[1]
Editor’s note–Ordinance 1654, sec. 1, adopted January 27, 2015, amended the title of Art. III.
The following words, terms and phrases shall have the meaning ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
Business entity or person
means any corporation, sole proprietorship, partnership, limited partnership, firm or other similar entity, or any individual person, engaged in any commercial, business or industrial transactions of any nature.
Hazardous material
means any substance defined under section 101(14) of CERCLA; any biological agent or other disease-causing agent which, after release into the environment and upon exposure, ingestion, inhalation, or assimilation, by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in such persons or their offspring; any substance listed by the U.S. Department of Transportation as hazardous materials under 49 CFR 172.101 and appendices; or any hazardous waste as defined under 29 CFR 1910.120.
Responsible party
means all persons involved in the possession, ownership or transportation of any hazardous material that is released or abandoned, or who have legal liability for the causation of an incident resulting in the release or abandonment of any hazardous materials.
Service
means a response by one or more fire/EMS department units to an incident involving a leakage, spill and/or other release and/or abandonment of any hazardous material.
Service call
means the period of time from the dispatch of fire/EMS department units at the site where the service is to be performed, to the return of all department units to an available status.
(1969 Code, sec. 11-76; Ordinance 1451, sec. 1, adopted 9/27/05)
(a) 
The city shall initiate 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 as listed in section 22-81. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in section 22-81, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.
(b) 
A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
(c) 
The fire department's city comission may make rules or regulations and from time-to-time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
(1969 Code, sec. 11-77; Ordinance 1451, sec. 1, adopted 9/27/05; Ordinance 1822 adopted 9/12/2024)
If the responsible party cannot be identified or refuses to remedy all hazardous conditions created by leakage, spill and/or other release and/or abandonment of a hazardous material, the fire/EMS department may contract with a third party to complete the necessary remedial measures. The responsible party shall pay for all third party costs, plus an additional 20 percent of third party cost, associated with the hazardous materials remediation.
(1969 Code, sec. 11-78; Ordinance 1451, sec. 1, adopted 9/27/05)
It shall be the duty of each responsible party to report any incident involving any leakage, release, spill, or abandonment of any hazardous materials to the fire/EMS department immediately upon the discovery of the same, or as soon thereafter as possible.
(1969 Code, sec. 11-79; Ordinance 1451, sec. 1, adopted 9/27/05)
Notwithstanding any other provision of this article, any individual who constitutes a responsible party shall not be required to pay charges authorized under this article if all of the following conditions are met:
(1) 
The responsible party does not illegally dispose of nor abandon substances deemed as hazardous materials;
(2) 
The individual otherwise responsible or liable for the release of a hazardous material is not involved in the possession, ownership or transportation of the hazardous material as the employee, agent, or servant of any business entity or person;
(3) 
The individual involved in the possession, ownership or transportation of the hazardous material released is so involved solely for private, noncommercial purposes related to the individual’s own residential property, real property or private personal property, and the individual receives or is to receive no compensation for any services involving the hazardous materials; and
(4) 
The hazardous material possessed, owned or being transported by the individual are in forms, quantities and containers ordinarily and lawfully available for sale as consumer products to members of the general public.
(1969 Code, sec. 11-80; Ordinance 1451, sec. 1, adopted 9/27/05)
This article shall not apply to any hazardous materials possessed, owned or transported by the city, the state (including its political subdivisions) or the federal government.
(1969 Code, sec. 11-81; Ordinance 1451, sec. 1, adopted 9/27/05)
(a) 
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the fire/EMS department in the enforcement of any rule or regulation issued pursuant to this article.
(b) 
Convictions for violations of the provisions of this article shall be punishable by fine as provided in section 1-6.
(1969 Code, sec. 11-82; Ordinance 1451, sec. 1, adopted 9/27/05)
(a) 
Annual increase.
The mitigation rates lists below will increase by 1.5% annually or based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments will occur on the anniversary date of this section to keep the fire department's cost recovery program in conformity with increasing operating expenses.
