This Ordinance shall be known and may be cited as "The Springettsbury Township Emergency Service Provider Cost Reimbursement Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-26-2025 by Ord. No. 2025-08]
This Ordinance is adopted pursuant to the provisions of the Second Class Township Code, 53 P.S. § 65101 et. seq., as amended (the "code") and, in particular, Section 1803(b) of the code, 53 P.S. § 66803(b), which authorizes the Township to make rules and regulations for the government of fire companies located within the Township.
The Board recognizes that responses to hazardous materials incidents and motor vehicle accidents require specialized emergency rescue tools, equipment, and materials and hazardous material abatement equipment and materials. The Board further recognizes that such tools and equipment place a financial burden on emergency services providers, and the replacement of such equipment and materials and specialized training places additional financial burden on such emergency services providers.
The Board hereby adopts and enacts this Ordinance for the following purposes:
A.
To ensure the continued viability of emergency service providers to protect and promote the public health, safety and welfare, by authorizing emergency service providers to seek reimbursement of the reasonable costs of responding to hazardous materials incidents and/or motor vehicle accidents.
B.
To permit financial assistance to emergency service providers who are experiencing ever-increasing financial burdens and costs, which costs have an adverse impact on the provision of emergency services in the Township.
As used in this Ordinance, the following terms are hereby given the meanings set forth below:
Any fire department, ambulance and/or fire and rescue company duly organized, acknowledged and existing in and/or serving Springettsbury Township, York County, Pennsylvania.
Any individual, partnership, company, association, society, trust, corporation, utility company or other legal or commercial group or entity, whether public or private.
Springettsbury Township, York County, Pennsylvania.
A.
The Township hereby authorizes emergency service providers to recover the reasonable costs associated with responding to accidents, fires and other emergencies, including but not limited to structure fires, motor vehicle fires, transportation fires, field and debris fires, hazardous materials incidents, and/or motor vehicle accidents, which may include, but not be limited to the cost of emergency rescue tools, equipment and materials; hazardous materials abatement tools, equipment and materials and personnel hours involved in the accident, fire or emergency. Such reimbursement for damages to vehicles, property, or injuries, shall be filed against the person or persons owning, possessing, or operating a vehicle, structure, or property involved in a fire, hazardous materials incident and/or motor vehicle accident, and/or against any other person responsible for the reimbursement.
B.
The reasonable costs incurred by the emergency service provider shall be recovered directly by the emergency service provider, attorney, collection agency or third-party billing service ("authorized agent") for collection of such costs.
C.
The emergency service provider or authorized agent shall have the authority hereunder to recover the aforementioned costs from the applicable insurance company/carrier or from the person or persons owning or operating the vehicle involved in the response.
D.
The reimbursement rates for the aforementioned tools, equipment and materials shall be set by the emergency service provider from time to time from and which may be charged for services provided after the effective date of this Ordinance.
E.
In addition to the reimbursement of reasonable costs, the emergency service provider or authorized agent shall be authorized to collect reasonable interest and administrative expenses for collection of the reasonable costs, as well as any additional fees as may be authorized by the Hazardous Material and Emergency Planning and Response Act, as amended,[1] otherwise authorized by statute or law.
F.
Supervisors will be authorized to adopt a PA Fire Recovery Service Complete Billing Schedule.
In the event that any insurance carrier or the person who owned or operated the vehicle involved in the response fails to pay any bill or invoice within 30 days of the mailing of such notice of charges, the emergency service provider directly, or any authorized agent, who mailed the bill or invoice, may enforce the provisions of this Ordinance by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the emergency service provider, together with any statutory interest, court costs, collection and/or administration fees, and reasonable attorneys' fees. The remedies provided herein shall be in addition to any other relief, remedies, or penalties that may be appropriate and provided by law.
Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole, or any other parts thereof.
All other ordinances or resolutions, or sections thereof, that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
The provisions of this Ordinance shall become effective five days after the date of adoption by the Board of Supervisors.