[Ord. 633, 12/11/2007, Art. I]
This Part shall be known as the "Borough of West Homestead Emergency
Service Cost Reimbursement Ordinance."
[Ord. 633, 12/11/2007, Art. II]
1.
Authority. Under the Borough Code, Act of February 1, 1966 (1965
P.L.), the Borough of West Homestead has the authority to make rules
and regulations for the government of public safety and/or fire companies
located within the Borough of West Homestead.
2.
Findings. It is recognized that the duties of fire companies require
specialized fire/safety/emergency/rescue/environmental/hazardous material
tools, equipment, materials, supplies and specialized training in
order to provide for the safety of the public served. Such required
responses, as well as the response to emergency situations involving,
and/or caused by, resident and/or nonresident individuals, places
a tremendous financial burden on said fire companies. While taxes,
if applicable, may provide the fire companies sufficient financial
assistance to exist, in an effort to avoid ever-increasing tax burdens
of the residents of the Borough of West Homestead, it is found that
the alternative source of funding known as Emergency Service Cost
Reimbursement (i.e., response billing) should be authorized.
3.
Purpose. To grant the West Homestead Volunteer Fire Department, operating
in the Borough of West Homestead (hereinafter "fire department") the
authority to seek reimbursement for the reasonable cost of responding
to such incidents, as well as the reasonable costs to recoup such
costs.
[Ord. 633, 12/11/2007, Art. III]
1.
The fire department is authorized to recover the reasonable costs
of the use of emergency fire and/or rescue (including, but not limited
to, vehicle accidents) personnel hours, tools, equipment, materials
and vehicles; hazardous material and/or environmental response personnel
hours, tools, equipment, materials and vehicles; and reasonable interest
on any amount due from the date of the response forward. Additionally,
the fire department is authorized to collect a reasonable flat-rate
fee for any false alarm responses or fire drill responses for which
the fire department did not receive at least 48 hours' prior
notice.
A.
Nothing in this Part shall be interpreted as limiting any amounts
the fire department is authorized to collect under any applicable
state statute or law.
2.
The reasonable costs authorized to be billed for under this Part
may be recovered directly by the fire department or through a third
party billing service as an authorized agent far the collection of
such costs.
3.
The reimbursement rates for the aforementioned costs shall be set
by the billing entity.
4.
If a third party billing service is utilized, said third party billing
service shall be authorized to charge a service charge in addition
to the costs it is recovering for the fire department. Said service
charge will be set by the third party billing service.
5.
In the event that collection costs and/or attorney's fees are
incurred by the fire department or third party billing service as
a result of the efforts required to obtain full reimbursement for
the costs billed for under this Part, said collection costs and/or
attorney's fees may be recovered by the fire department or third
party billing service from the party responsible for the costs originally
billed for under this Part.
[Ord. 633, 12/11/2007, Art. V]
Costs authorized to be billed under this Part may be billed
from a retroactive date of not more than 30 days preceding the effective
date of this Part, which is the date of final passage of this Part
and execution thereof by all proper officials.