(b) 
Mitigation rates.
The mitigation rates below are average "billing levels," and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.
(1) 
Motor vehicle incidents.
(A) 
Level 1: $506.00. Provide hazardous materials assessment and scene stabilization. This will be the most common "billing level." This occurs almost every time the fire department responds to an accident/incident.
(B) 
Level 2: $576.00. Includes level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident.
(C) 
Level 3 - car fire: $704.00. Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, TIC use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident.
(D) 
Add-on services.
(i) 
Extrication: $1,520.00. Includes heavy rescue tools, ropes, airbags, cribbing, etc. This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed.
(ii) 
Creating a landing zone: $465.00. Includes air care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).
(iii) 
Itemized response. You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used.
(E) 
Additional time on-scene.
(i) 
Engine billed at $466.00 per hour.
(ii) 
Truck billed at $582.00 per hour.
(iii) 
Miscellaneous equipment billed at $341.00.
(2) 
HAZMAT.
(A) 
Level 1: $816.00. Basic response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command.
(B) 
Level 2: $2,913.00. Intermediate response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center.
(C) 
Level 3: $6,875.00. Advanced response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time - each additional hour @ $336.00 per HAZMAT team.
(D) 
Additional time on-scene (for all levels of service).
(i) 
Engine billed at $466.00 per hour.
(ii) 
Truck billed at $582.00 per hour.
(iii) 
Miscellaneous equipment billed at $341.00.
(3) 
Fire investigation.
(A) 
Fire investigation team: $321.00 per hour.
(i) 
Includes:
a. 
Scene safety.
b. 
Investigation.
c. 
Source identification.
d. 
K-9/arson dog unit.
e. 
Identification equipment.
f. 
Mobile detection unit.
g. 
Fire report.
(ii) 
The claim begins when the fire investigator responds to the incident and is billed for logged time only.
(4) 
Fires.
(A) 
Assignment: $466.00 per hour, per engine/$582.00 per hour, per truck.
(B) 
Includes:
(i) 
Scene safety.
(ii) 
Investigation.
(iii) 
Fire/hazard control.
(C) 
This will be the most common "billing level." This occurs almost every time the fire department responds to an incident.
(D) 
Optional: A fire department has the option to bill each fire as an independent event with custom mitigation rates.
(E) 
Itemized, per person, at various pay levels and for itemized products use.
(5) 
Illegal fires.
Assignment: $466.00 per hour, per engine/$582.00 per hour, per truck. When a fire is started by any person or persons that requires a fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response.
(6) 
Water incidents.
(A) 
Level 1.
(i) 
Basic response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level." This occurs almost every time the fire department responds to a water incident.
(ii) 
Billed at $466.00 plus $58.00 per hour, per rescue person.
(B) 
Level 2.
(i) 
Intermediate response: Includes level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident.
(ii) 
Billed at $932.00 plus $58.00 per hour, per rescue person.
(C) 
Level 3.
(i) 
Advanced response: Includes level 1 and level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene.
(ii) 
Billed at $2,334.00 plus $58.00 per hour per rescue person, plus $117.00 per hour per HAZMAT team member.
(D) 
Level 4.
Itemized response: You have the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used.
(7) 
Back country or special rescue.
(A) 
Itemized response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used.
(B) 
Minimum billed $466.00 for the first response vehicle plus $58.00 per rescue person. Additional rates of $466.00 per hour per response vehicle and $58.00 per hour per rescue person.
(8) 
Chief response.
(A) 
This includes the set-up of command and providing direction of the incident. This could include operations, safety, and administration of the incident.
(B) 
Billed at $290.00 per hour.
(C) 
Miscellaneous/additional time on-scene.
(i) 
Engine billed at $466.00 per hour.
(ii) 
Truck billed at $582.00 per hour.
(iii) 
Miscellaneous equipment billed at $341.00.
(9) 
Gas leaks (natural).
(A) 
Level 1 - (natural gas leak outside without fire).
