[Ord. No. 1011, 9/9/2019]
As used in this Part, the following terms shall have the meanings
indicated:
The Bridgeville Volunteer Fire Department or its designee(s),
including but not limited to any other service provider or authorized
emergency responder providing mutual aid or assistance, the Bridgeville
Police Department, the Bridgeville Borough Public Works Department,
providing emergency services, of any type, pursuant to a dispatch
by the 911 system. These terms include but are not limited to any
other emergency service provider providing emergency services under
a mutual aid agreement or request by the Fire Department, Borough,
or its designee.
The Bridgeville Volunteer Fire Department that provides all
types of emergency services, and shall include, for purposes of authorization
to invoice and recover fees for services, its emergency service provider
designees or contractors, and any other fire or emergency services
entities of another municipality providing services under mutual aid
agreement or dispatched under the 911 system.
Any natural person(s), partnership, corporation, limited-liability
partnership or corporation, association, firm, or other legal entity.
[Ord. No. 1011, 9/9/2019]
1.
Fire Department is hereby authorized, pursuant to general laws and
this Part, to recover the usual, reasonable, and customary costs of
materials used and expended, costs of equipment operation, including
materials used for hazardous situation abatement, costs of special
fire extinguishing agents used, and personnel services (including
any administrative and/or contracted labor) used in or devoted to
any fire, safety, rescue, and/or hazardous waste abatement incident
and/or other emergency response incidents, including but not limited
to vehicular accidents and fires.
2.
Emergency service providers are hereby authorized, pursuant to general
laws and this Part, to recover from any responsible person(s) or their
insurer the usual, reasonable, and customary costs of materials used
and expended, use of equipment, personnel services, and transport
costs used in or devoted to the provision of emergency services and
emergency transport.
3.
It shall be the duty of the Fire Chief to generate an accurate incident
report and invoice reflecting the reasonable costs incurred within
24 hours to 72 hours from the date of the incident and transmit said
invoice to an identified insurance carrier or a third-party billing
service for collection of funds. Copies of all invoices shall be submitted
to Borough Council and maintained as record by the Fire Department.
Upon request, an invoice of itemized charges will be made available
to the party being held liable for the cost recovery.
4.
A claim detailing the reasonable costs outlined above shall be filed
with an identified insurance carrier directly to be recovered by the
Fire Department or emergency service provider, by an attorney, or
through a third-party billing service acting as a contracted authorized
agent for the collection of such costs. The identified insurance carrier
shall remit payment of invoiced costs, expenses, and fees directly
to the Fire Department or emergency service provider, as applicable.
Notwithstanding the foregoing, the Borough reserves the right, under
appropriate circumstances involving grossly negligent, reckless, or
intentional conduct, in its sound discretion after weighing and considering
the degree of fault and financial circumstances of the responsible
person(s), to authorize or seek to recover costs in whole or in part
directly from the responsible person(s).
5.
In addition to such costs, expenses, and fees, the Fire Department
and emergency service provider 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 Pennsylvania.
6.
In the event that any insurance carrier should fail to pay any invoice
within 30 days of the mailing or delivery of such notice of charges,
the Fire Department and emergency service provider, attorney, or third-party
billing service who mailed or delivered the invoice may enforce the
provisions of this Part 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 Fire Department and emergency service provider.
However, Fire Department and emergency service provider shall not
be obligated to pursue collection efforts.
7.
In addition to such costs, expenses, and fees, in the event Fire
Department and emergency service provider are compelled to initiate
private collection or legal proceedings to collect sums due, such
Fire Department and emergency service providers, in addition to all
costs, expenses, fees, and interest or service charges due, shall
be entitled to recover in such proceeding all attorney's fees,
collection agency fees, filing fees, and litigation expenses reasonably
incurred in the proceeding to the extent permitted by law.
8.
In the event that the person(s) involved in an incident does/do not have insurance, the Bridgeville Volunteer Fire Department will assume costs and those costs will be covered through the Department's operating budget. Nothing herein shall be interpreted to limit the Department's and Borough's exercise of its/their discretionary rights of direct recovery of fees and costs as reserved under Subsection 4, above.
9.
Nothing in this Part shall authorize Fire Department and emergency
service provider to refuse or delay an emergency response to any person,
firm, organization or corporation due to the lack of insurance coverage
or ability to pay for said emergency response.
10.
Except for recovery of costs incurred by the Borough, the Borough
shall not be responsible for any aspect of the recovery of costs under
this Part. The Borough shall have no obligation to assist Fire Company
and emergency service provider, or any third-party billing service,
in the recovery of costs set forth under this Part.
[Ord. No. 1011, 9/9/2019]
1.
The Fire Department shall establish and the Borough shall from time
to time adopt by resolution a Schedule of Fees and Costs, reflecting
mitigation rates for the delivery of emergency and nonemergency services
by the Fire Department for personnel, supplies and equipment to the
scene of emergency and nonemergency incidents. The mitigation rates
reflected in the Schedule of Fees and Costs shall be based on actual
costs of the services and that which is usual, customary and reasonable
(UCR), which may include any services, personnel, supplies, and equipment
and with baselines established by addendum to this document.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2.
The Schedule(s) of Fees and Costs, attached as Appendix A hereof,[2] is hereby adopted, and it shall remain in full force and
effect until amended by Borough resolution from time to time.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
3.
The Fire Department and emergency service providers shall from time
to time as appropriate itself prepare and establish, and submit to
the Borough for its approval and adoption by resolution, proposed
updated Schedule(s) of Fees and Costs for their respective services.
4.
Such Schedules of Fees and Costs shall be posted at the Department's
or provider's business offices and shall be made available to
persons upon request.
