[HISTORY: Adopted by the Town of Casco as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting 1-18-2022 by Art. 2]
The purpose of this article is to ensure the correct selection,
placement, and maintenance of Fire Department access equipment.
A.
An application is to be submitted to the Town of Casco to be kept
on file with other property records. An application fee per Knox-Box®, per location, in an amount set by order or as
approved by the Casco Selectboard on the recommendation of the Fire
Chief.
B.
Unhinged Knox-Boxes® (lift-off doors)
are not authorized.
C.
Commercial buildings and residential buildings without a master key
system for all units should utilize 4400 Series Knox-Boxes® with single lock at the principal entrance used
by the Fire Department, as authorized by the Fire Chief and/or current
Town code. Accessory boxes for sprinkler access only shall be permitted
to be the 3200 Series hinged Knox-Box®. Residential buildings with a master key system throughout shall
be permitted to use the 3200 Series hinged Knox-Box®.
D.
The base of the Knox-Box® shall be
mounted no less than five feet from the walking surface (ground) immediately
adjacent to the primary door/entryway.
Knox-Boxes® in existence prior
to this article's effective date are exempted.
Manual gates can utilize Knox Padlocks or a 3200 Series for
access. Electric gates shall utilize Knox Key Switch part number 3501;
or where authorized by the Casco a gate access card system may be
approved.
Installation, maintenance, and repair of Fire Department access
equipment is the responsibility of the owner. Any changes to the building
such as key lock changes or emergency contact information are also
the responsibility of the owner. The owner is also responsible to
notify the Casco Fire Department when contents are updated. Failure
to comply may result in property damage if access by the Casco Fire
Department is required.
Each Knox-Box® shall contain
an emergency contact card and two sets of the following keys:
[Adopted by Town Meeting 1-18-2022 by Art. 3]
The purpose of this article is to establish a fair and equitable
procedure to recover the cost for the deployment of emergency and
nonemergency services by the Casco Fire Rescue Department provided
to, and rendered for, the Town of Casco.
This article is adopted pursuant to and consistent with the
Municipal Home Rule Powers as provided for in Article VIII, Part 2,
Section 1, of the Constitution of the State of Maine, and Title 30-A
M.R.S.A. § 3001.
A.
The provisions of this article shall govern all emergency and nonemergency
incident scenes to which the Casco Fire Rescue Department is dispatched
or requested by the Cumberland County Regional Communication Center,
written mutual aid agreement, or any state or local agency to control
or confine hazardous materials; extinguish fire; respond to motor
vehicle/traffic incident; or provide overall scene safety.
B.
This article shall be applicable to all individuals or entities who
receive emergency or nonemergency services provided by the Casco Fire
Rescue Department, as specified in this article.
A.
Parties to any incident to which this article is applicable (i.e.,
"responsible party") shall provide the Casco Fire Chief and/or Incident
Commander with sufficient personal and insurance information, including,
but not limited to, policy numbers and contact information for their
underwriters and agents, to enable the Town of Casco to file claims
with the responsible party, the responsible party's insurance
carrier(s), or a third-party agency to recover the costs incurred
during the incident.
B.
In the event the responsible party has no insurance, the Town of
Casco may, bill the responsible party directly.
The Casco Selectboard, with input from the Casco Fire Rescue
Department, shall establish mitigation rates for the delivery of emergency
and nonemergency services by the Casco Fire Rescue Department for
personnel, supplies and equipment to the scene of emergency and nonemergency
incidents, as listed in the fee schedule. The mitigation rates shall
be based on actual costs of the services and that which is usual,
customary, and reasonable, which may include any services, personnel,
supplies, and equipment.
A.
The mitigation rates shall 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 article in order to keep the Casco Fire Rescue Department's
cost recovery program in conformity with increasing operating expenses;
or
B.
The Town of Casco Selectboard members will review and adopt fee schedules
mentioned below yearly and authorize the designated third party to
perform billing for the Town of Casco.
A.
Following conclusion of an emergency or nonemergency response incident
meeting the requirements of this article, the Casco Fire Chief, or
his/her designee shall prepare a detailed listing of all known expenses.
B.
The Casco Fire Chief shall determine the total assessable costs and
shall in consultation with other Town personnel and entities involved
in responding to the incident determine whether to assess any, all,
or part of such costs against any of the Responsible Parties. In making
such determination, the following shall be considered:
(1)
The total assessable costs;
(2)
The risk the public safety or fire emergency incident imposed on
the Town, its residents and their property;
(3)
Whether there was any injury or damage to person or property;
(4)
The extent the public safety or fire emergency incident required
an unusual or extraordinary use of Town personnel or equipment; and
(5)
Whether there was any damage to the environment.
C.
After consideration of the factors in Subsection B immediately above, the Casco Fire Chief may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party has other legal liability therefore or is legally at fault.
D.
If the Casco Fire Chief determines not to assess all or part of assessable
costs against a responsible party, such determination shall not in
any way limit or extinguish the liability of the responsible party
to the other parties.
E.
The Casco Fire Chief, or a designated third-party billing agent,
shall prepare and send an invoice to the responsible party or the
responsible party's insurance carrier for their proportionate
share of the assessable costs. Such invoice shall be due and payable
within 30 days of the date of the mailing.
All monies collected from above billing, less costs of collection,
shall be deposited to a designated "Fire Capital Apparatus" account
and used consistent with the terms of said capital account.
Any failure by the responsible party to pay the invoice within the time period provided in § 49-14E shall be considered in default. In case of default, the Town Selectboard may authorize commencement of a civil lawsuit to recover such costs, plus any additional costs, or expenses for attorney fees and court costs, as allowed by law.
Any person and/or business who receive emergency medical or
Fire Department services requested by such person or on behalf of
such person by any other person acting in good faith and in the interest
of the health or safety of such service shall pay to the Town of Casco
a fee for services in accordance with this article.
A.
Response to fire permit violations;
B.
Response to a hazardous materials incident;
C.
Response to a vehicle crash and/or vehicle fire;
D.
Response to an aircraft crash and/or aircraft fire;
E.
Response to false fire and/or sprinkler alarms;
F.
Response to a water related emergencies;
G.
Standby for utility lines in the roadway;
H.
Building or structural fires;
I.
Any other incident as determined by the Fire Chief.
Residents of the Town of Casco will not be directly billed by
the Town. A resident's insurance carrier will be billed following
the prescribed fee schedule outlined above.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Nonresidents of the Town of Casco may be directly billed by
the third-party billing agent on behalf of the Town for any balances
not covered by their insurance carrier. The prescribed fee schedule
outlined above will be used in determining cost.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Fire Department services shall not be denied to or withheld
from any entity because of lack of insurance or refusal of payment.
The Town Manager with assistance from the Fire Chief shall be
responsible for presenting recommendations of a fee schedule to the
Town Selectboard. Such fee schedule is to be amended from time to
time by majority vote of the Casco Selectboard.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
This article shall not in any way impair or remove the necessity
of compliance with any other applicable rule, ordinance, regulation,
bylaw, permit, or provision of law. Where this article imposes a greater
restriction upon the use of the Casco Fire Rescue Department's
services, the provision of this article shall control.
Sections of this article shall be deemed severable. In the event
any section, clause, or provision of this article is declared invalid,
the same shall not affect the validity of this article as a whole
or any part thereof other than the part so declared to be invalid.
