[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Providence as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-5-2015 by Ord.
No. 619]
This article shall be known as the Lower Providence Township
Emergency Service Cost Reimbursement Ordinance
A.
Authority. Under Sections 1803(b) and 1553 of the Second Class Township
Code, 53 P.S. §§ 66803(b) and 66553, the Township has
the authority to make rules and regulation for the government of fire
services and emergency service located within the Township.
B.
Findings. The Township recognizes that the duties of volunteer fire
companies require specialized tools for fire suppression, safety,
and rescue responses, including but not limited to emergency rescue
tools and equipment, emergency rescue materials, hazardous material
abatement equipment, and hazardous abatement materials during emergency
responses. The Township recognizes that such tools and equipment place
a financial burden on volunteer fire companies, and the replacement
of such materials and specialized training add to the additional financial
burden for volunteer fire companies. The Township itself also incurs
substantial costs in connection with hazardous abatement incidents,
environmental incidents, and fire and safety rescue responses which
occur within the Township.
C.
Purpose. To grant any fire company ("Fire Departments ") and emergency
medical ambulance service ("EMS") operating in Lower Providence Township
the authority to seek reimbursement for the reasonable cost of responding
to such incidents, either directly or in coordination with the Office
of Emergency Management, as provided below and to authorize Lower
Providence Township to seek reimbursement for the reasonable cost
of responding to such incidents.
A.
The Township authorizes the Fire Departments, EMS and Lower Providence
Township to recover the reasonable cost of emergency rescue tools,
equipment, and materials; hazardous material abatement tools, equipment,
and materials; and personnel hours involving any hazardous material,
environmental, firesafety, and/or rescue incident or operation, including
vehicular accidents.
B.
The reasonable costs incurred by the Fire Departments and EMS outlined
above may be recovered directly by the Fire Departments and EMS or
through a third-party billing service as an authorized agent for the
collection of such costs. The reasonable costs incurred by Lower Providence
Township outlined above may be recovered directly by the Township
or through a third-party billing service as an authorized agent for
the collection of such costs.
C.
The Township, Fire Departments, EMS or third-party billing service
shall only have the authority to recover the aforementioned costs
from the applicable insurance company/carrier.
D.
The reimbursement rates for the aforementioned tools, equipment,
and materials shall be set by the Fire Departments and EMS from time
to time and shall be applied only to the recovery of applicable costs.
These rates shall be submitted to the Township and shall be kept on
file in the Township Building. The reimbursement costs for the aforementioned
tools, equipment, and materials as set forth on the attached Exhibit
A[1] are hereby approved and may be modified from time to time
by separate resolution of the Board of Supervisors.
[1]
Note: Exhibit A is on file in the Township offices.
E.
In addition to the aforementioned reasonable costs, Lower Providence
Township, the Fire Departments, EMS or third-party billing service
shall be authorized to collect reasonable interest, as well as a reasonable
administrative fee for collecting the same, and any and all additional
fees as may be authorized by the Hazardous Material Emergency Planning
and Response Act[2] or authorized by any other statute or law.
[2]
Editor's Note: See 35 P.S. § 6022.101 et seq.
Except for recovery of costs incurred by the Township, the Township
shall not be responsible for any aspect of the recovery of costs under
this article. The Township shall not take any steps to assist the
Fire Departments, EMS or any third party billing service in recovery
of costs under this article.