This chapter shall be known and referred to as the "Hanover Borough Emergency Services Cost Reimbursement Ordinance."
[HISTORY: Adopted by the Borough of Hanover 4-22-2026 by Ord. No. 2387.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Chapter 203 but was renumbered to maintain the organization of the Code.
This chapter is adopted pursuant to the provisions of the Pennsylvania Borough Code, 8 Pa.C.S.A. § 101 et seq., as amended (the Code), and specifically 8 Pa.C.S.A. § 1202(56), which authorizes the Borough Council to "ensure that fire and emergency medical services are provided within the Borough by the means and to the extent determined by the Borough, including the appropriate financial and administrative assistance for these services."
The Borough Council recognizes that responses to emergencies, including, without limitation, firefighting, hazardous materials incidents, environmental, fire safety, and/or rescue incidents or operations, and/or motor vehicle accidents, require specialized emergency rescue tools, equipment, and materials and hazardous material abatement equipment and materials. The Council further recognizes that such tools and equipment are procured by the Hanover Areas Fire and Rescue Commission (HARFC) at its own costs, which places a financial burden on the HAFRC, and the replacement of such equipment and materials and specialized training places additional financial burdens on the HARFC.
The Council hereby adopts and enacts this chapter for the following purposes:
A.
To ensure the continued viability of the HAFRC to protect and promote the public health, safety and welfare by authorizing the HAFRC to seek reimbursement of the reasonable costs of responding to fire and other emergencies, hazardous materials incidents, and/or motor vehicle accidents; and
B.
To provide a mechanism for reimbursement by the HARFC who is experiencing ever-increasing financial burdens and costs, which costs have an adverse impact on the provision of emergency services in the Borough.
As used in this chapter, the following terms are hereby given the meanings set forth below:
Hanover Borough, York County, Pennsylvania.
The Hanover Area Fire and Rescue Commission (HAFRC) or any ambulance and/or fire and rescue company duly organized, acknowledged and existing in and/or serving Hanover Borough, 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.
A.
The Borough hereby authorizes the Emergency Service Provider to recover the reasonable costs associated with responding to fires, emergencies, calls for service, environmental, fire safety, and/or rescue incidents or operations, and/or motor vehicle accidents (collectively, the "incident") occurring within the Borough or any other area in which the Emergency Service Provider is authorized by the Borough to provide such services, which costs 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 involving a hazardous materials incident or motor vehicle accident.
B.
Such reasonable cost reimbursement claims shall be filed as an additional claim for damages to vehicles, property, or injuries with the motor vehicle insurance carrier, homeowner's insurance carrier, or other applicable insurance carrier, as the case may be, of the Person or Persons:
C.
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 (the "authorized agent") for collection of such costs.
E.
The reasonable costs reimbursement rates for the tools, equipment and materials shall be set by the Emergency Service Provider from time to time and may be charged for services provided after the effective date of this chapter, as approved by resolution of the Borough from time to time and kept on file in the Borough office.
F.
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 Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq., as amended, or otherwise authorized by statute or law.
All amounts collected by the HAFRC pursuant to this chapter shall be placed into a fund established by the HARFC. The funds shall be utilized exclusively for supplies and equipment of the HARFC utilized in providing emergency services in the Borough or any other area in which the HARFC is authorized by the Borough to provide such emergency services.
At the request of Borough Council, the HARFC shall provide the Borough an accounting of the reasonable costs reimbursement charged and collected, the costs of collection of the reasonable costs reimbursement billed, the fund into which the funds were deposited and expenditures from the fund. The Borough shall have the right to audit the accounting provided by the HARFC or require the HARFC to obtain an audit of the foregoing and provide the Borough with a copy of the audit.
In the event that any insurance carrier 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 chapter 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.
Nothing in this chapter shall authorize any Emergency Service Provider to refuse or delay any rescue service to any Person due to lack of insurance coverage.
It is the intent of the Borough that the Emergency Service Provider or its authorized agent shall bear the responsibility to recover its reasonable costs from the applicable insurance company/carrier.