Borough of Lewistown, PA Fire Department

Once appointed, the Chief of the Fire Department shall be deemed an employee of the Borough. The Chief shall serve for an indefinite term at the pleasure of Council, and the Chief may be removed by Council at any time, either for cause or no cause. The civil service provisions of the Borough Code[1] shall not apply to the Chief of the Fire Department.

[1]

Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

For the purpose of ranking the Chief's position classification as a Borough employee and equating that position classification with other Borough employee positions of comparable responsibility and authority, the Chief shall be deemed to be a department head.

During his employment as Chief of the Fire Department, the Chief shall not hold any active firefighting position or active rescue unit service position; shall not hold any elective or appointive position in any fire company, ambulance unit, or rescue unit; and shall not serve as a member of the Fire Department Committee. During his employment as Chief, the Chief shall reside within a radius of six air-miles from Monument Square and any lay or outside employment or occupation which the Chief might have or engage in shall be such as does not require that he be regularly or consistently absent from the area for long or extended periods of time.

Probation period.

During the first 18 months of the Chief's employment, the Chief shall be on probation. Promptly after the expiration of this eighteen-month period, the performance of the Chief shall be evaluated by a review panel consisting of seven members:

One member from each of the three fire companies who shall be appointed to the review panel by the Fire Department Committee;

One member of the Fire Department Committee who shall be a member of Council and who shall be appointed to the review panel by the Fire Department Committee;

One member of Council who shall be a member of the Personnel Committee but not a member of the Fire Department Committee and who shall be appointed to the review panel by the President of Council;

(d)

The Borough Manager or the Assistant to the Borough Manager; and

(e)

The Mayor of the Borough of Lewistown.

If the review panel determines that the performance of the Chief has been satisfactory, the panel shall recommend to Council that the Chief be deemed hired in his position classification. If the review panel determines that the performance of the Chief has not been satisfactory, the panel shall recommend to Council that the original appointment of the Chief be rescinded and his employment be terminated.

Salary and other benefits of the Chief of the Fire Department. The salary, salary pay periods, holidays, vacation days, sick leave, and employee benefits of the Chief of the Fire Department shall be those fixed by Council in its Position Classifications, Salaries, Wages and Benefits Resolution or a similar resolution or policy.

§ 24-7 Qualifications of Chief of Fire Department.

The individual appointed as Chief of the Fire Department:

Shall be a citizen of the United States;

Shall have at least 10 years of active firefighting service with a military, municipal, private or volunteer firefighting unit, company, department, or the like;

Shall be currently certified no less than as a Firefighter II (under a nationally accredited certification system which is based on NFPA Standard No. 1001, Firefighter Professional Qualifications); and

In light of the duties and powers of the Chief of the Fire Department set forth in § 24-16, shall possess such training or education, technical knowledge, technical skills, professional competency, administrative skills, managerial ability, leadership ability, learning ability, and like qualifications as are suggested by the position qualification guidelines recommended by the Screening Committee to Borough Council and as confirmed by Borough Council on appointment of the Chief of the Fire Department, together with such other qualification guidelines as determined by Borough Council by resolution in adopting a job description, from time to time, for the position of Chief of the Fire Department.

Nonetheless, such job description shall at all times be in accord with and not in contradiction of the duties and powers of the Chief of the Fire Department and the duties owed to the Chief as set forth in § 24-16.

§ 24-8 Screening Committee.

When there is (or will be) a vacancy in the position classification of the Chief of the Fire Department, a Screening Committee shall be promptly appointed and convened. The Screening Committees shall be an ad hoc committee of the Borough and shall consist of six members:

One member from each of the three fire companies, but which member shall be a member of the Fire Department Committee and shall be appointed to the Screening Committee by the Fire Department Committee;

One member of Council, but which member shall be a member of the Fire Department Committee and shall be appointed to the Screening Committee by the Fire Department Committee; and

Two members of Council who shall not be members of the Fire Department Committee and who shall be appointed to the Screening Committee by the President of Council.

