[HISTORY: Adopted by the City Council of the City of Oil
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2007 by Ord. No. 2736]
This article shall be known as the "Emergency Services Cost
Recovery Ordinance."
The purpose of this article is to set forth regulations governing
reimbursement to the City for any 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 his or its insurance carrier.
A.
The City of Oil City intends to, and does herein, provide a reimbursement
process for the Oil 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 his 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
that is rendered services under this section shall provide the Oil
City Fire Department with the following information:
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
Oil City Fire Department.
E.
This section shall be construed to accomplish its purpose to compensate
and/or reimburse the City from insurance proceeds for the costs and/or
expenses incurred while providing services from the Fire Department
according to the following fee schedule:
A.
The City of Oil City intends to, and does herein, provide for reimbursement
to the Oil 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 his
insurance carrier.
B.
It is the finding of the City that the Commonwealth of Pennsylvania
mandates under Title 75, The Vehicle Code, Section 1786, Required
financial responsibility, that all vehicle owners must maintain insurance
coverage.[1] Vehicle owners' 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.
C.
Any person or vehicle owner who is rendered service under this section
shall provide the Oil City Fire Department with the following information:
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 Oil City Fire Department.
E.
This section shall be construed to accomplish its purpose to compensate
and/or reimburse the City from insurance proceeds for the costs and/or
expenses incurred while providing services from the Fire Department
according to the following fee schedule:
A.
The City of Oil City intends to, and does herein, provide for reimbursement
to the Oil 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 his or its insurance carrier or by direct contract
with a person, property owner, business, firm, corporation or organization.
C.
It is the finding of the City that persons, property owners, businesses,
firms, corporations and/or 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 that
is rendered service under this section shall provide the Oil City
Fire Department with the following information:
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 Oil City Fire Department.
F.
This section shall be construed to accomplish its purpose to compensate
and/or reimburse the City from insurance proceeds for the costs and/or
expenses incurred while providing services from the Fire Department
according to the following fee schedule:
G.
Facilities with areas designated as "permit-required confined spaces"
under OSHA 1910.146 must, as listed in 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 Oil City Fire Department as its 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
Oil City Fire Department, at which time it shall identify all permit-required
confined spaces. The contracted facility shall also be required to
coordinate biannual training sessions at the facility with the Oil
City Fire Department and be responsible to pay for all departmental
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 Oil
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 costs of any equipment
damaged or rendered unusable as a result of the incident.
A.
The City of Oil City intends to, and does herein, provide for reimbursement
for any and all City departments for any costs and/or expenses incurred
by these departments for hazardous materials incidents by submitting
claims to the person, property owner, partnership, business, firm,
corporation, organization and/or his or its 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, Venango County Emergency Management Director or their
authorized representatives, pose an unreasonable and imminent risk
to the 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."
C.
The Public Safety Director, Fire Chief or his designee is authorized
to cleanup, abate or effect the cleanup or abatement of any hazardous
materials or substances deposited upon or into properties or facilities
within the municipal boundaries of the City of Oil City or having
a direct or identifiable effect on persons or property within the
municipal boundaries of the City of Oil City, 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 Oil City.
D.
Any person, property owner, partnership, business, firm, corporation
or organization that is rendered service under this section shall
provide the Oil City Fire Department with the following information:
E.
In the event of a hazardous materials incident requiring the response
of the Oil City Fire Department, Oil City Police Department, Oil 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 Oil City 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 expense related
to that incident that becomes 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 Oil
City shall include, but not be limited to, the following: actual labor
costs of City of Oil City personnel, including workers' 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 for the costs and/or expenses incurred by
City departments according to the following fee schedule:
(1)
Vehicle leaking fuel cleanup less than 50 gallons: $50.
(2)
Equipment usage fee.
(a)
One hundred fifty dollars per hour, or fraction thereof, for
each pumper required, in the opinion of the officer in command to
stand by at the hazardous materials incident. For each hour, or fraction
thereof, that the pumps are activated, an additional sum of $50 per
hour shall be charged.
(b)
One hundred dollars per hour, or fraction thereof, for each
special operations unit required, in the opinion of the officer in
command, to be utilized in responding to the hazardous materials incident.
(c)
One hundred fifty dollars per hour, or fraction thereof, for
each aerial truck required, in the opinion of the officer in command,
to be utilized in responding to the hazardous materials incident.
For each hour, or fraction thereof, that the pumps are activated or
the boom is elevated, an additional sum of $50 per hour shall be charged.
(d)
Seventy-five dollars per hour, or fraction thereof, for each
police vehicle required, in the opinion of the officer in command,
to be utilized in responding to the hazardous materials incident.
(e)
One hundred dollars per hour, or fraction thereof, 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.
(3)
Replacement costs for equipment that is contaminated beyond reuse
or repair (such as uniforms, clothing, communications equipment, turnout
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 City of Oil City
personnel have 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 released hazardous
material.
(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 article.
A.
Any owner, resident, tenant or occupant that is provided the service
of unlocking or attempting to unlock their apartment, dwelling, residence
or other commercial or industrial structure by the Oil 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 property owner who is rendered service
under this section shall provide the Oil City Fire Department with
the following information:
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 Oil City Fire Department according to the following
fee schedule:
(1)
Unlock service: $20 per incident.
D.
The City of Oil City or the Oil 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 to this fact.
A.
The City of Oil City intends to, and does herein, provide for reimbursement
to the Oil 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 have observed fire drills conducted to meet local, state or
federal fire regulations.
C.
Any person, property owner, business, firm, corporation or organization
that requests and is rendered services under this section shall provide
the Oil City Fire Department with the following information:
(1)
Billing name, address and telephone contact number 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 Oil City Fire Department according to the following fee schedule:
Nothing in this section shall be interpreted to authorize the
Oil 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.
