[HISTORY: Adopted 7-2-2020 by the Special Town Meeting of the Town of Topsham, Art. 15. Amendments noted where applicable.]
The Town of Topsham is engaged in providing fire suppression, fire rescue and fire safety services, and in consideration of services rendered hereby desires to set the following restitution policy for Fire Department services. This chapter is adopted pursuant to municipal home rule ordinance authority and Title 30-A M.R.S.A. § 3001.
The Town of Topsham will seek payment for the cost of services provided by the Town of Topsham Fire Department when responding to incidents in the Town of Topsham. Services the Town of Topsham shall seek payment for include, but are not limited to:
A. 
Scene and safety control at traffic accidents. The positioning of fire apparatus and personnel to protect the scene from other traffic and deny entry into the scene of unauthorized personnel. Police will move traffic around the area the Fire Department has deemed as the safe zone for the occupants of the vehicles and the rescuers on the scene. Safely staging other incoming agencies responding to this incident may also include a pulled hose line for the protection of people on scene from possible fires and fumes or residue from such things as gasoline and airbag propellants. The most important function is establishing incident command of the scene, which is the Fire Department's responsibility at emergency incidents and to coordinate with other responding agencies for their needs at the scene. Patient care is the responsibility of emergency medical service (EMS) personnel but assistance may be requested.
B. 
Disentanglement operations and assist rescue with extrication from vehicles. Anytime a person has to be lifted or taken out of an emergency situation or forcible entry is necessary to gain proper access to victims, the Fire Department will assist ambulance or EMS personnel in a coordinated effort. Ropes, ladder devices, air monitoring equipment, self-contained breathing apparatus, hydraulic equipment, shoring, saws, cribbing, and airbags are just a few of the types of equipment used in extrication incidents.
C. 
Fluid and hazardous substance mitigation at traffic accidents. Anytime the Fire Department has to manage any fluids or hazardous substances through containment or absorption with pads, sand or other means permitted by the Department of Environmental Protection (DEP). Mitigation of all hazardous substances is performed in accordance with DEP regulations.
D. 
Vehicle fires. Anytime the Fire Department personnel have to contain or extinguish a fire. It also includes the laying of hose lines and positioning a hand line for the protection of individuals at the scene because of fire, smoke, or leaking fluids, such as gasoline.
Upon adoption of this chapter, the Board of Selectmen in their expressed authority shall be authorized to review and set the fees for Fire Department services as they deem in the best interest of the Town of Topsham. Fees for services shall be limited to cost recovery. Methods of calculating the cost of services shall be identified and generally based upon the average cost or specific cost of providing the service. Cost calculations will include direct costs (apparatus, personnel, and any miscellaneous supplies and services).
The Town may seek restitution for costs of Fire Department services by filing claims with the insurance companies that insure the individuals or companies involved in an incident where Fire Department services are provided. The Board of Selectmen is authorized to enter into a cost recovery agreement with a third-party billing company for the billing and collection of fees for Fire Department services through the filing of insurance claims. All such claims shall be submitted in the name of the Town of Topsham. The Town shall only seek restitution for Fire Department services from insured nonresident drivers at fault. Restitution will only be billed to the insurance company and never the individual.
Terms of compensation to the third-party billing company shall be agreed upon and approved by the Board of Selectmen and set forth in the terms of the cost recovery agreement.
It shall be the duty of the third-party billing company to effectively pursue the requirements of this chapter for payment of services rendered by the Fire Department as specifically outlined above.
The third-party billing company shall at all times during the term of the agreement, have a valid general liability insurance policy, a cyber liability policy, an error and omissions policy, and the Town of Topsham shall be named as additionally insured.
This chapter shall take effect upon adoption by the Town of Topsham at its annual Town Meeting of May 20, 2020.
If any section or provision of this chapter is declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this chapter.