[HISTORY: Adopted by the Township Board of the Township of
Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-2009 by Ord. No. FE-1]
This article is adopted to provide reimbursement to the Township
relative to certain fire and emergency services rendered by Park Township
Fire Department. The Township has authority under MCLA § 41.806a
to adopt an ordinance authorizing the recovery of these kinds of expenses.
The Township has determined that adopting such an ordinance is in
the best interests of the public health, safety and welfare of the
Township.
The following terms are defined for the purposes of interpreting
and applying this article as follows:
Any device, automated or manual, that is designed to request
or summon a Township Fire Department response, which device is activated,
intentionally or otherwise, in the absence of an actual need for emergency
assistance. The determination that there was no actual need for emergency
assistance shall be made by the Township Fire Chief.
Coming to the scene of a fire or release of hazardous materials,
traffic or vehicular accident, or hazardous condition, or any investigation
in connection with a fire, release of hazardous materials, accident
or hazardous condition.
Any condition creating a concern for the physical welfare
of persons in the immediate area of the situation (including downed
utility lines or gas leaks not in an occupied structure), requiring
a Fire Department response.
To the extent such materials do not qualify as a "hazardous
substance" under MCLA § 324.20101, being Section 20101 of
Part 201 of the Natural Resources and Environmental Protection Act
of Michigan, those elements, substances, wastes, or their by-products,
which are contained in the list of hazardous substances adopted by
the United States Environmental Protection Agency (the EPA); or which
are contained in the list of toxic pollutants designated by Congress
or the EPA; or which are defined as hazardous, toxic, pollutant, infectious,
flammable, combustible, explosive, or radioactive by any other federal,
state, or local statute, law, ordinance, code, rule, regulation, order,
or decree regulating, relating to, or imposing liability or standards
of conduct concerning any hazardous, toxic, or dangerous waste, substance
or material, as now in effect.
Gathering of evidence or data in connection with arson investigations,
or special investigations required to determine the responsibility
of persons for fires, spills, accidents or hazardous conditions. Investigations
do not include the normal investigation made to determine cause and
origin of a fire as required by the State of Michigan.
In connection with an incident, all actual costs or expenses
incurred by the Township, including but not limited to each of the
following:
Charges for each fire department vehicle, including, but not
limited to, pumpers, ladder trucks, tankers, rescue squads, brush
units, command units and other vehicles. Hourly rates for these charges
shall be established by resolution of the Township Board.
Replacement costs for equipment that is contaminated or damaged
beyond reuse or repair (by way of example and not limitation, items
such as turn-out gear or self-contained breathing apparatus).
All personnel-related expenses incurred by the Township, including
but not limited to wages, salaries, fringe benefits, and insurance
for full-time and part-time fire personnel, overtime pay and related
fringe benefit costs for hourly employees, and fire run fees paid
to on-call fire personnel. These personnel-related expenses will commence
when the Fire Department has begun responding to the incident and
shall continue until all Township personnel have concluded their incident-related
responsibilities.
Expenses of cleaning and decontaminating equipment.
Technical consulting services specifically required as a result
of the incident, including but not limited to technical experts or
specialists not otherwise available to the Township.
Laboratory costs of analyzing samples taken during the incident.
Costs of cleanup, storage or disposal of the released hazardous
material.
Medical and hospital expenses incurred as results of the incident.
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.
Any leaking, spilling, pumping, pouring, emitting, emptying,
discharging, injecting, leaching, dumping, or disposing into the environment.
A natural person, corporation, partnership or other entity
with legal capacity.
Pursuant to the authority granted by Public Act 33 of the Public
Acts of 1951, as amended, and as further amended by Public Acts of
1990, found in MCLA §§ 41.801 and 41.806(a), the Township
shall render charges to persons or properties served by Park Township
Fire Department for certain specific services for conditions described
as follows.
(1)
Any Fire Department response to a fire when said fire has been started
for the specific purpose of and with the intent of causing damage
to or destruction of any such building, dwelling, appurtenant structure,
vehicle or other property.
(2)
Any Fire Department response to an incident caused by a criminal
act, such as but not limited to DUI, intentional false alarm, arson,
etc.
(3)
Any Fire Department response to an incident causing damage or destruction
to Fire Department equipment beyond normal wear and tear.
