[HISTORY: Adopted by the Borough Council of the Borough of New Britain as indicated in article histories. Amendments noted where applicable.]
Firesafety and emergency equipment inspections — See Ch. 208.
Article I Reimbursement for Costs of Industrial Accidents
[Adopted 6-12-1990 by Ord. No. 239]
As used in this article, the following terms shall have the meanings indicated:
- Any person or persons, corporation, partnership, or other entity engaged in the buying, selling, storing, transferring, transporting, and/or manufacturing of properties, merchandise, chemicals, or other fuels, goods, and who do so for any form of compensation.
- INDUSTRIAL ACCIDENT
- An industrial accident is any incident that occurs from the storage, transportation, use and/or manufacturing of any substance potentially dangerous to the public health and welfare at large that necessitates:
- A. The intervention of the Central Bucks Regional Police Department or any of the emergency agencies or services which may service New Britain Borough, including but not limited to fire companies or rescue squads operating in New Britain Borough or the New Britain Borough Emergency Management Organization.
- B. The need for cleanup and/or abatement measures to be performed by Borough employees, or other matters resulting in expense to the Borough.
- PUBLIC THOROUGHFARE
- Bridges, state highways, Borough streets, any navigable waterways or other roadways or watercourses owned by a governmental unit, or other privately owned street, parking lot or accessway to which the public has access.
The business on whose premises an industrial accident occurs shall bear all costs which occur as a direct or consequential result of such industrial accident. In the event an industrial accident occurs during transportation on a public thoroughfare, or in delivery to an entity other than a business as defined in § 234-1 hereinabove, the entity who owns, or has custody and/or control of the vehicle, or substance involved, in the industrial accident shall bear all costs that occur as a direct or consequential result of such accident. Nothing contained herein shall prevent such business or entity from recovering any costs from a third party whose negligence may have caused such industrial accident.
In the event that any person undertakes, either voluntarily or upon order of the New Britain Borough Emergency Management Organization or other Borough official to clean up or abate the effects of any industrial accident, the New Britain Borough Emergency Management Organization may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The business or entity described in Subsection A hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
For the purpose of this article, costs of an industrial accident shall include, but are not limited to, the following: expenses incurred by police, fire, and/or emergency medical services; actual labor costs of New Britain Borough personnel, including benefits and administrative overhead; costs of consultants or others preparing reports concerning the industrial accident; costs of equipment operations; costs of materials obtained directly by the Borough; cost of any contractual labor and materials for cleanup and/or abatement; costs of the Borough Solicitor and Borough Engineer connected with the industrial accident.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Borough Council.
Such costs for all emergency services rendered shall be paid directly to the Borough within 30 days from the date on which the Borough issues an invoice for such charges.