(i) 
Description. Minimal danger to life, property, and the environment, leak typically for mechanical damage to a meter or pipe.
(ii) 
Actions. Evacuate immediate area, notify gas company, evaluate hazards including exposures, environment, vehicular traffic, etc. Conduct fence line monitoring to determine control zones. Remove ignition sources from the area, consider nonintervention strategy, if offensive tactics selected, ensure proper PPE, respiratory protection, thermal protection, and tactics are utilized.
(iii) 
Assignment. $466.00 per hour, per engine/$582.00 per hour, per truck.
(B) 
Level 2 - (natural gas leak outside with fire).
(i) 
Description. Moderate danger to life, property, and the environment, leak typically caused from mechanical damage with nearby operating equipment (car, backhoe, etc.) causing a fire.
(ii) 
Actions. Evacuate immediate area, notify gas company, protect hazards from fire damage, do not extinguish the fire unless directed to do so by the gas company, consider water supply options.
(iii) 
Assignment. $748.00 per hour, per engine/$58.00 per hour, per rescue person.
(C) 
Level 3 - (natural gas leak inside structure).
(i) 
Description. Significant danger to life, property, and the environment, leak is typically difficult to identify and locate.
(ii) 
Actions. Evacuate building and nearby structures, notify gas company, position apparatus away from the structure, attempt to control gas where it enters the building, ventilate the building (using intrinsically safe methods), remove ignition sources from inside but shutting off power on the outside of the structure.
(iii) 
Assignment. $932.00 per hour, per engine/$58.00 per hour, per rescue person.
(10) 
Fire marshal inspection and permitting fees.
(A) 
Fire marshal inspections.
(i) 
Certificate of occupancy: $60.00.
(ii) 
Temporary certificate of occupancy: $60.00.
(iii) 
After-hours inspections (after 5:00 p.m. or on weekend):
a. 
$150.00 per hour for first two hours.
b. 
$50.00 per hour for each additional hour beyond the first two hours.
(B) 
Fire protection systems.
(i) 
1 to 10 devices: $75.00.
(ii) 
11 to 25 devices: $100.00.
(iii) 
26 to 100 devices: $200.00.
(iv) 
101 to 200 devices: $275.00.
(v) 
201 to 500 devices: $500.00.
(vi) 
Per device for each device over 500: $1.00.
(C) 
Fire sprinkler systems.
(i) 
Underground: $150.00.
(ii) 
Aboveground, 1 to 19 heads: $75.00.
(iii) 
Aboveground 20 to 100 heads: $100.00.
(iv) 
Aboveground, 101 to 300 heads: $200.00.
(v) 
Aboveground 301 to 1,000 heads: $400.00.
(vi) 
Per head/or each over 1,000 heads: $1.00.
(vii) 
Fire pump, additional: $150.00.
(D) 
Access control.
(i) 
1 to 10 doors: $75.00.
(ii) 
11 to 25 doors: $100.00.
(iii) 
26 to 100 doors: $200.00.
(iv) 
101 to 200 doors: $275.00.
(v) 
201 to 500 doors: $500.00.
(vi) 
Per device for each device over 500: $1.00.
(E) 
Fire alarm system permits.
(i) 
Residential permit fee: $50.00 annually. This residential fee shall be waived if a burglar alarm permit fee has already been paid.
(ii) 
Nonresidential permit fee: $100.00 annually.
(F) 
False alarm billing fee (residential).
(i) 
The first three (3) false alarm calls within a twelve (12) month period are free of charge.
(ii) 
The fee for the fourth (4th) and fifth (5th) false alarm calls within a twelve (12) month period is $75.00 per call.
(iii) 
The fee for the sixth (6th) and seventh (7th) false alarm calls within a twelve (12) month period is $250.00 per call.
(iv) 
The fee for the eighth (8th) false alarm call and any false alarm call beyond the eighth (8th) within a twelve (12) month period is $500.00 per call.
(G) 
False alarm fee (nonresidential).
