[HISTORY: Adopted by the Board of Supervisors of Fairview
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-7-2018 by Ord.
No. 2018-3]
As used in this article, the following terms shall have the
meanings indicated:
The Fire Department, ambulance service or designee of the
Fire Department providing emergency or medical services or providing
services pursuant to a dispatch under the 911 system and any other
emergency service provider providing emergency services under a mutual
aid agreement with the emergency service provider or its designees.
Any natural person(s), partnership, corporation, limited
liability partnership or corporation, association, firm, insurance
carrier, servicing agency or other legal entity.
An amount determined by the emergency service provider for
response costs and administrative expenses, which may include interest
and reasonable attorneys' fees and other collection costs.
Those calls resulting from the repeated activation of fire
alarm systems due to causes other than fire or smoke. A fee shall
be charged for each incident, commencing with the fourth occurrence
during any previous twelve-month period. Such causes include, but
are not limited to:
Alarm activation for no apparent reason.
Alarms resulting from failure to properly maintain or repair
the system.
Failure to protect detection devices from dust, dirt, or fumes
during construction, fumigation or similar situations.
Failure to use proper exhaust or ventilation equipment to prevent
activation of detection devices by cooking smoke, steam, fumes, etc.
Intentional activation of an alarm when no emergency exists.
A.
Emergency service providers are hereby authorized to recover the
usual, reasonable and customary cost of materials used and expended
and to recover a fee set from time to time for the use of equipment,
hazardous situation abatement materials and personnel costs used in
or devoted to any fire, safety, rescue, medical and/or hazardous waste
abatement incident, including, but not limited to, those caused by
vehicular accidents, scene safety and traffic control and/or fires.
B.
Emergency service providers are hereby authorized to recover the
usual, reasonable and customary costs of materials used and expended,
the use of equipment, personnel services and transportation costs
used in or devoted to the providing of emergency services and emergency
transport.
C.
Emergency service providers shall establish a schedule of fees and
costs for their respective services, which schedule may be amended
from time to time. Such schedule of fees and costs shall be posted
at the emergency service provider's business offices and shall
be made available to persons upon request. The costs and expenses
authorized by this article shall be those established in current and
posted schedules and as adopted by resolution by the Supervisors of
Fairview Township, as needed.
A.
Costs, expenses and fees authorized in § 186-2 shall be charged, collected and recovered directly by the emergency service provider and/or its appointed designee or agent. The person invoiced for such costs, expenses and fees or that person's insurance carrier, servicing agency or other representative shall remit payment of invoiced costs, expenses and fees directly to the emergency service provider or its appointed designee or agent, as is applicable.
B.
In addition to such costs, expenses and fees, fire departments or
emergency service providers are authorized to impose interest or finance
charges upon invoiced amounts not paid within 30 days after the invoice
date, at such rates as are authorized by the laws of the Commonwealth
of Pennsylvania.
C.
In addition to such costs, expenses and fees, in the event emergency
providers are compelled to initiate private collections or legal proceedings
to collect sums due, such provider, in addition to all costs, expenses,
fees and interest or service charges due, shall be entitled to recover
in such proceedings all attorneys' fees, collection agency fees,
filing fees and litigation expenses reasonably incurred in the proceeding
to the extent not prohibited by law.
The owner and/or the building occupant shall be charged a fee
of $300 per occurrence after the third unnecessary call/false alarm
in the immediately preceding twelve-month period. These fees shall
be invoiced by the emergency service provider and paid directly to
the emergency service provider, its appointed designee or agent.
A.
Any person failing to make payments pursuant to the provisions of § 186-3 above shall violate this article.
B.
Each day a violation of this article continues or each section of
this article that shall be found to have been violated shall constitute
a separate offense.
C.
A fine in the amount of not more than $600 per violation and for
each day of violation is hereby prescribed for violations of this
article pursuant to the provisions of the civil penalty provisions
of the Second Class Township Code.
D.
Upon a finding of violation, there shall also be imposed all reasonable
attorneys' fees and costs incurred by Fairview Township and/or
fire departments and/or emergency medical service providers and/or
their agents in the proceedings.
