[HISTORY: Adopted by the Board of Supervisors of the Township
of Straban as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-6-2023 by Ord. No. 2023-02[1]]
This article shall be known as the "Straban Township Fire Emergency
Services Cost Reimbursement Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
An amount that is consistent with what a reasonable person
would pay in the same or similar circumstances for the same business
or for the same or similar item.
Any individual, firm, corporation, trust, association, partnership,
company, or organization.
Volunteer Fire Department for billing and collection of actual
and reasonable costs.
The Board of Supervisors of Straban Township, commonly known
as "Straban Township," and/or its duly authorized representatives
acting on its behalf.
Any of the four Volunteer Fire Departments that service the
Township of Straban, which include the Heidlersburg Fire Department,
Gettysburg Fire Department, Biglerville Fire Department, and United
Hook & Ladder No. 33.
A.
The Township hereby authorizes the Volunteer Fire Department to recover
the actual and reasonable response 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 Township or any other area in which the Volunteer Fire
Department is authorized by the Township to provide such emergency
services. In addition to the costs, the Volunteer Fire Department
shall also be authorized to collect reasonable interest and administration
expenses involved in collecting said costs.
B.
The Volunteer Fire Department shall establish, and revise from time
to time as needed, an actual and reasonable cost fee schedule establishing
the actual and reasonable replacement cost of firefighting materials,
rescue equipment and other supplies utilized by the Volunteer Fire
Department. The Volunteer Fire Department fee schedule shall be posted
in a conspicuous location at each Volunteer Fire Department station
and shall be made available to Persons upon request.
A.
Billing. Any Volunteer Fire Department that services any person in Straban Township is hereby authorized to seek reimbursement for fees, costs and expenses set forth in § 67-3 of this article by direct billing or by an attorney, third-party billing service, or other agency contracted with, and by, the Volunteer Fire Department for the collection of such sums. A bill for reimbursement shall clearly itemize the costs that have been incurred by the Volunteer Fire Department.
B.
Reimbursement. If a person receives a bill for actual and reasonable
response costs as provided for in this article, the person shall be
responsible for payment of the bill. 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 actual and reasonable expense costs incurred
by the Volunteer Fire Department in providing said services to the
insurance carriers' insured. Submission of a bill to an insurance
company shall not relieve the person from financial responsibility
for payment of the bill if an insurance company denies payment of
the bill or opts not to pay the bill in full.
C.
Failure to pay. Any Volunteer Fire Department or a third-party billing
service thereof that submits to a person a bill for actual and reasonable
response costs as provided for in this article may file an action
in a court of competent jurisdiction to recover the amount of actual
and reasonable response costs if the person fails to pay the amount
of the bill. Any action in a court of competent jurisdiction by a
Volunteer Fire Department or any third-party billing service may include
reasonable interest, reasonable administrative fees, reasonable attorney
fees, and court fees in addition to the outstanding amount of the
bill for actual and reasonable response costs.
All costs collected by the Volunteer Fire Department pursuant
to this article shall be placed into a fund established by the Volunteer
Fire Department. The funds shall be utilized exclusively for supplies
and equipment of the Volunteer Fire Department utilized in providing
emergency services in the Township or any other area in which the
Volunteer Fire Department is authorized by the Township to provide
emergency services.
At the request of the Board of Supervisors, the Volunteer Fire
Department shall provide the Township an accounting of the costs,
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 Township
shall have the right to audit the accounting provided by the Volunteer
Fire Department or require the Volunteer Fire Department to obtain
an audit of the charges and fund and provide the Township with a copy
of the audit.