(i) 
The first three (3) false alarm calls within a twelve (12) month period are free of charge.
(ii) 
The fee for the fourth (4th) and fifth (5th) false alarm calls within a twelve (12) month period is $150.00 per call.
(iii) 
The fee for the sixth (6th) and seventh (7th) false alarm calls within a twelve (12) month period is $500.00 per call.
(iv) 
The fee for the eighth (8th) false alarm call and any false alarm call beyond the eighth (8th) within a twelve (12) month period is $1,000.00 per call.
(H) 
Fire marshal annual inspection fee.
(i) 
1 to 1,500 sq. ft.: $50.00 annually.
(ii) 
1,501 to 3,000 sq. ft.: $55.00 annually.
(iii) 
3,001 to 5,000 sq. ft.: $60.00 annually.
(iv) 
5,001 to 10,000 sq. ft.: $65.00 annually.
(v) 
10,001 to 25,000 sq. ft.: $70.00 annually.
(vi) 
25,001 to 50,000 sq. ft.: $75.00 annually.
(vii) 
50,001 to 75,000 sq. ft.: $80.00 annually.
(viii) 
75,001 to 100,000 sq. ft.: $100.00 annually.
(ix) 
100,001 to 200,000 sq. ft.: $120.00 annually.
(x) 
200,001 sq. ft. and greater: $280.00 annually.
(I) 
Hazardous materials annual permit (includes flammable/combustible liquids).
(i) 
Powders and solids.
a. 
1,000 lbs. and less: $25.00.
b. 
1,001 to 2,000 lbs.: $37.50.
c. 
2,001 to 5,000 lbs.: $70.00.
d. 
5,001 lbs. and over: $137.50.
(ii) 
Liquids and gels.
a. 
25 gallons or less: $25.00.
b. 
26 to 100 gallons: $37.50.
c. 
101 to 1,000 gallons: $70.00.
d. 
1,001 gallons or more: $137.50.
(J) 
Plan review fees.
(i) 
Plan review: $60.00.
(ii) 
Fire alarm system: $70.00.
(iii) 
Fire sprinkler system: $150.00.
(iv) 
Emergency lighting: $37.50.
(v) 
Special lighting: $30.00.
(vi) 
Liquid storage tanks, hazardous materials: $70.00.
(K) 
Reinspection fee:
$60.00.
(L) 
Special permits.
(i) 
Blasting operation: $65.00 per day.
(ii) 
Pyrotechnic display: $65.00 per day.
(iii) 
Tent permit.
a. 
1 to 30 days: $30.00.
b. 
Each additional 30 days or portion thereof: $30.00.
(M) 
Underground storage tanks installation.
The fees set forth in this subsection are applicable to both temporary and permanent underground storage tanks.
(i) 
0 to 1,000 gallons: $50.00.
(ii) 
More than 1,000 gallons: $100.00.
(N) 
LPG tank installation or removal:
$50.00.
(O) 
Special event fees.
(i) 
Fire marshal permit.
a. 
$125.00 for first day.
b. 
$75.00 per each additional day thereafter.
(ii) 
Fire marshal on premises: $65.00 per hour.
(iii) 
Standby fire personnel, no apparatus: $65.00 per hour (each, three hour minimum).
(iv) 
Standby ambulance, with personnel: $130.00 per hour (three hour minimum).
(v) 
Standby engine or truck, with personnel: $195.00 per hour (three hour minimum).
(P) 
State mandated inspections.
(i) 
Hospitals: $100.00.
(ii) 
Nursing and long-term care homes: $75.00.
(iii) 
Daycare/Mother's Day out: $50.00.
(iv) 
Foster home or adoptive home: $10.00.
(v) 
Home inspection (insurance): $50.00.
(c) 
Mitigation rate notes.
(1) 
The mitigation rates above are average "billing levels," and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.
(2) 
These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc.
(Ordinance 1654, sec. 1, adopted 1/27/15; Ordinance 1822 adopted 9/12/2024)