[Ord. 7872, passed 8-28-2008]
(a)
The City of New Castle wishes to provide for reimbursement to the
City of New Castle for any costs and/or expenses incurred by the Fire
Department for any specialty rescue incidents by submitting claims
to the person, property owner, business, firm, corporation, organization
and/or their insurance carrier or by direct contract with a person,
property owner, business, firm, corporation, or organization.
(b)
It is the finding of the City that persons, property owners, businesses,
firms, corporations, organizations generally maintain insurance coverage
within their own casualty insurance policies or other applicable policies
that would provide reimbursement to the City of New Castle for Fire
Department provided specialty rescue services, equipment and personnel.
(c)
Reimbursement shall be sought by submitting claims to the person,
property owner, business, firm, organization, corporation and/or their
insurance carrier.
[Ord. 7872, passed 8-28-2008]
Specialty rescue incidents would include but not be limited
to the following:
[Ord. 7872, passed 8-28-2008]
(a)
The Fire Chief or his/her designee is hereby authorized and directed
to obtain all necessary and pertinent insurance information, and to
take necessary and affirmative actions to apply for and receive reimbursement
from any insurance carrier where a person, property owner, business,
firm, corporation, or organization is or may be insured so that the
City of New Castle may be reimbursed for any cost and/or expense incurred
for services, supplies and/or equipment used for or provided to the
person, property owner, business, firm, corporation, or organization
by the Fire Department.
(b)
Any property owner, business, firm, corporation, or organization
who is rendered service under this article shall provide the New Castle
Fire Department with the following information:
[Ord. 7872, passed 8-28-2008]
(a)
This section shall be construed to accomplish its purpose to compensate
and/or reimburse the City of New Castle from insurance proceeds the
costs and/or expenses incurred while providing services from the Fire
Department according to the following fee schedule:
|
Type
|
Fee
|
|---|---|
|
Confined Space Rescue
|
$1,500
|
|
Trench Rescue
|
$1,500
|
|
Collapse Rescue
|
$1,500
|
|
High Angle (rope) Rescue
|
$1,500
|
|
Underwater Search and Recovery
|
$500
|
(b)
Facilities with areas designated as "permit-required confined spaces"
under OSHA 1910.146 must, as listed in the standard 1910.146(d)(9),
develop and implement procedures for summoning rescue and emergency
services, for rescuing entrants from permit spaces, for providing
necessary emergency services to rescued employees, and for preventing
unauthorized personnel from attempting a rescue. Any such facility
utilizing the services of the New Castle Fire Department as their
designated "confined space rescue team" shall pay an annual service
fee of $1,000. Additionally, the contracted facility must schedule
an annual on-site visit by the New Castle Fire Department, at which
time it shall identify all permit-required confined spaces. The contracted
facility shall also be required to coordinate biannual training sessions
at the facility with the New Castle Fire Department, and be responsible
to pay for all departmental costs, including overtime and training
materials necessary for the exercise.
(c)
Facilities with areas designated as "permit-required confined spaces"
under OSHA 1910.146 who are not utilizing the services of the New
Castle Fire Department as their designated rescue team, but request
the Department to perform a confined space rescue, shall be invoiced
a service fee of $2,500 per incident, plus the costs of any equipment
damaged or rendered unusable as a result of this incident.
[Ord. 7872, passed 8-28-2008]
Nothing in this article shall be interpreted to authorize the
New Castle Fire Department or any City Department to refuse or delay
any emergency service to any City person, firm, business, organization,
or corporation, due to lack of insurance coverage or ability to pay
for said services.
[Ord. 7872, passed 8-28-2008]
Should any provision or part of this article be declared by
any court of competent jurisdiction to be invalid or unenforceable,
the same shall not affect the validity or enforcement of the balance
of this article, which shall remain in full force and effect.
[Ord. 7872, passed 8-28-2008]
All ordinances or parts thereof inconsistent with the provisions
of this ordinance shall be and are hereby repealed.
[Ord. 7872, passed 8-28-2008]
Notwithstanding any provisions to the contrary, whoever fails to cooperate with providing any information required pursuant to this article, shall be punished as provided in Section 101.99 of the Administrative Code.
