[HISTORY: Adopted by the Borough Council of the Borough of
New Britain as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Firesafety and emergency equipment inspections — See Ch. 208.
[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.
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:
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.
The need for cleanup and/or abatement measures to be performed
by Borough employees, or other matters resulting in expense to the
Borough.
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.
A.
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.
B.
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.
C.
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.
D.
The costs of such industrial accident as set forth in Subsection C hereinabove shall be determined by the Borough Council.
E.
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.