As an ad hoc committee of the Borough, the Screening Committee shall be governed by the general rules set forth in § 15-21 (Ad hoc committees appointed by Council) of Chapter 15, Council, Article II, Committees, but shall have the specific duties and functions assigned by § 24-8C below.

The duties and functions of the Screening Committee shall be to:

Develop and adopt the position qualification guidelines referred to in § 24-7A(3), and use those guidelines:

In determining the nature, subject matter, worth, proficiency level, degree of difficulty, and comprehensiveness of the written examination and the oral examination to be given under Subsection C(2) and (3) below; and

In determining the nature, subject matter, and comprehensiveness of the profile to be completed under Subsection C(4) below.

Provide for a uniform written examination to be given to all individuals who apply for the position of Chief of the Fire Department and who meet the eligibility qualifications set forth in § 24-7A(1) and (2), and prescribe the grade required to pass the written examination.

Administer a uniform oral examination to be given to all applicants who pass the written examination, and prescribe the grade required to pass the oral examination.

Provide for a training, education, practical experience, performance record, and job reference profile to be completed by all applicants who pass the oral examination; prescribe the scoring system to grade the profile; and review and grade all profiles.

(5)

Prescribe the weight to be respectively assigned to the written examination, the oral examination, and the profile.

(6)

Review the combined weighted grades of each applicant and recommend to Council the names of the two persons who have received the highest weighted grade, from which names Council shall appoint one of the two persons so recommended as Chief of the Fire Department, at all times subject to compliance by that person with the requirements of this chapter and the appointment resolution adopted by Council.

§ 24-9 Vacancy in position.

If a vacancy occurs in the position classification of Chief of the Fire Department, the Deputy Chief shall serve as Acting Chief of the Fire Department until a Chief of the Fire Department is appointed by Council.

§ 24-10 Oath of office to be taken by Chief, Deputy Chief, and Assistant Chiefs.

Before entering upon the duties of their respective positions, the Chief, the Deputy Chief and each Assistant Chief shall take an oath (administered by the Mayor) to faithfully perform the duties of his respective position with fidelity and to the best of his ability.

§ 24-11 Criminal background checks required.

The Chief of the Fire Department, the Deputy Chief and Assistant Chiefs and all response members of the Fire Department, as well as all special fire police, shall be required as a condition precedent to assuming their duties to consent to the obtaining of a criminal background check by or on behalf of the Borough. So as to facilitate the obtaining of the same by the Borough, said persons shall execute all necessary consent or permission forms in relation thereto as determined by Borough Council and by the reporting agencies, including the Pennsylvania State Police, from time to time. The costs or fees related to the criminal background check, if any, shall be payable by the person who is required to undergo the criminal background check or by that person's recognized volunteer fire company. No person convicted of a felony shall hold any such positions. Furthermore, Borough Council reserves the right in the exercise of its discretion in the confirmation or appointment of the person so nominated for Chief of the Fire Department or other position to deny appointment or terminate appointment based on the reports received.

§ 24-12 Requirements for volunteer fire companies to receive allocations or appropriations from Borough.

In that the Borough is responsible to assure that allocations or appropriations from the Borough to the volunteer fire companies comprising the Fire Department of the Borough of Lewistown are being utilized for the intended purposes, as a condition to the receipt of allocations or appropriations from the Borough, the recognized volunteer fire companies must:

At all times comply with the laws and regulations of the Commonwealth of Pennsylvania and the United States of America.

Comply with all deadlines of the Internal Revenue Service and, on or before June 1 of each year, provide a copy of the respective entity's last filed IRS Form 990, Return of Organization Exempt from Income Tax, for the immediately preceding tax year to Borough Council.

On or before January 15 of each year, provide a list of the names, ages, addresses, occupations and telephone numbers of all response members of the respective recognized volunteer fire company to the Chief of the Fire Department and to Borough Council.

Provide a list of any additions or deletions to the list of response members within 30 days of the respective addition or deletion of a response member.

