[HISTORY: Adopted by the Borough Council of the Borough of
Port Vue 3-4-1914 by Ord. No. 162-1914 (Ch. 7, Part 1, of the 1989 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Emergency services — See Ch. 153.
There is hereby authorized and created a volunteer fire department
for the Borough of Port Vue, Allegheny County, Pennsylvania, which
fire department shall consist of such volunteer company or companies
as may be organized and accepted as members of said fire department
by the Council of said Borough.
Such fire company or companies shall organize by electing a
President, secretary and treasurer, who shall have charge of the business
meetings of such company or companies. Each company shall also elect
a captain and two lieutenants, who shall be in command of said company
at, going to or returning from all fires and at all times said company
parades or drills.
The members of the volunteer fire company or companies shall
before their acceptance by said companies, sign the ordinance, and
the constitution, bylaws, rules and regulations of their company and
of the Fire Department of the Borough of Port Vue, and no company
shall be or become a member of said Fire Department until it shall
have organized as herein described, adopted a constitution and bylaws,
presenting the same, together with a list of its members and officers
to the Council of the Borough, and had the same approved thereby.
There is hereby authorized and created an office of Chief of
the Fire Department of the Borough of Port Vue, Allegheny County,
Pennsylvania, which office shall be filled by the election by Council
of a resident and citizen of said Borough, upon the recommendation
of the Fire Committee of said Council; and no person shall be eligible
to said office without first having subscribed to this chapter and
rules and regulations governing the Fire Department of said Borough,
having taken oath to obey, uphold and maintain the Constitution and
laws of the United States and the Commonwealth of Pennsylvania, ordinances,
bylaws and regulations of the Borough of Port Vue and to discharge
the duties of his office faithfully, justly and impartially, and having
filed bond with the Secretary of the Council of said Borough, in such
sum as the Fire Committee of Council may determine; said bond to be
approved by the Council of the Borough of Port Vue.
All property of whatsoever kind or nature which shall come into
the possession, use or disposition of said fire companies shall be
held for and only public use, for the purpose of fighting fire, and
the title thereto shall remain in the Borough of Port Vue and subject
to the control of the Council of said Borough, under the provisions
of this chapter.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412]
All officers and employees of the Police or Street Department
shall during the time of fire, be subject to the orders of the Chief
of the Fire Department of the Borough and any person or persons interfering
with or in any wise injuring or delaying the Fire Department or any
member thereof in the execution of its proper duties in the suppression
of fire, or any member of the Fire Department or employee of the Police
or Street Department refusing to obey the orders of the Chief of the
Fire Department or the officers of any company thereof, at and during
the time of fires within said Borough, may be arrested and upon conviction
thereof, be sentenced to pay a fine of not more than $600, and/or
to imprisonment for a term not to exceed 90 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 412]
The alarm of fire shall be the ringing of such bell or blowing
of such whistle as may from time to time be designated by the Chief
of the Fire Department, in the manner designated and determined upon
by him, and any person who shall willfully or maliciously make or
cause to be made a false alarm of fire or may be arrested and upon
conviction thereof, be sentenced to pay a fine of not more than $600;
and/or to imprisonment for a term not to exceed 90 days. Each day
that a violation of this chapter continues shall constitute a separate
offense.
All supplies or material of any kind or nature, whatsoever which
are to be used by any company or companies of said Fire Department,
shall only be purchased after proposals have been submitted to the
Borough Council of the Borough of Port Vue, and then only upon the
direct authorization by said Council.
During or after any fire or fire within said Borough, the Chief
of the Fire Department shall have power and authority to employ a
watchman or watchmen to guard and care for any burned or damaged premises.
[Added 8-2-2023 by Ord.
No. 2023-660]
A.
Findings and intent.
(1)
Findings. The Council of the Borough of Port Vue (Borough) recognizes
that the duties of the Port Vue Fire Department (Fire Department)
require the use of specialized emergency rescue tools and equipment,
emergency rescue materials, hazardous material abatement equipment,
and hazardous abatement materials and fire-suppression tools and equipment
during its emergency responses. The Borough also recognizes that the
costs of the maintenance and replacement of this equipment, added
to the replacement costs of damaged or expended materials, places
an increasing financial burden on the Fire Department.
(2)
Intent. This section is intended to grant the Fire Department the
authority to seek recovery of all reasonable costs of responding to
such emergency incidents, as allowed by applicable law.
B.
Recovery of costs.
(1)
The Borough of Port Vue Fire Department is hereby authorized to recover
reasonable costs for the use of emergency rescue tools, equipment
and materials; hazardous material abatement tools and equipment, hazardous
abatement materials, fire-suppression tools and equipment; and personnel
hours involving any hazardous material, environmental, fire safety,
and/or rescue incident or operation, including vehicular accidents
and fires.
(2)
A rate schedule of reasonable costs (§ 27-10C) is hereby adopted for the aforementioned tools, equipment, materials and hourly rates for personnel. The rate schedule adopted herein may be amended based on the recommendation of the Fire Department and updated from time to time by resolution of Borough Council, and shall only be applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rate schedule. A copy of the current rate schedule shall be on file for review at the Borough Office.
C.
Rate schedule.
