[HISTORY: Adopted by the City Council of the City of Butler 7-27-2017 by Ord. No.
1745.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bureau of Fire — See Ch. 30.
Fire Marshal — See Ch. 33.
Hazardous materials — See Ch. 150.
Insurance — See Ch. 158.
[1]
Editor's Note: This chapter also repealed former Ch.
135, Emergency Services Cost Recovery Fees, adopted 5-22-2014 by Ord.
No. 1689.
This chapter shall be known as the "Emergency Services Cost
Recovery Ordinance."
A.
Findings. The City of Butler recognizes that the duties of the Butler
Fire Department require the use of specialized emergency rescue tools
and equipment, emergency rescue materials, hazardous material abatement
equipment, and hazardous abatement materials and fire suppression
tools and equipment during its emergency responses. The City of Butler
also recognizes that the costs of the maintenance and replacement
of this equipment added to the replacement costs of damaged or expended
materials places an increasing financial burden on the City of Butler.
B.
City Council intent. This chapter is intended to grant the City of
Butler the authority to seek recovery of all reasonable costs of responding
to such emergency incidents, as allowed by applicable law.
A.
The City of Butler Fire Department is hereby authorized to recover
reasonable costs for the use of emergency rescue tools, equipment
and materials; hazardous material abatement tools and equipment, hazardous
abatement materials, fire suppression tools and equipment; and personnel
hours involving any hazardous material, environmental, fire safety,
and/or rescue incident or operation, including vehicular accidents
and fires.
B.
A rate schedule of reasonable costs (§ 135-5), for the aforementioned tools, equipment, materials and hourly rates for personnel, shall be set forth by the Butler Fire Department and reviewed/updated from time to time, and shall only be applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rate schedule. A copy of the rate schedule shall be on file for review at the business offices of Butler City.
C.
The reasonable costs outlined above may be recovered from any identified
insurance carrier or person or persons, directly by the City or by
an attorney, or through a third-party billing service acting as a
contracted authorized agent for the collection of such costs. In addition
to the reasonable costs as set forth in the above-mentioned rate schedule,
the City, attorney, or the third-party billing service shall hereby
be authorized to collect, in addition to the reasonable costs, reasonable
interest, legal, administrative and any other collection fees associated
with collecting the said costs and fees.
D.
In the event that any insurance carrier or person or persons should
fail to pay any bill or invoice within 30 days of the mailing or delivery
of such notice of charges, the City, attorney or the third-party billing
agency who mailed or delivered the bill or invoice may enforce the
provisions of this chapter by turning over to a third-party collection
agency or, if deemed appropriate, may be enforced by filing a civil
action at law in a court of competent jurisdiction for the collection
of any amounts due to the City, together with statutory interest,
court costs, collection fees and associated reasonable attorneys'
fees.
A.
Any insurance carrier or person shall be liable for the reimbursement
of reasonable costs incurred by the City, as outlined in this chapter,
unless that person has paid to the City of Butler a tax which funds,
at least in part, the services which the City of Butler Fire Department
provides. Individuals who intentionally set fires and motor vehicle
accidents in which the fault drivers are found to be driving under
the influence will not be omitted by the above.
B.
The City shall not be obligated to pursue collection efforts against
any insurance company or person in the event that the City reasonably
determines that collection efforts will not be successful or that
the costs of collections will exceed the amount due hereunder.
A.
Apparatus.
Type of Apparatus
|
Fee
| |
---|---|---|
Engine
|
$350 per hour
| |
Aerial/ladder
|
$400 per hour
| |
Rescue
|
$300 per hour
| |
Squad/utility/support
|
$150 per hour
|
B.
Equipment/service.
Type of Equipment/Service
|
Fee
| ||
---|---|---|---|
SCBA
|
$50 each
| ||
Hose (per 50 feet)
|
$25
| ||
Gas/Co detector
|
$50 per use
| ||
Extinguisher (any class)
|
$50 per use
| ||
Personnel hours
|
$30 per hour per member
| ||
Hand tools
|
$15 each
| ||
Hydraulic rescue tools
|
$200 each
| ||
Scene lighting
|
$75 per hour
| ||
Oil-absorbent sheets
|
$10 each
| ||
Portable pumps
|
$30 per hour
| ||
Power tools
|
$50 each
| ||
Road closing/traffic control
|
$100 per hour
| ||
Salvage covers
|
$35 each
| ||
Debris cleanup/removal
|
$250
| ||
Flares
|
$8 each
| ||
Ventilation fans
|
$50 each
| ||
IR camera
|
$100 each
| ||
Foam
|
$60 per gallon
| ||
Cribbing
| |||
Passenger
|
$100 each
| ||
Class B
|
$200 each
| ||
Trucks: Class A
|
$500 each
| ||
Stabilization struts
|
$50 per use
| ||
Latex gloves
|
$2 per pair
| ||
Ladders
|
$35 per use
| ||
Medical extrication (w/ hydraulics)
|
$1,500 per patient
| ||
Generator
|
$50 per hour
| ||
Hand lights
|
$5 per use
| ||
Fire line tape
|
$0.25 per foot
|
Nothing in this chapter shall authorize any City bureau or department
or City staff member or bureau or department personnel to refuse or
delay any rescue service to any person, firm, organization or corporation,
due to the lack of insurance coverage or ability to pay for said rescue
services.
The provisions of this chapter are severable. If any part of
this chapter is declared to be unconstitutional, illegal or invalid,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of the Council of the City of Butler that this
chapter would have been adopted had such unconstitutional, illegal
or invalid part not been included.
All ordinances, including current Chapter 135 of the Codified Ordinances of the City of Butler, or parts of ordinances inconsistent herewith, be and the same are hereby repealed. This chapter is intended to repeal and replace current Chapter 135 of the Codified Ordinances of the City of Butler. All ordinances not specifically amended hereby remain in full force and effect.