Provide to Lewistown Borough Council an annual itemized listing of all expenditures of such allocations or appropriations for the immediately preceding year by February 15 of each following year.

Have at least one representative present at each quarterly Fire Committee Meeting during the calendar year.

§ 24-13 Appointments of Deputy Chief and Assistant Chiefs; qualifications; compensation.

The Chief of the Fire Department shall promptly appoint a qualified individual to the position of Deputy Chief upon the expiration of the term of the then Deputy Chief. The term of the position of Deputy Chief shall be four years — the first term to expire after the adoption of this chapter shall be on March 1, 2014, and subsequent terms shall expire on March 1 of every fourth year thereafter.

If a vacancy occurs in the position of Deputy Chief for any reason (other than by expiration of a four-year term under this Subsection A, the Chief of the Fire Department shall promptly fill the vacancy in the position by appointing a qualified individual to serve as Deputy Chief for the balance of the unexpired term of the position.

For the right of the Chief of the Fire Department to remove the Deputy Chief for cause, see § 24-15.

The Chief of the Fire Department shall have the right (but shall not be required) to appoint the number of qualified individuals specified by this Subsection B to the class position of Assistant Chief. The term of the class position of Assistant Chief shall be four years — the first term to expire after the adoption of this chapter shall be on March 1, 2014, and subsequent terms shall expire on March 1 of every fourth year thereafter. However, nothing in this Subsection B shall be deemed to mean that the Chief must make appointments to the class position of Assistant Chiefs, and nothing in this subsection shall be deemed to mean that if the Chief chooses to exercise his discretionary right to make appointments to the class position of Assistant Chiefs the Chief must make the appointments to the class position at any particular time during the four-year term of the class position. However, once the Chief exercises his right to make appointments to the class position of Assistant Chiefs, the individuals appointed to the class position will serve in the class position until the expiration of that particular term applicable to the class.

If the Chief chooses to exercise his discretionary right to make appointments to the class position of Assistant Chiefs, then:

The Chief shall fill the class by appointing to the class one qualified individual from each fire company in the Borough — the appointment of the individual to the class to become effective at the time set forth in § 24-14.

If after the appointment of a Assistant Chief under Subsection B(1)(a) above a vacancy occurs in that position for any reason (other than by expiration of the particular term applicable to the class of Assistant Chiefs), the Chief shall promptly fill the vacancy in the position by appointing a qualified individual to serve as the Assistant Chief until the expiration of the particular term applicable to the class of Assistant Chiefs. The individual appointed by the Chief to fill the vacancy in the position of Assistant Chief shall belong to the same fire company to which the individual (who had held the position of Assistant Chief before the vacancy) had belonged.

Promptly after the Chief has made the appointment to fill the vacancy, the Chief shall give written notice to the secretary of the fire company (to which the appointee belongs), stating that the Chief has made the appointment and giving the name of the appointee. The fire company shall have the right to reject the appointee in the manner and within the time set forth in § 24-14B. If the fire company does not exercise its right in the manner and within the time set forth in § 24-14B, the appointment made by the Chief shall become effective upon the expiration of the time period set forth in § 24-14B.

For the right of the Chief of the Fire Department to remove an Assistant Chief for cause, see § 24-15.

Qualifications.

An individual appointed as the Deputy Chief or as an Assistant Chief:

Shall be a citizen of the United States;

Shall have at least 10 years of active firefighting service with a military, municipal, private or volunteer firefighting unit, company, department or the like;

Shall be a member of one of the fire companies in the Borough;

(d)

Shall reside within a radius of six air-miles from Monument Square; and

(e)

Shall possess such technical knowledge, technical skills, professional competency, leadership ability, and like qualifications as are deemed by the Chief of the Fire Department to be essential in order for the Deputy Chief or an Assistant Chief to carry out the duties of the Chief of the Fire Department in the absence of the Chief of the Fire Department.

