Borough of Boyertown, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 7-7-2014 by Ord. No. 02-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 100.
Attachment 1 - Appendix A Schedule of Charges

§ 10-1 Purpose.

The purpose of this chapter is to establish and recognize Boyertown Area Fire and Rescue, Inc. ("Boyertown Area Fire and Rescue Fire Department," or "Fire Department") as an official fire organization of the Borough; to provide for governance of the Fire Department; to set forth rules, regulations and authorized activities of the Fire Department, its members and employees; and to recognize the Boyertown Area Fire and Rescue Relief Association.

§ 10-2 Recognition.

Boyertown Area Fire and Rescue Fire Department is hereby recognized as the official volunteer fire department of the Borough of Boyertown.

§ 10-3 Governance.

The Fire Department shall be governed pursuant to its adopted bylaws, a copy of which is incorporated herein by reference; the bylaws may be amended from time to time by the Fire Department Board of Directors without the consent or approval of Borough Council.

§ 10-4 Authorized activities.

The Fire Department is hereby authorized to provide:
A. 
Such services to the Borough as may be necessary for the protection of property and persons situate therein, which include but are not limited to: extinguishment and prevention of personal injury and death from fire, protection of property from damage or destruction by fire, response to motor vehicle crashes, medical emergencies, hazardous materials incidents and other dangerous situations.
B. 
Nonemergency and public service functions, including, but not limited to, water removal from properties after storms and assistance in the removal, abatement and/or prevention of damage or injury to persons or property, whether due to natural causes or man-made situations.
C. 
To conduct and participate in such training activities or drills, either within the Borough or outside of the Borough, as may be deemed necessary by the Fire Department to maintain proficiency in providing service.
D. 
Any other activities or services as permitted by the bylaws and local, state and federal law.

§ 10-5 Authorized activities of members.

Members of the Fire Department are authorized to do the following in addition to actually participating in the activities of the Fire Department as authorized above, or in going to or returning from any activity:
A. 
Engage in any type of drill, training, ceremony, practice, test or parade when duly called for by the Fire Department.
B. 
Engage in the performance of any other duty or lawful activity authorized by the Fire Department.
C. 
Any other activities or services as permitted by the bylaws and local, state and federal law.

§ 10-6 Recognition of relief association.

The Boyertown Area Fire and Rescue Relief Association is hereby recognized as the relief association for the Boyertown Area Fire and Rescue Fire Department. The Boyertown Area Fire and Rescue Relief Association is designated as the proper association to receive the appropriate portion of the relief funds distributed by the Commonwealth of Pennsylvania.

§ 10-7 through § 10-10. (Reserved)

[Added 5-1-2017 by Ord. No. 02-2017]

§ 10-11 Title.

This article shall be known as the "Borough of Boyertown Emergency Services Cost Reimbursement Ordinance."

§ 10-12 Definitions.

The following terms shall have the meanings set forth herein:
BOROUGH
The Borough of Boyertown, Berks County, Pennsylvania.
COUNCIL
The Council for the Borough of Boyertown, Berks County, Pennsylvania.
FIRE DEPARTMENT
Boyertown Area Fire and Rescue, Inc., duly organized, acknowledged by and existing in the Borough of Boyertown to provide emergency services in the Borough.
INSURER OR INSURANCE COMPANY
Every insurance company, association or exchange, incorporated or organized by or under the laws of this commonwealth, the United States, territories, dependencies, other states, or foreign governments, and engaged in transacting insurance business of any kind or classification, except title insurance companies.
PERSON
An individual, organization, corporation, partnership, government or government agency, department or political subdivision, business, trust, estate, association and any other legal or commercial entity.

§ 10-13 Authorization to recover costs and expenses.

The Borough hereby authorizes the Fire Department to recover the costs of the following, including, but not limited to, fire-fighting materials used and expended, the use of fire trucks, fire engines, rescue equipment and tankers, emergency medical supplies, and hazardous situation abatement materials used and expended in connection with any fire, safety rescue incident or operation, medical emergency, or hazardous situation abatement incident, including vehicular accidents, fires and/or medical emergencies occurring within the Borough or any other area in which the Fire Department is authorized by the Borough to provide such emergency services.

§ 10-14 Schedule of Charges.

The Fire Department fees, costs and expenses (collectively charges) permitted to be recovered shall be as set forth on the schedule attached hereto as Appendix A.[1] The Schedule of Charges may be amended by resolution of Council from time to time. The charges shall at all times be that which is usual, customary and reasonable in the County of Berks.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.

§ 10-15 Utilization of fees.

All amounts collected by the Fire Department pursuant to this article shall be placed into a fund established by the Fire Department. The funds shall be utilized exclusively for supplies and equipment of the Fire Department utilized in providing emergency services in the Borough or any other area in which the Fire Department is authorized by the Borough to provide such emergency services.

§ 10-16 Insurer's responsibility for charges.

Any insurer or insurance company who insures a person or persons who receive(s) fire-fighting, rescue, medical or other emergency service, or any combination of those services, shall be liable for the charges incurred by the Fire Department in providing said services to the insurance company's insured.

§ 10-17 Collection of charges; interest and other fees.

The charges shall be recovered directly by the Fire Department by direct billing or by an attorney, collection service or other agency contracted with and by the Fire Department for the collection of such sums. In addition to the charges, the Fire Department shall also be authorized to collect reasonable interest and administration expenses involved in collecting said charges.

§ 10-18 Accounting of charges.

At the request of the Council for the Borough, the Fire Department shall provide the Borough an accounting of the charges, including but not limited to the charges charged and collected, the costs of collection of the charges billed, the fund into which the charges were deposited and expenditures from the fund. The Borough shall have the right to audit the accounting provided by the Fire Department or require the Fire Department to obtain an audit of the charges and fund and provide the Borough with a copy of the audit.

§ 10-19 Borough not responsible for collection.

The Borough shall not be responsible for any aspect of the recovery of charges under this article. The Borough shall not take any steps to assist the Fire Department or any third-party billing service in recovery of costs under this article.