(1)
Apparatus.
|
Type of Apparatus
|
Fee
|
|---|---|
|
Engine
|
$350 per hour
|
|
Aerial/ladder
|
$400 per hour
|
|
Rescue
|
$300 per hour
|
|
Squad/utility/support
|
$150 per hour
|
(2)
Equipment/service.
|
Type of Equipment/Service
|
Fee
|
|---|---|
|
SCBA
|
$50 each
|
|
Hose (per 50 feet)
|
$25
|
|
Gas/CO detector
|
$50 per use
|
|
Extinguisher (any class)
|
$50 per use
|
|
Personnel hours
|
$30 per hour per member
|
|
Hand tools
|
$15 each
|
|
Hydraulic rescue tools
|
$200 each
|
|
Scene lighting
|
$75 per hour
|
|
Oil-absorbent sheets
|
$10 each
|
|
Portable pumps
|
$30 per hour
|
|
Power tools
|
$50 each
|
|
Road closing/traffic control
|
$100 per hour
|
|
Salvage covers
|
$35 each
|
|
Debris cleanup/removal
|
$250
|
|
Flares
|
$8 each
|
|
Ventilation fans
|
$50 each
|
|
IR camera
|
$100 each
|
|
Foam
|
$60 per gallon
|
|
Cribbing
| |
|
Passenger
|
$100 each
|
|
Class B
|
$200 each
|
|
Trucks: Class A
|
$500 each
|
|
Stabilization struts
|
$50 per use
|
|
Latex gloves
|
$2 per pair
|
|
Ladders
|
$35 per use
|
|
Medical extrication (w/hydraulics)
|
$1,500 per patient
|
|
Generator
|
$50 per hour
|
|
Hand lights
|
$5 per use
|
|
Fire line tape
|
$0.25 per foot
|
(3)
The reasonable costs outlined above may be recovered from any identified
insurance carrier or person or persons, directly by the Fire Department
or by the Borough on behalf of the Fire Department, or by an attorney,
or through a third-party billing service acting as a contracted authorized
agent for the collection of such costs. In addition to the reasonable
costs as set forth in the above-mentioned rate schedule, the Fire
Department or the Borough, attorney, or the third-party billing service
shall hereby be authorized to collect, in addition to the reasonable
costs, reasonable interest, legal, administrative and any other collection
fees associated with collecting the said costs and fees.
(4)
In the event that any insurance carrier or person or persons should
fail to pay any bill or invoice within 30 days of the mailing or delivery
of such notice of charges, the Fire Department or the Borough, attorney
or the third-party billing agency who mailed or delivered the bill
or invoice may enforce the provisions of this section by turning over
to a third-party collection agency or, if deemed appropriate, may
be enforced by filing a civil action at law in a court of competent
jurisdiction for the collection of any amounts due to the Fire Department
or by the Borough on behalf of the Fire Department, together with
statutory interest, court costs, collection fees and associated reasonable
attorneys' fees.
D.
Requirements to pay for reasonable costs.
(1)
The Borough authorizes the Fire Department to utilize such tools,
equipment or materials and provide the firefighting, ambulance or
other emergency rescue services as authorized by law or the Borough,
for purposes of saving lives and property within the Borough or any
other area in which the Fire Department is authorized by the Borough
to provide same.
(2)
The Fire Department is authorized to effect the recovery of the costs
of their respective services, tools, equipment and/or materials from
any person for whom or for whose property such services were rendered
or such tools, equipment or material were used and from any insurance
carrier or person providing insurance covering such persons or property.
(3)
The Fire Department may charge and invoice:
(a)
Any insurance carrier or other person providing insurance covering
any person, vehicle, structure, business (profit or nonprofit) or
other property; or
(b)
Any person for whom or for whose property the Fire Department
performed services or utilized tools, equipment or materials, for
the costs of such services rendered unto or tools, equipment or materials
used for such persons or their property.
(4)
Any insurance carrier or person shall be liable for the reimbursement
of reasonable costs incurred by the Borough, as outlined in this section,
unless that person has paid to the Borough a tax which funds, at least
in part, the services which the Fire Department provides. Individuals
who intentionally set fires and motor vehicle accidents in which the
fault drivers are found to be driving under the influence will not
be omitted by the above. In the event that any insurance carrier or
person fails to pay any invoice within 30 days of the mailing or delivery
of such invoice or notice of charges, the Fire Department may recover
and collect such charges and invoices from the insurance carrier or
person to whom such invoice or notice of charges was given, together
with interest, costs and attorney's fees, in any manner provided
by law, including, without limitation, a civil action at law.
(5)
The Fire Department or the Borough shall not be obligated to pursue
collection efforts against any insurance company or person in the
event that the Fire Department or the Borough reasonably determines
that collection efforts will not be successful or that the costs of
collections will exceed the amount due hereunder. The remedies provided
herein for the enforcement of this section and all other remedies
provided by law shall not be deemed mutually exclusive, rather, they
may be employed simultaneously or consecutively, at the option of
the Borough, or the Fire Department.
E.
Emergency services not to be refused for lack of insurance or ability
to pay. Nothing in this section shall authorize the Fire Department
or any staff member or Fire Department personnel to refuse or delay
any rescue service to any person, firm, organization or corporation,
due to the lack of insurance coverage or ability to pay for said rescue
services.
F.
Severability. The provisions of this section are severable. If any
part of this section is declared to be unconstitutional, illegal or
invalid, the validity of the remaining provisions shall be unaffected
thereby. It is the intention of the Council of the Borough that this
section would have been adopted had such unconstitutional, illegal
or invalid part not been included.
G.
Repealer. All ordinances, or parts of ordinances inconsistent herewith,
be and the same are hereby repealed. All ordinances not specifically
amended hereby remain in full force and effect. Where this section,
or any part of this section conflicts with an existing, or part of
an existing ordinance, the instant Ordinance shall control.
H.
When effective. This section shall be effective immediately upon
its adoption.