During the term of the Deputy Chief or an Assistant Chief, the Deputy Chief's or an Assistant Chief's lay employment or occupation shall be such as does not require that he be regularly or consistently absent from the area for long or extended periods of time.

Compensation. The Deputy Chief and the Assistant Chiefs shall serve without salary or compensation.

§ 24-14 Notice of appointment of Assistant Chiefs; effective date of appointment.

If the Chief of the Fire Department chooses to exercise his discretionary right under § 24-13B to make appointment to the class position of Assistant Chiefs, then promptly after the Chief has appointed the Assistant Chiefs the Chief shall give written notice to the secretary of each fire company, stating that the Chief has appointed the Assistant Chiefs and giving the names of the Assistant Chiefs and the name of the fire company to which each Assistant Chief belongs [and thus, pursuant to § 24-13B(1), the fire company from which each Assistant Chief was appointed].

Unless the Chief is notified in writing by a fire company within 15 days after the date of the Chief's notice that the appointment of the Assistant Chief is rejected by the fire company to which the Assistant Chief belongs, the appointment of the Assistant Chief shall become effective upon the expiration of the fifteen-day period.

If under Subsection B a fire company rejects the appointment of its Assistant Chief, the Chief shall appoint another Assistant Chief from that fire company and then give prompt written notice to the secretary of the fire company, stating that the Chief has made a new appointment from that fire company and giving the name of the new appointee. The fire company shall have the right to reject the new appointee in the manner and within the time set forth in § 24-14B. If the fire company does not exercise its right in the manner and within the time set forth in § 24-14B, the appointment made by the Chief shall become effective upon the expiration of the time period set forth in § 24-14B.

§ 24-15 Removal of Deputy Chief and Assistant Chiefs for cause.

The Chief of the Fire Department shall have the right, at his sole discretion, to remove the Deputy Chief and any Assistant Chief for inefficiency, incompetency, neglect of duty, physical or mental disability affecting his ability to serve in the position, conduct unbecoming the position, or other just cause.

§ 24-16 Duties and powers of Chief of Fire Department; duties owed to Chief.

In general, it shall be the duty of the Chief of the Fire Department to work diligently to preserve and protect the public health and safety and to preserve and protect the safety and security of property. To this end, the Chief of the Fire Department shall have all the operational and supervisory powers which by custom and by common experience are inherent to the position of a chief of a fire department.

Without intending to limit the generality of the scope of Subsection A, but rather by way of example of the duties and powers of the Chief of the Fire Department, the Chief shall have the following duties and powers:

The Chief shall have full supervision, direction, control and command over the administration, services and operations of the Fire Department, both within and outside the territorial limits of the Borough of Lewistown — including all special fire police, all equipment of the Fire Department, and all response members of the Fire Department in service or on duty at a fire company firehouse, in service or in class during training, or in service or on duty at a fire, flood, accident, rescue operation, or other like emergency to which the Fire Department responds.

The Chief shall have the power to enforce the Fire Department's rules of operation and standard operating procedures.

The Chief shall ensure that the Fire Department is ready and prepared to respond to fires, floods, accidents, rescue operations, or other like emergencies. To this end, the Chief shall:

Develop appropriate mock programs or model strategic plans to address particular types of emergencies before they occur;

Develop and implement appropriate programs to safeguard the health and safety of the response members of the Fire Department during a response situation;

Ensure that each response member of the Fire Department has received (and maintains) the level of training appropriate to his response specialty, task or classification;

(d)

Based upon the Fire Department's rules of operation and standard operating procedures and based upon the Chief's rules for response engagement, determine whether a particular response member of the Fire Department or a particular response team is to be posted for, or called to, response service or duty;

(e)

Require proper maintenance of equipment and, subject to the availability of funds, require the replacement of equipment; and

(f)

Establish procedures or rules for cooperation, coordination and communication among the fire companies in the Fire Department.

The Chief shall have the power to suspend or remove a response member of the Fire Department or a special fire policeman for insubordination, incompetency, or neglect of duty while in service or on duty, or other just cause.

