This chapter shall be known as the "Emergency Services Cost Recovery Ordinance."
[Adopted by the Borough Council of the Borough of Canonsburg 4-12-2021 by Ord. No. 1353. Amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
An amount that is consistent with what a reasonable person would pay in the same or similar circumstances for the same business or for the same or similar item. This term shall not include any costs for labor.
The Borough of Canonsburg.
An incident that requires responsive, coordinated action to protect an individual, the environment, critical infrastructure or property, and the responsive, coordinated action is the result of an official dispatch.
The Canonsburg Volunteer Fire Company or any other entity that provides emergency services to Borough residents.
Any individual or entity that provides homeowners' insurance, vehicle insurance or any form of liability insurance for any structure or vehicle.
A.
The Canonsburg Volunteer Fire Department is hereby authorized to recover reasonable costs for the use of emergency rescue tools, equipment and materials; hazardous material abatement tools and equipment, hazardous abatement materials, fire suppression tools and equipment; and personnel hours involving any hazardous material, environmental, fire safety, and/or rescue incident or operation, including vehicular accidents and fires.
B.
A rate schedule of reasonable costs for the aforementioned tools, equipment, materials and hourly rates for personnel shall be set forth by the Canonsburg Volunteer Fire Department and reviewed and consented to by resolution of the Council from time to time, and shall be applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rate schedule.
C.
The reasonable costs outlined above may be recovered from any identified insurance carrier or person or persons, directly by the Volunteer Fire Department, the Borough or by an attorney, or through a third-party billing service acting as a contracted authorized agent for the collection of such costs. In addition to the reasonable costs as set forth in the above-mentioned rate schedule, the Borough, attorney, or the third-party billing service shall hereby be authorized to collect, in addition to the reasonable costs, reasonable interest, legal, administrative and any other collection fees associated with collecting the said costs and fees.
D.
In the event that any insurance carrier or person or persons should fail to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the Borough, attorney or the third-party billing agency who mailed or delivered the bill or invoice may enforce the provisions of this chapter 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 the Borough, together with statutory interest, court costs, collection fees and associated reasonable attorneys' fees.
A.
Any insurance carrier or person shall be liable for the reimbursement of reasonable costs incurred by the Borough, as outlined in this chapter, unless that person has paid to the Borough a tax which funds, at least in part, the services which the Fire Company provides.
B.
The Borough shall not be obligated to pursue collection efforts against any insurance company or person in the event that the Borough reasonably determines that collection efforts will not be successful or that the costs of collections will exceed the amount due hereunder.
The following rate schedule shall apply a:
A.
Apparatus.
Type of Apparatus | Fee |
|---|---|
Engine | $350 per hour |
Aerial/ladder | $400 per hour |
Rescue | $300 per hour |
Squad/utility/support | $150 per hour |
B.
Equipment/service.
Type of Equipment/Service | Fee |
|---|---|
SCBA | $50 each |
Hose (per 50 feet) | $25 |
Gas/CO detector | $50 per use |
Extinguisher (any class) | $50 per use |
Hand tools | $15 each |
Hydraulic rescue tools | $200 each |
Scene lighting | $75 per hour |
Oil-absorbent sheets | $10 each |
Portable pumps | $30 per hour |
Power tools | $50 each |
Road closing/traffic control | $100 per hour |
Salvage covers | $35 each |
Debris cleanup/removal | $250 |
Flares | $8 each |
Ventilation fans | $50 each |
IR camera | $100 each |
Foam | $60 per gallon |
Cribbing, passenger | $100 each |
Cribbing, Class B | $200 each |
Cribbing, trucks Class A | $500 each |
Stabilization struts | $50 per use |
Latex gloves | $2 per pair |
Ladders | $35 per use |
Medical extrication (with hydraulics) | $1,500 per patient |
Generator | $50 per hour |
Hand lights | $5 per use |
Fire-line tape | $0.25 per foot |
Nothing in this chapter shall authorize any Borough department or Borough staff member or bureau or department personnel to refuse or delay any rescue service to any person, firm, organization or corporation, due to the lack of insurance coverage or ability to pay for said rescue services.
If any portion of this chapter is declared by any court of competent jurisdiction to be invalid, it is the intention of the Borough Council of the Borough of Canonsburg that all other parts remain in effect.
It is the intention of the Borough Council of the Borough of Canonsburg that all ordinances that are in conflict with this chapter are hereby repealed. Further, any ordinance not specifically mentioned in this chapter that is not in conflict with this chapter shall remain in full force and effect.