[Added 8-22-2022 by Ord. No. 2022-10]
This article shall be known as the "Borough of Chambersburg
Emergency Services Cost Reimbursement Ordinance."
The following terms shall have the meanings set forth herein:
The Mayor and Town Council of the Borough of Chambersburg,
commonly known as the “Borough of Chambersburg,” and/or
its duly authorized representatives acting on its behalf.
The Chambersburg Fire Department duly organized, acknowledged
by and existing in the Borough of Chambersburg to provide emergency
services in the Borough.
Every insurance carrier, 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.
Any individual, firm, corporation, trust, association, partnership,
company, or organization.
The Borough hereby authorizes the Fire Department to recover
the costs of the following, including, but not limited to, firefighting
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 for Charges may be amended by resolution of
the Borough from time to time. The charges shall at all times be that
which is usual, customary and reasonable in Franklin County.
[1]
Editor's Note: Said appendix 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 carrier who insures a person or persons
who receive(s) firefighting, rescue, medical or other emergency service,
or any combination of those services, shall be liable for the c incurred
by the Fire Department in providing said services to the insurance
carriers’ 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 from the insurer or insurance carrier. 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 Town Council, the Fire Department shall provide
the Borough an accounting of the c 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.