(5)

The Chief shall keep, or cause to be kept, appropriate records of: a) all fires, floods, accidents, rescue operations, hazardous materials response incidents, or other emergencies to which the Fire Department responds; b) the level or degree of compliance with the health and safety programs referred to in Subsection B(3)(b) above; c) the training completed by response members of the Fire Department; d) the maintenance and serviceability or usefulness of all equipment of the Fire Department; and e) all disciplinary actions taken under Subsection B(4) above.

(6)

Pursuant to Chapter 110, Construction Codes, Uniform, Article II, the Fire Prevention Code, of this Code, the Chief shall be head of the Fire Prevention Bureau.

(7)

Where appropriate because of the circumstances, the Chief shall represent the Borough at hazardous materials incidents in the Borough, and when responses by the Fire Department to such incidents are required, the Chief shall direct or supervise the responses.

(8)

The Chief shall serve as the technical advisor to Council, the Borough staff, the Fire Department Committee, the Police Department, and the Building Codes, Property Codes and Zoning Code Department on matters of fire prevention, fire suppression, fire investigation, flood response, emergency management, hazardous materials response, and like subjects as to which the Chief has special knowledge or information.

(9)

The Chief shall work with the fire companies in developing and submitting budget requests or funding requests and shall work with the Borough staff, the Finance and Budget Committee, and Council in developing the annual budget for the Fire Department.

(10)

The Chief shall:

Within five days after the date of any accident involving any equipment or personnel of the Fire Department, make a report of the accident to the Borough Manager in such form and with such detail as the Borough Manager may require.

At least once quarter-annually, attend a regular public meeting of Council for the purpose of making a report to Council with respect to the services, operations, administration and state of readiness and preparedness of the Fire Department.

Attend all meetings of the Fire Department Committee and attend such meetings of the Finance and Budget Committee and other committees of the Council of the Borough as he is directed to attend by Council or the Borough Manager.

(11)

The Chief shall cooperate and work with the Mifflin County Emergency Management Services Agency, other fire departments in the County, local business associations, local service and civic organizations, and the like — all as the Chief may determine to be in or for the best interests of the Borough, the Fire Department, or the Fire Department's programs, services or operations.

(12)

To the best of the Chief's ability, he shall be present at all major fires, floods, accidents, rescue operations, or other like emergencies to which the Fire Department responds.

When present at the scene of a fire, the Chief shall make a size-up; adopt a fire attack strategy; select the appropriate tactics to execute the strategy in light of available equipment; and implement appropriate overhaul procedures or salvage procedures.

When present at the scene of a flood, accident, rescue operation, or other like emergency, the Chief shall make a size-up; adopt a strategic plan; select such tactical plans to execute the strategic plan as are appropriate to mitigate or abate the consequences or effects of the emergency; and implement appropriate overhaul procedures or salvage procedures.

Duties owed to the Chief. The Chief shall be furnished with a key to the firehouse of each fire company and be allowed admission to the firehouse of each fire company at all times. The secretary of a fire company shall furnish the Chief, on request, with a complete list of all the officers and members of the fire company, their respective response specialties, tasks or classifications, and such other information as the Chief may require.

Authority of Chief to suspend a recognized volunteer fire company.

The Chief shall have the right to suspend a recognized volunteer fire company from participation in the Fire Department for failure to comply with directions or orders given by the Chief in the exercise of his authorized duties or powers (see Subsections A and B) or for the failure of the recognized volunteer fire company to comply with the volunteer fire company's duties owed to the Chief (see Subsection C). Upon the occurrence of such and within two days thereof, the Chief shall notify Borough Council in writing specifying with particularity the reason for the suspension. Borough Council shall, within 30 days of receipt of written notice, hold a public hearing to review the suspension. At such public hearing, Council shall take testimony from the Chief of the Fire Department and the Chief's witnesses, if any, and from the suspended volunteer fire company and its witnesses. After hearing testimony, the Borough Council of the Borough of Lewistown shall have the authority to: a) confirm the suspension until corrective action is taken or until adequate assurances of compliance with the authorized directions of the Chief is given; or b) until there is compliance with the duties owed to the Chief; or c) to revoke the suspension and to reinstate the suspended volunteer fire company, provided there is compliance with specified conditions; or d) to revoke the suspension and to reinstate the suspended volunteer fire company. Borough Council shall render a written decision or, if no decision is called for, make written findings, within 30 days of the last hearing before Borough Council. Where the suspension is contested, each decision shall be accompanied by findings of fact and conclusions based thereon, together with reasons therefor.

