[HISTORY: Adopted by the Board of Supervisors
of the Township of West Hanover as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-1-2007 by Ord. No. 2007-19[1]]
[1]
Editor's Note: This ordinance was adopted
as Ch. 77 but was renumbered to maintain the alphabetical organization
of the Code.
[Amended 9-8-2009 by Ord. No. 2009-17]
The purpose of this article is to provide the
authority, procedures and requirements to seek collection and reimbursement
for the reasonable costs of responding to emergency incidents, either
directly or in coordination with the Dauphin County Emergency Management
Agency (EMA), the Township Emergency Management Coordinator EMC, West
Hanover Township Fire Company and/or any recognized fire company serving
West Hanover Township. Fire service calls, false alarms, nuisance
alarms, hazardous material incidents, environmental incidents, and
safety and rescue incidents coordinated via Dauphin County EMA and
911 responses, and those that use hazardous material abatement equipment
and materials, are also eligible for reimbursement.
[Amended 9-8-2009 by Ord. No. 2009-17]
The West Hanover Township Board of Supervisors by and through its authority and relationship with the West Hanover Township Fire Company and/or any recognized fire company as per Chapter 19, § 19-3, of the Township Code of Ordinances hereby authorizes the recovery of real and reasonable costs incurred by the volunteer emergency services organization involving any hazardous material incident, environmental incident or safety and rescue incident or operation, including, but not limited to, vehicular accidents and fires, that occur in West Hanover Township.
[Added 9-8-2009 by Ord. No. 2009-17[1]]
A.
False and/or
nuisance alarms are deemed to be a waste of time, manpower, and equipment
and create the potential for serious injury to Fire Company personnel
and other responding emergency personnel. "False alarm" means the
activation of any alarm system which results in a response by the
Fire Company and which is caused by the negligence or intentional
misuse of the alarm system by the owner, its employees, agents or
any other activation of an alarm system not caused by heat, smoke
or fire, exclusive of a nuisance alarm. "Nuisance alarm" means the
activation of any alarm system which results in a response by the
Fire Company, caused by mechanical failure, malfunction, improper
installation, lack of proper maintenance or any other response for
which the Fire Company is unable to determine the apparent cause of
the alarm activation. Alarm activations caused by earthquakes, severe
weather, or power outages are not considered false or nuisance alarms.
B.
No fee shall
be assessed for the first three false alarms or nuisance alarms at
the same premises responded to by the Fire Company during any 12 consecutive
months. Thereafter, the owner shall pay the following fees for false
alarms or nuisance alarms responded to by the Fire Company at the
same premises during any 12 consecutive months:
|
Number of False/Nuisance Alarms
|
Service Fee per False/Nuisance Alarm
| |
|---|---|---|
|
First to third
|
$0
| |
|
Fourth
|
$100
| |
|
Fifth
|
$200
| |
|
Sixth and above
|
Doubles each time
|
A.
West Hanover Township recognizes the need to bill
for volunteer fire, rescue and hazmat services conducted within the
Township to aid in the provision of emergency services.
B.
No person, firm, corporation requiring emergency services
shall be denied services due to lack of insurance or ability to pay.
C.
Any applicable charges for volunteer emergency services
rendered shall be billed directly to the user of such services or
user's insurance company.
D.
West Hanover Township, West Hanover Township Fire
Company No. 1 and/or any recognized fire company may, either directly
or through any third-party billing agency with which it has contracted
for billing and/or collections for volunteer fire, rescue and hazmat
services, make arrangements with users of such services and/or their
financially responsible party for installment payments of bills.
A.
The West Hanover Township Board of Supervisors, West
Hanover Township Fire Company No. 1 and/or any recognized fire company
is hereby authorized to enter into a contract with a third-party billing
agency and/or collection agency for performance of emergency, rescue
and hazmat services billing and/or collection services, provided that
the following standards for third-party billing contracts are met:
(1)
The third-party billing service is to be provided
at a rate not to exceed 20% of fees collected or at an amount consistent
with the fair-market value for services rendered.
(2)
Neither the billing agency nor any of its employees
are subject to exclusion from any user fee.
(3)
The billing agency is bonded and/or insured in amounts
satisfactory to West Hanover Township.
B.
The Township, West Hanover Township Fire Company No.
1 and/or any recognized fire company may, in its discretion, bill
additionally for material and vehicle costs in the case of any major,
extraordinary or unique incidents, including, but not limited to,
hazardous materials spills, fire emergency and rescue incidents that
destroy or severely damage emergency services equipment.
C.
User fees.
(1)
Volunteer fire and rescue services shall initiate
user fees for the delivery of emergency services, supplies and equipment
to the scene of any hazardous material incident, environmental incident
or safety and rescue incident or operation, including vehicular accidents
and fires that occur on the roadways in West Hanover Township. The
rate of the user fee shall be that which is usual, customary and reasonable
in accordance with standard practice and industry standards.
(2)
Every person and/or utility that is provided with
volunteer emergency, rescue and hazmat services shall be billed a
user fee in accordance with this article.
(3)
The user fee for volunteer emergency services rendered
shall be billed directly to the user of such services' insurance company.
If the insurance company is not known, the user of services shall
be billed directly, with instructions to forward the bill to his/her
insurance provider.
(4)
Any and all amounts collected as a result of this
article shall be used for the replacement and maintenance of emergency
services materials and equipment.
(5)
West Hanover Township may implement rules and/or regulations
and/or revoke or amend existing rules and/or regulations as may be
deemed necessary for the billing and/or collection of user fees pursuant
to this article.
D.
Uncollectible accounts.
(1)
The user fee is anticipated to be paid by the user's
insurance company. In the instance where the Township receives official
notification from the insurance carrier that it will not honor the
invoice, the Township, West Hanover Township Fire Company No. 1, and/or
any recognized Fire Company is authorized to invoice the Responsible
Party directly and take any legal action necessary to collect the
fee(s), including negotiating a settlement.
(2)
The Township, West Hanover Township Fire Company No.
1 and/or any recognized Fire Company may, at its discretion, write
off the uncollected fee amounts as a bad debt, without prejudice to
the Responsible Party.
(3)
Should the Township, West Hanover Township Fire Company
No. 1, and/or any recognized Fire Company determine that an insurance
carrier has remitted the fee to the Responsible Party involved and
that the party has failed to remit the fee, the Township, West Hanover
Township Fire Company No. 1, and/or any recognized Fire Company are
authorized to pursue all legal means and appropriate action in order
to collect the account.
Nothing in this article shall be construed to
affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause of action acquired or
existing, under any act or ordinance hereby; nor shall any just or
legal right or remedy or any character be lost, impaired or affected
by this article.
This article repeals West Hanover Township Resolution
No. 1999-22, passed on December 20, 1999.
The Secretary of West Hanover Township shall
certify to the adoption of this article and cause the same to be published
as required by law; and this article shall take full force and effect
immediately upon final passage and approval.
