[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 7-7-2014 by Ord. No.
02-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 100.
The purpose of this chapter is to establish and recognize Boyertown
Area Fire and Rescue, Inc. ("Boyertown Area Fire and Rescue Fire Department,"
or "Fire Department") as an official fire organization of the Borough;
to provide for governance of the Fire Department; to set forth rules,
regulations and authorized activities of the Fire Department, its
members and employees; and to recognize the Boyertown Area Fire and
Rescue Relief Association.
Boyertown Area Fire and Rescue Fire Department is hereby recognized
as the official volunteer fire department of the Borough of Boyertown.
The Fire Department shall be governed pursuant to its adopted
bylaws, a copy of which is incorporated herein by reference; the bylaws
may be amended from time to time by the Fire Department Board of Directors
without the consent or approval of Borough Council.
The Fire Department is hereby authorized to provide:
A.
Such services to the Borough as may be necessary for the protection
of property and persons situate therein, which include but are not
limited to: extinguishment and prevention of personal injury and death
from fire, protection of property from damage or destruction by fire,
response to motor vehicle crashes, medical emergencies, hazardous
materials incidents and other dangerous situations.
B.
Nonemergency and public service functions, including, but not limited
to, water removal from properties after storms and assistance in the
removal, abatement and/or prevention of damage or injury to persons
or property, whether due to natural causes or man-made situations.
C.
To conduct and participate in such training activities or drills,
either within the Borough or outside of the Borough, as may be deemed
necessary by the Fire Department to maintain proficiency in providing
service.
D.
Any other activities or services as permitted by the bylaws and local,
state and federal law.
Members of the Fire Department are authorized to do the following
in addition to actually participating in the activities of the Fire
Department as authorized above, or in going to or returning from any
activity:
A.
Engage in any type of drill, training, ceremony, practice, test or
parade when duly called for by the Fire Department.
B.
Engage in the performance of any other duty or lawful activity authorized
by the Fire Department.
C.
Any other activities or services as permitted by the bylaws and local,
state and federal law.
The Boyertown Area Fire and Rescue Relief Association is hereby
recognized as the relief association for the Boyertown Area Fire and
Rescue Fire Department. The Boyertown Area Fire and Rescue Relief
Association is designated as the proper association to receive the
appropriate portion of the relief funds distributed by the Commonwealth
of Pennsylvania.
[Added 5-1-2017 by Ord.
No. 02-2017]
This article shall be known as the "Borough of Boyertown Emergency
Services Cost Reimbursement Ordinance."
The following terms shall have the meanings set forth herein:
The Borough of Boyertown, Berks County, Pennsylvania.
The Council for the Borough of Boyertown, Berks County, Pennsylvania.
Boyertown Area Fire and Rescue, Inc., duly organized, acknowledged
by and existing in the Borough of Boyertown to provide emergency services
in the Borough.
Every insurance company, association or exchange, incorporated
or organized by or under the laws of this commonwealth, the United
States, territories, dependencies, other states, or foreign governments,
and engaged in transacting insurance business of any kind or classification,
except title insurance companies.
An individual, organization, corporation, partnership, government
or government agency, department or political subdivision, business,
trust, estate, association and any other legal or commercial entity.
The Borough hereby authorizes the Fire Department to recover
the costs of the following, including, but not limited to, fire-fighting
materials used and expended, the use of fire trucks, fire engines,
rescue equipment and tankers, emergency medical supplies, and hazardous
situation abatement materials used and expended in connection with
any fire, safety rescue incident or operation, medical emergency,
or hazardous situation abatement incident, including vehicular accidents,
fires and/or medical emergencies occurring within the Borough or any
other area in which the Fire Department is authorized by the Borough
to provide such emergency services.
The Fire Department fees, costs and expenses (collectively charges)
permitted to be recovered shall be as set forth on the schedule attached
hereto as Appendix A.[1] The Schedule of Charges may be amended by resolution of
Council from time to time. The charges shall at all times be that
which is usual, customary and reasonable in the County of Berks.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
All amounts collected by the Fire Department pursuant to this
article shall be placed into a fund established by the Fire Department.
The funds shall be utilized exclusively for supplies and equipment
of the Fire Department utilized in providing emergency services in
the Borough or any other area in which the Fire Department is authorized
by the Borough to provide such emergency services.
Any insurer or insurance company who insures a person or persons
who receive(s) fire-fighting, rescue, medical or other emergency service,
or any combination of those services, shall be liable for the charges
incurred by the Fire Department in providing said services to the
insurance company's insured.
The charges shall be recovered directly by the Fire Department
by direct billing or by an attorney, collection service or other agency
contracted with and by the Fire Department for the collection of such
sums. In addition to the charges, the Fire Department shall also be
authorized to collect reasonable interest and administration expenses
involved in collecting said charges.
At the request of the Council for the Borough, the Fire Department
shall provide the Borough an accounting of the charges, including
but not limited to the charges charged and collected, the costs of
collection of the charges billed, the fund into which the charges
were deposited and expenditures from the fund. The Borough shall have
the right to audit the accounting provided by the Fire Department
or require the Fire Department to obtain an audit of the charges and
fund and provide the Borough with a copy of the audit.
The Borough shall not be responsible for any aspect of the recovery
of charges under this article. The Borough shall not take any steps
to assist the Fire Department or any third-party billing service in
recovery of costs under this article.