For purposes of this Subsection D, the calculation of days shall be so computed as to exclude the first and include the last day of such period. Furthermore, whenever the last day of any period shall fall on a Saturday or on a Sunday or on any day made a legal holiday by the laws of the Commonwealth of Pennsylvania or of the United States of America, such day shall be omitted from the computation.

§ 24-17 Duties and powers of Deputy Chief and Assistant Chiefs.

In the absence of the Chief of the Fire Department, the Deputy Chief shall have the same duties and powers as the Chief.

In the absence of the Chief and the Deputy Chief at a fire, flood, accident, rescue operation, or other emergency to which the Fire Department, a fire company or a rescue unit responds, the Assistant Chiefs (in such order as the Chief may have previously determined) shall have the same duties and powers as the Chief would have had if he were present at the fire, flood, accident, rescue operation, or emergency.

§ 24-18 Special fire police.

Pursuant to the authority granted by the Pennsylvania Special Fire Police Act (Act of November 23, 2010, P.L. 1181, No. 118, as amended, 35 Pa.C.S.A § 7431 et seq.), each fire company shall nominate not less than 12 and not more than 20 of its members to act as special fire police. After nomination but before a special fire policeman may enter upon his duties, he shall be confirmed by the Chief of the Fire Department and the Mayor and take an oath, administered by the Mayor, to faithfully perform his duties as a special fire policeman with fidelity and to the best of his ability.

It shall be the duty of the special fire police to:

Regulate traffic and keep crowds under control at or in the vicinity of a fire at which their fire company is in attendance;

Exercise such police powers as are reasonably necessary in order to facilitate and prevent interference with the work of the firemen at a fire;

Protect property removed from a fire;

Ensure that no unauthorized vehicle is driven over a fire hose; and

(5)

Protect the fire equipment of the fire company at a fire.

In addition to the duties and powers of the special fire police under § 24-18B, the special fire police shall have and exercise such police powers as are reasonably necessary to regulate traffic or keep crowds under control:

When accidents, floods, rescue operations or other emergencies require that the special fire police exercise such powers until the arrival of state or municipal police — and the special fire police may exercise the powers under this subsection:

Without the prior request or approval of Council, the Mayor, the Chief of Police, the Chief of the Fire Department, the Borough Manager, the County Emergency Management or any other like official or agency;

When the Fire Department or any fire company is conducting an event, function or parade under its auspices in the Borough; or

When Council has requested that the special fire police exercise such powers at any event, function or parade conducted by others in the Borough other than the Fire Department or a fire company.

In accord with the Act of November 23, 2010, P.L. 1181, No. 118, as amended, specifically 35 Pa.C.S.A § 7437, special fire police shall be subject to the control of the Chief of Police of the Borough of Lewistown.

§ 24-19 Roster of special fire police.

Each February the Chief of the Fire Department shall furnish Council with a roster showing the names, ages, addresses, occupations and fire company memberships of all the special fire policemen. The roster shall thereafter be kept in the office of the Borough Secretary and in the office of the Chief of Police. The Chief of the Fire Department shall from time to time inform Council of any additions to or deletions from the roster.

§ 24-20 Ambulance units and rescue units.

Each of the fire companies is authorized, at its discretion and at its own expense, to operate ambulance units and rescue units.

