[1]
Editor's Note: Original Part 3, Smoke Detectors Required
in Rental Properties, adopted 4-13-1994B, was repealed 7-13-2005.
[Ord. No. 2019-08, 7/24/2019]
This Part shall be called the "Emergency Services Costs Recovery
Ordinance."
[Ord. No. 2019-08, 7/24/2019]
The Wesleyville Borough Council recognizes that volunteer fire
companies incur costs, consume materials, expend resources, and otherwise
use up materials, goods, and products that must be replaced at substantial
cost to the fire companies in the course of handling, responding to,
and rendering services during emergencies that occur within the Borough
and even beyond the boundaries of the Borough when providing mutual
aid to adjacent communities. Those costs, when fair and reasonable,
need to be recovered in order for the volunteer fire companies to
remain viable. The fire companies need the legal authority of an ordinance
approving the recovery of those costs.
[Ord. No. 2019-08, 7/24/2019]
For purposes of this Part, the following words shall have the
following meanings:
Refers to Wesleyville Borough.
An event triggering a response from a volunteer fire company(ies)
other than an ambulance response. Emergencies could include, but are
not limited to, events requiring firefighting, extractions, or like
services. Fire service calls, false alarms, nuisance alarms, hazardous
material incidents, environmental incidents, and safety and rescue
incidents coordinated via the Emergency Management Coordinator and/or
911, and those that use hazardous material abatement equipment and
materials, are also eligible for reimbursement.
Any service provided by the volunteer fire company(ies) other
than an ambulance response.
The volunteer fire company serving the needs of the citizens
of Wesleyville Borough include Wesleyville Hose Company. When used
in this Part, the phrase "fire company" shall also include any fire
company chartered other than in Wesleyville Borough, which provides
mutual aid for an emergency within the Borough.
An amount charged by other emergency responders similarly
situated as the one volunteer fire company serving the citizens of
Wesleyville Borough, but not to include personnel costs given the
voluntary nature of the participation in volunteer fire companies.
Said charges would also have to be itemized when the bill is presented
for payment.
[Ord. No. 2019-08, 7/24/2019]
Any volunteer fire company offering emergency services shall
be entitled to recover the fair and reasonable costs of responding.
Some of these costs can be standardized and are set forth below.
[Ord. No. 2019-08, 7/24/2019]
1.Â
False and/or nuisance alarms are deemed to be a waste of time, manpower,
and equipment and create the potential for serious injury to fire
company personnel and other responding emergency personnel. "False
alarm" means the activation of any alarm system which results in a
response by the fire company and which is caused by the negligence
or intentional misuse of the alarm system by the owner, its employees,
agents or any other activation of an alarm system not caused by heat,
smoke or fire, exclusive of a nuisance alarm. "Nuisance alarm" means
the activation of any alarm system which results in a response by
the fire company, caused by mechanical failure, malfunction, improper
installation, lack of proper maintenance or any other response for
which the fire company is unable to determine the apparent cause of
the alarm activation. Alarm activations caused by earthquakes, severe
weather, or power outages are not considered false or nuisance alarms.
2.Â
No fee shall be assessed for the first three false alarms at the
same premises responded to by the fire company during any 12 consecutive
months. Thereafter, the owner shall pay the following fees for false
alarms or nuisance alarms responded to by the fire company at the
same premises during any 12 consecutive months:
|
Number of False Alarm/Nuisance Alarms
|
Service Fee
|
|---|---|
|
First to Third
|
$0
|
|
Fourth
|
$100
|
|
Fifth
|
$200
|
|
Sixth and above
|
Doubles each time
|
[Ord. No. 2019-08, 7/24/2019]
1.Â
Wesleyville Borough recognizes the need to bill for volunteer fire,
rescue and hazmat services conducted within the Borough to aid in
the provision of emergency services.
2.Â
No person, firm or corporation requiring emergency services shall
be denied services due to lack of insurance or ability to pay.
3.Â
Any applicable charges for volunteer emergency services rendered
shall be billed directly to the user of such services or the user's
insurance company.
4.Â
The one authorized and enfranchised volunteer fire company operating
in Wesleyville Borough may, either directly or through any third-party
billing agency with which it has contracted for billing and/or collections
for volunteer fire, rescue and hazmat services, make arrangements
with users of such services and/or their financially responsible party
for installment payment of bills.
[Ord. No. 2019-08, 7/24/2019]
1.Â
Any of the fire departments authorized and enfranchised to operate
in Wesleyville Borough are hereby authorized to enter into a contract
with a third-party billing agency and/or collection agency for performance
of emergency, rescue and hazmat services billing and/or collection
services.
2.Â
The Borough and/or any recognized fire department may, in its discretion,
bill additionally for material and vehicle costs in the case of major,
extraordinary or unique incidents, including, but not limited to,
hazardous materials spills, fire emergency, and rescue incidents that
destroy or severely damage emergency services equipment.
3.Â
User fees.
A.Â
Volunteer fire and rescue services shall initiate user fees for the
delivery of emergency services, supplies and equipment to the scene
of any hazardous material incident, environmental incident or safety
and rescue incident or operation, including vehicular accidents and
fires that occur on the roadways of the Borough. The rate of the user
fee shall be that which is usual, customary and reasonable in accordance
with standard practice and industry standards.
B.Â
Every person and/or utility that is provided with volunteer emergency,
rescue and hazmat services shall be billed a user fee in accordance
with this Part.
C.Â
The user fee for volunteer emergency services rendered shall be billed
directly to the user of such service's insurance company. If
the insurance company is not known, the user of services shall be
billed directly, with instructions to forward the bill to his/her
insurance provider.
D.Â
Any and all amounts collected as the result of this Part shall be
used for the replacement and maintenance of emergency services materials
and equipment.
E.Â
The Borough reserves the right to implement rules and/or regulations
and/or revoke or amend existing rules and/or regulations as may be
deemed necessary for the billing and/or collection of user fees pursuant
to this Part.
4.Â
Uncollectible Amounts.
[Ord. No. 2019-08, 7/24/2019]
A.Â
The user fee is anticipated to be paid by the user's insurance
company. In the instance where the Borough receives official notification
from the insurance company that it will not honor the invoice, the
Borough and/or authorized fire departments are authorized to invoice
the responsible party directly and take any legal action necessary
to collect the fee(s), including negotiating a settlement.
B.Â
The Borough and/or authorized fire departments may, at its discretion,
write off the uncollected fee amounts as a bad debt, without the prejudice
to the responsible party.
C.Â
Should the Borough and/or any authorized fire department determine
that an insurance carrier has remitted the fee to the responsible
party involved and that the party has failed to remit the fee, the
Borough and/or authorized fire department are authorized to pursue
all legal means and appropriate action in order to collect the account.
[Ord. No. 2019-08, 7/24/2019]
Nothing in this Part shall be construed to affect any suit or
proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause of action acquired or existing, under any act
or ordinance hereby; nor shall any just or legal right or remedy of
any character be lost, impaired or affected by this Part.
[Ord. No. 2019-08, 7/24/2019]
If any sentence, clause, section, or part of this ordinance
is for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this ordinance. It is hereby declared as the intent of
the Wesleyville Borough Council that this Part would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
