[HISTORY: Adopted by the Board of Commissioners of the Township
of Bethlehem 1-18-2016 by Ord.
No. 21-15. Amendments noted where applicable.]
The following words and phrases when used in this chapter shall
have the meanings given to them in this chapter unless the context
clearly indicates otherwise:
An amount that is consistent with what a reasonable person
would pay in the same or similar circumstances for the same business
or for the same or similar item. This term shall not include any costs
for labor.
An incident that requires responsive, coordinated action
to protect an individual, the environment, critical infrastructure
or property.
The volunteer fire companies located in the Township.
The dispatch of a fire company to an emergency by the Northampton
County 911 Call Center or a response to a special call or request
from the Township Police with an emergency.
The Township of Bethlehem, Northampton County, Pennsylvania.
A person involved in an emergency that necessitates a response
from a fire company shall be liable for the actual and reasonable
response costs incurred by the fire company unless that person has
paid a tax to the Township which funds at least part of the fire company's
operations and maintenance.
A.
Billing. A fire company shall have the right and authority to seek
reimbursement for actual and reasonable response costs related to
an emergency as provided for under this chapter which includes, but
is not limited to, the actual or reasonable response costs of materials
used or equipment damaged in an emergency. A bill for reimbursement
must clearly itemize the costs that have been incurred by the fire
company and shall be in accordance with the cost schedule attached
hereto and marked Exhibit "A,"[1] which cost schedule may be revised from time to time by
resolution of the Board of Commissioners of Bethlehem Township.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
B.
Reimbursement. If a person receives a bill for actual and reasonable
response costs as provided for under this chapter, the person shall
be responsible for payment of the bill. A person may elect to submit
the bill to an insurance company; however, submission of a bill to
an insurance company shall not relieve the person, other than a person
that has paid taxes to the Township as provided in § 125-02,
from financial responsibility for payment of the bill, if an insurance
company denies payment of the bill.
C.
Failure to pay. A fire company or a third party billing service that
submits to a person a bill for actual and reasonable response costs
as provided for under this chapter may file an action in a court of
competent jurisdiction to recover the amount of actual and reasonable
response costs if the person fails to pay the amount of the bill,
which may include reasonable interest, reasonable administrative fees,
reasonable attorney fees, reasonable collection fees, and court fees
for the collection of the bill.
D.
Bills from both fire companies. If more than one fire company incurs
actual and reasonable response costs in a response to an emergency,
separate bills will be submitted to the Township Fire Marshal, or
his/her designee as determined by the Township Manager, in order to
create one invoice.
E.
Proceeds from all bills submitted by the respective fire companies
will be kept in a capital fire company equipment fund to be held by
the Township. Efforts will be made to maintain a billing history based
on the submitting fire company.