(4)
Any Fire Department response that involves the need to call in an
additional third party. All expenses incurred and paid by the Township
to said third party shall be subject to cost recovery.
(5)
Any Fire Department response requiring containment, abatements or
any safety measure in connection with any release of hazardous materials.
Charges in such case shall be made to the person responsible for the
release, whether or not the release occurs on the property of the
responsible party. The responsibility for the release includes releases
caused by the person as well as any release from any vehicle, building,
or other instrumentality owned, occupied or utilized by the person,
regardless of fault.
(6)
Any Fire Department response in connection with a hazardous materials
incident. The responsible parties shall be responsible to the Township
for the Recoverable Expenses relating to an incident. This responsibility
shall be in addition to any other penalties, obligations, or remedies
provided by law. The liability or responsible parties under this article
shall be strict, joint and several, and without regard to fault.
(7)
The cost of copies for Fire Department reports generated for any
person, except for governmental entities.
(8)
Any Fire Department response to a false alarm due to system malfunction
or maintenance issue at a property that is not a single-family residence
in excess of three such alarms in any consecutive twelve-month period.
(9)
The provision of Fire Department equipment or personnel for the purpose
of providing standby fire, rescue, or emergency medical services necessary
to support a nonemergency event/situation hosted by a for-profit organization.
When such services are requested by a nonprofit organization, the
Township Board will act upon a recommendation by the Township Fire
Chief to charge for services.
(10)
Failure to comply with requests made by the Fire Department to abate
hazards as specified in the fire safety codes as adopted by the Township.
If compliance is not made within three inspection visits over a thirty-day
period, the Fire Inspector will notify the Township Fire Chief, who
will charge the person responsible for the property the appropriate
fee as provided by resolution.
The following properties and services shall be exempt from the
foregoing charges.
(1)
Fires caused by railroad trains which are the specific statutory
responsibility of railroad companies.
(2)
Fire service performed outside the jurisdiction of the Township under
a mutual aid contract with an adjoining municipality.
(3)
Fire service performed for federal, state, county, township, village
and other governmental real estate and/or property.
Persons responsible for charges include the following:
(1)
Persons who caused the condition or incident.
(2)
Property owners or occupants of property upon which the conditions
exist.
(3)
Owners or lessees of instrumentalities involved in the condition
or incident, such as vehicle owners, utility or gas companies.
(4)
Owners of vehicles from which occupants are extricated, owners or
renters of premises from which a person or persons are rescued, and
owners or renters of vehicles receiving fire extinguishment or spill
abatement shall be deemed as benefiting from the services provided.
(5)
Insurers or guarantors for persons responsible or benefited.
When a particular service rendered by the Township directly
benefits more than one person or property, each person responsible
as set forth above shall be jointly and severally liable for the payment
of the full charge for such service hereinbefore outlined. The interpretation
and application of the within section is hereby delegated to the Township
Fire Chief subject only to appeal, within the time limits for payment,
to the Township Board.
The Township shall bill persons determined to be responsible
for the incident charged for, or owners of property, for amounts set
forth in the resolution determining charges. All bills rendered for
charges shall be paid 30 days of the mailing of the billing.
The Township may proceed in district court by suit to collect
any monies remaining unpaid and shall have any and all other remedies
provided by law for the collection of said charges.
Charges for Fire Department response services enumerated above
shall be determined by resolution of the Township Board.
All funds collected as a result of this article shall be used
for the normal operations and maintenance of the Fire Department and
its equipment.
The recovery of charges and expenses imposed under this article
shall not relieve or limit the liability of any person under any other
local ordinance, or state or federal law, rule or regulation. The
remedies provided herein shall be in addition to those remedies provided
by the Natural Resources and Environmental Protection Act of Michigan,[1] and nothing in this article shall prohibit the Township
from also proceeding under the Natural Resources and Environmental
Protection Act of Michigan to recover costs associated with responding
to an incident involving hazardous materials or substances.
[1]
Editor's Note: See MCLA § 324.101 et seq.
No officer, agent, employee or member of the Township Board
shall be personally liable for any damage that may accrue to any person
as a result of any act or decision performed in the discharge of duties
and responsibilities pursuant to this article.
