[HISTORY: Adopted by the Township Committee
of the Township of Pittsgrove 8-23-2023 by Ord. No. 2023-8. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Township of Pittsgrove Fire Departments, namely, Centerton
Fire Company - Station 23, Norma-Alliance Fire and Rescue - Station
24, and Willow Grove Fire Company - Station 22
A natural person or persons, partnership, corporation, association,
firm or other legal entity.
The person having received emergency services provided by
the Fire Department.
The purpose of this chapter is to provide authority, procedures
and requirements to seek collection and reimbursement for the reasonable
costs of responding to such incidents by the Fire Department for fire
service calls, including, but not limited to, hazardous material incidents,
environmental incidents, and safety and rescue incidents coordinated
via Salem County Dispatch and 911 responses, and those that use hazardous
material abatement equipment and materials are also eligible for reimbursement.
The Township Committee of the Township of Pittsgrove authorizes
the Fire Department and/or Township of Pittsgrove to recover the real
and reasonable costs incurred for firefighting materials, personnel,
or equipment used and expended; the costs of the use of fire trucks,
fire engines, rescue equipment, tankers and other vehicles; the costs
of hazardous situation abatement materials involved in any fire, safety
and rescue incident or operation, and hazardous abatement incident,
including vehicular accidents and fires. The cost of materials to
be reimbursed as provided by this chapter shall include, without limitation,
firefighting foam, chemical extinguishing agents, absorbent materials,
sand recovery drums, and specialized protective equipment, including
acid suits, acid gloves, goggles and protective clothing, and any
other such materials or substances. The cost of the materials shall
be in accordance with the FEMA rate schedules.
A.
The Township of Pittsgrove recognizes the Fire Department's
need to seek reimbursement for fire, rescue and hazmat services to
aid in the provision of emergency services.
B.
No person requiring emergency services shall be denied services due
to lack of insurance or ability to pay.
C.
Any applicable charges for emergency services rendered shall be billed
directly to the user of such services or the user's insurance
company.
D.
The Township of Pittsgrove and/or the Fire Department 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 the installment payment
of bills.
E.
The Fire Department shall provide a financial reporting to the Township
of Pittsgrove's Chief Financial Officer on a semiannual basis
of:
(1)
The opening balance of funds on hand.
(2)
Amount of billings issued by the third-party biller.
(3)
Amount of collections in satisfaction of billings issued.
(4)
A detailed listing of any amounts disbursed, including the vendor
and purpose of disbursement.
(5)
The ending balance of funds on hand.
A.
The Township of Pittsgrove and/or the Fire Department is hereby authorized
to enter into a contract with a third-party billing agency and/or
collection agency for the performance of emergency, rescue and hazmat
services billing and/or collection services, if necessary, provided
that the following standards for third-party billing are met:
(1)
The third-party billing service is to be provided at an amount consistent
with the fair market value for the services rendered, as negotiated
between the parties.
(2)
The billing agency is bonded and/or insured in amounts satisfactory
to the Township of Pittsgrove.
(3)
The Fire Department shall solicit competitive proposals for the provision
of third-party billing services at least once every three years to
ensure these services are provided at the lowest competitive cost.
All documentation of this process shall be provided to the Township
of Pittsgrove for review.
B.
The Township of Pittsgrove and/or the Fire Department may, at its
discretion, bill additionally for materials, vehicle costs and/or
associated materials and personnel used in the case of any major,
extraordinary or unique incidents, including, but not limited to,
hazardous material spills and fire emergency and rescue incidents
that destroy or severely damage emergency services equipment.
C.
User fees.
(1)
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 and are responded to by the Fire Department.
(2)
Every person and/or utility that is provided with emergency, rescue
and hazmat services shall be billed a user fee in accordance with
this chapter.
(3)
The user fee for 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 chapter shall be
used exclusively for the replacement or maintenance of Fire Department
emergency services materials, equipment and training.
(5)
The Township of Pittsgrove 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 and use of user
fees pursuant to this chapter.
D.
Uncollectible accounts.
(1)
The user fee is anticipated to be paid by the user's insurance
company. In the instance where the Township of Pittsgrove and/or the
Fire Department receives notification from the insurance carrier that
it will not honor the invoice, the Township of Pittsgrove and/or Fire
Department 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 of Pittsgrove and/or Fire Department may, at its discretion,
write off the uncollected fee amounts as a bad debt, without prejudice
to the responsible party.
(3)
Should the Township of Pittsgrove and/or Fire Department 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 of Pittsgrove and/or Fire Department are authorized to pursue
all legal means and appropriate action in order to collect the account.
Nothing in this chapter 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 chapter.
