[HISTORY: Adopted by the Council of the Borough of Darby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-2012 by Ord. No. 760, approved 10-17-2012]
This article shall be known as the "Darby Borough Fire Company
Recovery Ordinance."
All "Whereas" clauses set forth above are hereby incorporated
herein as though the same were more fully set forth at length.[1]
[1]
Editor's Note: The "Whereas" clauses included were as follows:
"WHEREAS, Darby Borough Ordinance No. 676 recognizes and designates
Darby Fire Company No. 1 and Darby Fire Company No. 2 as the officially
recognized Fire Companies of the Borough of Darby (collectively referred
to as "Darby Fire Companies"); and
"WHEREAS, the Darby Fire Companies respond to hazardous material
incidents; and
"WHEREAS, said responses, on occasion, involve the use of
hazardous materials abatement equipment, as well as hazardous materials
abatement materials; and
"WHEREAS, the Darby Fire Companies respond to other safety
and rescue incidents, including but not limited to, firefighting and
vehicular accidents; and
"WHEREAS, it is the intention of the Borough Council to recognize
the authority of the Darby Fire Companies to seek collection and reimbursement
for reasonable costs of responding to such incidents from insurance
companies; and
"WHEREAS, the Borough Council finds that individual property
owners may maintain insurance coverage within their own casualty insurance
policies, homeowner's policies and/or other applicable policies that
would provide reimbursement to the Darby Fire Companies for firefighting
and other services rendered to the individual property owners and
businesses in response to emergency service requests."
The Darby Fire Companies are authorized and directed by and
through their officers and authorized representatives, to ascertain
what insurance coverage may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner, or business owner is or may be insured to
reimburse the Darby Fire Companies for any costs and/or expenses incurred
for services, supplies and/or equipment used for or provided to the
property owner or business owner by the Darby Fire Companies.
The Borough of Darby further authorizes the Darby Fire Companies
to recover reasonable costs of firefighting for the firefighting materials
and equipment and hazardous abatement materials involved in any and
all hazardous abatement material incidents as are recoverable under
the Hazardous Material Emergency Planning and Response Act.[1]
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Darby Fire Companies for fire protection or other services provided
by the Darby Fire Companies except in cases of false alarms and/or
fires which are intentionally set by the property owner.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Darby Fire Companies from
insurance proceeds or costs and/or expenses incurred while providing
services pursuant to their duties for the Darby Fire Companies.
The costs and fees as outlined in this article shall be recovered
directly by the Darby Fire Companies by direct billing of the Darby
Fire Companies by an attorney, collection service or agency contracted
by the Darby Fire Companies. In addition to the costs and fees as
outlined in this article, the Darby Fire Companies or any attorney
or collection service or agency contracted by the Darby Fire Companies
shall be authorized to collect any reasonable interest and administration
fees for collecting the costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Darby Fire Companies or any attorney or agency
contracted by the Darby Fire Companies who mailed or delivered the
bill or invoice may enforce the provisions of this article by filing
a civil action at law in a court of competent jurisdiction for the
collection of any amounts due to the Darby Fire Companies together
with statutory interest, court costs, collection fees and reasonable
attorney fees. The remedies provided herein shall be in addition to
any other relief, remedies or penalties that may be appropriate or
provided by law.
