials; and
"WHEREAS, the Volunteer Fire Companies of Murrysville respond
to other safety and rescue incidents, including but not limited to,
firefighting and vehicular accidents; and
"WHEREAS, it is the intention of the Municipality of Murrysville
to recognize the authority of the Volunteer Fire Companies of Murrysville
to seek collection and reimbursement for reasonable casts of responding
to such incidents from insurance companies; and
"WHEREAS, the Municipality of Murrysville finds that individual
property owners may maintain insurance coverage within their own casualty
insurance policies, homeowner’s policies and/or other applicable
policies that would provide reimbursement to the Volunteer Fire Companies
of Murrysville for firefighting and other services rendered to the
individual property owners and businesses, in response to emergency
service requests."
The Volunteer Fire Companies of Murrysville are authorized and
directed by and through its officers and authorized representatives
to ascertain what insurance coverages may be applicable and available
under any given circumstance and to take all necessary and affirmative
steps to apply for and receive reimbursement from any insurance carrier
where a property owner or business owner is or may be insured to reimburse
the Volunteer Fire Companies of Murrysville for any costs and/or expenses
incurred for services, supplies and/or equipment used for or provided
to the property owner or business owner by the Volunteer Fire Companies
of Murrysville.
The Municipality of Murrysville further authorizes the Volunteer
Fire Companies of Murrysville to recover reasonable costs of firefighting
for the firefighting materials and equipment and hazardous abatement
materials involved in any and all hazardous abatement material incidents
as are recoverable under the Hazardous Material Emergency Planning
and Response Act.[1]
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Volunteer Fire Companies of Murrysville for fire protection or
other services provided by the Volunteer Fire Companies of Murrysville.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Volunteer Fire Companies
of Murrysville from insurance proceeds or costs and/or expenses incurred
while providing services pursuant to their duties for the Volunteer
Fire Companies of Murrysville.
This article shall take effect immediately.
The costs and fees shall be recovered directly by the Volunteer
Fire Companies of Murrysville by direct billing of the Volunteer Fire
Companies of Murrysville or by an attorney, collection service or
agency contracted by the Volunteer Fire Companies of Murrysville.
In addition to the costs and fees, the Volunteer Fire Companies of
Murrysville, or any attorney or collection service or agency contracted
by the Volunteer Fire Companies of Murrysville, shall be authorized
to collect any reasonable interest and administration fees for collecting
the costs and fees.
In the event that any insurance carrier or person fails to pay
any bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Volunteer Fire Companies of Murrysville, or
any attorney or agency contracted by the Volunteer Fire Companies
of Murrysville who mailed or delivered the bill or invoice, may enforce
the provisions of this article by filing a civil action at law in
a court of competent jurisdiction for the collection of any amounts
due to the Volunteer Fire Companies of Murrysville together with statutory
interest, court costs, collection fees and reasonable attorney's
fees. The remedies provided herein shall be in addition to any other
relief, remedies or penalties that may be appropriate or provided
by law.
