The Town of Topsham is engaged in providing fire suppression,
fire rescue and fire safety services, and in consideration of services
rendered hereby desires to set the following restitution policy for
Fire Department services. This chapter is adopted pursuant to municipal
home rule ordinance authority and Title 30-A M.R.S.A. § 3001.
The Town of Topsham will seek payment for the cost of services
provided by the Town of Topsham Fire Department when responding to
incidents in the Town of Topsham. Services the Town of Topsham shall
seek payment for include, but are not limited to:
A. Scene and safety control at traffic accidents. The positioning of
fire apparatus and personnel to protect the scene from other traffic
and deny entry into the scene of unauthorized personnel. Police will
move traffic around the area the Fire Department has deemed as the
safe zone for the occupants of the vehicles and the rescuers on the
scene. Safely staging other incoming agencies responding to this incident
may also include a pulled hose line for the protection of people on
scene from possible fires and fumes or residue from such things as
gasoline and airbag propellants. The most important function is establishing
incident command of the scene, which is the Fire Department's
responsibility at emergency incidents and to coordinate with other
responding agencies for their needs at the scene. Patient care is
the responsibility of emergency medical service (EMS) personnel but
assistance may be requested.
B. Disentanglement
operations and assist rescue with extrication from vehicles. Anytime
a person has to be lifted or taken out of an emergency situation or
forcible entry is necessary to gain proper access to victims, the
Fire Department will assist ambulance or EMS personnel in a coordinated
effort. Ropes, ladder devices, air monitoring equipment, self-contained
breathing apparatus, hydraulic equipment, shoring, saws, cribbing,
and airbags are just a few of the types of equipment used in extrication
incidents.
C. Fluid and hazardous substance mitigation at traffic accidents. Anytime
the Fire Department has to manage any fluids or hazardous substances
through containment or absorption with pads, sand or other means permitted
by the Department of Environmental Protection (DEP). Mitigation of
all hazardous substances is performed in accordance with DEP regulations.
D. Vehicle fires. Anytime the Fire Department personnel have to contain
or extinguish a fire. It also includes the laying of hose lines and
positioning a hand line for the protection of individuals at the scene
because of fire, smoke, or leaking fluids, such as gasoline.
Upon adoption of this chapter, the Board of Selectmen in their
expressed authority shall be authorized to review and set the fees
for Fire Department services as they deem in the best interest of
the Town of Topsham. Fees for services shall be limited to cost recovery.
Methods of calculating the cost of services shall be identified and
generally based upon the average cost or specific cost of providing
the service. Cost calculations will include direct costs (apparatus,
personnel, and any miscellaneous supplies and services).
The Town may seek restitution for costs of Fire Department services
by filing claims with the insurance companies that insure the individuals
or companies involved in an incident where Fire Department services
are provided. The Board of Selectmen is authorized to enter into a
cost recovery agreement with a third-party billing company for the
billing and collection of fees for Fire Department services through
the filing of insurance claims. All such claims shall be submitted
in the name of the Town of Topsham. The Town shall only seek restitution
for Fire Department services from insured nonresident drivers at fault.
Restitution will only be billed to the insurance company and never
the individual.
Terms of compensation to the third-party billing company shall
be agreed upon and approved by the Board of Selectmen and set forth
in the terms of the cost recovery agreement.
It shall be the duty of the third-party billing company to effectively
pursue the requirements of this chapter for payment of services rendered
by the Fire Department as specifically outlined above.
The third-party billing company shall at all times during the
term of the agreement, have a valid general liability insurance policy,
a cyber liability policy, an error and omissions policy, and the Town
of Topsham shall be named as additionally insured.
This chapter shall take effect upon adoption by the Town of
Topsham at its annual Town Meeting of May 20, 2020.
If any section or provision of this chapter is declared by the
courts to be invalid, such decision shall not invalidate any other
section or provision of this chapter.