§ 24-21 Unlawful obstruction, interference and other acts; violations and penalties.

It shall be unlawful for any person to obstruct, restrict, oppose or interfere with the operations of the Fire Department, a fire company, a fire company ambulance unit or a fire company rescue unit at the scene or in the vicinity of a fire, flood, accident, rescue operation or other emergency or to obstruct, restrict, oppose or interfere with the Chief of the Fire Department, the Deputy Chief, an Assistant Chief, any special fire policeman or any fireman while he is on duty at the scene or in the vicinity of a fire, flood, accident, rescue operation or other emergency or while he is going to or returning from the scene or the vicinity.

Any person who commits an unlawful act under Subsection A of this section or who fails to carry out or comply with an order of any officer or any special fire policeman referred to in Subsection A while on duty shall, upon conviction of the offense, be sentenced to pay a fine of not more than $300 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days.

§ 24-22 Recovery of response costs.

[Added 8-12-2019 by Ord. No. 2019-3]

This section shall be known and may be cited as the "Borough of Lewistown Volunteer Fire Company Emergency Services Recovery of Response Costs Ordinance."

The Borough of Lewistown hereby authorizes the Fire Department of the Borough of Lewistown through its volunteer nonprofit fire companies to recover the reasonable costs of materials, equipment, personnel hours, hazardous abatement materials involving motor vehicle accidents to the extent that the recovery of such costs is covered by and payable through motor vehicle insurance.

Claims for recovery of costs shall be filed with the motor vehicle insurance carrier, representing an added-on cost of the claim for damages of the vehicles, property and/or injuries. In the event services are required relating to utilities causing safety problems to highway areas, and if the area is deemed unsafe by emergency responders, the same billing process shall apply to said utility, whose equipment-related problems cause an emergency services response. Such claims shall be filed with the insurance carrier of the owner of a vehicle, property or other responsible party.

The reasonable costs as outlined above, to the extent that they are covered by and payable through motor vehicle insurance, may be recovered directly by the Fire Department of the Borough of Lewistown through its volunteer nonprofit fire companies or by agreement with a collection agency, provided that such agreement is approved in advance by resolution of the Borough Council of the Borough of Lewistown. The volunteer fire companies shall provide to the Borough Council of the Borough of Lewistown, on or before April 15 of each year, a report of all funds received pursuant to this section.

In addition to the aforementioned reasonable costs, the Fire Department of the Borough of Lewistown through its volunteer nonprofit fire companies, or a duly authorized collection agency, shall be authorized to collect interest at the legal rate of 6% per year, as well as a reasonable administrative fee for collecting the costs and any and all additional fees as may be authorized by the Hazardous Material Emergency Planning and Response Act, Act of December 7, 1990, P.L. 639, No. 165, as it may be amended from time to time (35 P.S. § 6022.101 et seq., as it may be amended from time to time), and, specifically pursuant to 35 P.S. § 6022.210, entitled "Recovery of response costs," thereof, as it may be amended from time to time and as otherwise authorized by any other statute, case law or at common law, to the extent that the same are covered by and payable through motor vehicle insurance.

Fees and charges shall be submitted to the Borough Council of the Borough of Lewistown for approval by the Fire Department of the Borough of Lewistown through its volunteer nonprofit fire companies. Only fees and charges approved by resolution of Borough Council at a duly advertised public meeting shall be deemed reasonable and eligible for reimbursement.

Right of appeal; recovery of fees and charges.

Emergency service recipients questioning the reasonableness of a fee or charge or the right to collect any fee or charge may appeal the assessment to the Borough Council of the Borough of Lewistown pursuant to the provisions of the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 105, 2 Pa.C.S.A. §§ 551 through 555, and 2 Pa.C.S.A. §§ 751 through 754, all as it may be amended and supplemented from time to time, within 30 days of receipt of the assessment. Failure to so appeal within 30 days shall constitute a waiver of the recipient's right to contest the reasonableness of the fee or charge or the right to collect the fee or charge.