147.07 DISPOSITION OF FIRE INSURANCE PROCEEDS.

   (a)   The City hereby designates the Fire Chief as the officer authorized to carry out the duties of this section in compliance with Ohio R.C. 3929.86.

   (b)   The Clerk of Council shall file a certified copy of this section with the State Superintendent of Insurance.

   (c)   When a fire loss to a structure located in the City equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies, in accordance with Ohio R.C. 715.26(F), shall transfer from the insurance proceeds to the City, in the aggregate, one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) and for each fraction of that amount, of a claim, for the purpose of removal or repair of the structure.

   (d)   The insured may, in the alternative, submit a contractor's signed estimate of costs of removing, repairing or securing the building or structure and shall direct the insurance company to transfer from the insurance proceeds to the City the amount specified in the estimate.  If the insured submits such an estimate after the insurance company has already transferred to the Fire Chief an amount equal to one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) loss, the City shall reimburse the insured for any excess paid above the estimate amount submitted.

   (e)   Upon receipt of proceeds by the City, the Finance Director shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing expenses incurred by the City pursuant to Ohio R.C. 715.261.

   (f)   When transferring the funds as required in subsection (c) hereof, an insurance company shall also provide the City with the name and address of the insured.  The City shall then contact the named insured and notify him or her of the following procedure:

      (1)   The funds will be returned to the insured when the repair or removal has been completed and when required proof has been received by the Fire Chief if the City has not incurred any costs.

      (2)   If the City has incurred costs in repair or removal, such costs shall be paid from the funds and any excess shall be returned to the named insured.

      (3)   Nothing in this section shall be construed to limit the ability of the City to recover any deficiency of removal costs under Ohio R.C. 715.261.

      (4)   Ohio R.C. 715.261 provides that the City may collect all costs of removal in any of the following ways:

         A.   The Clerk of the City shall certify total costs of removal and a proper description of the lands to the County Auditor who shall place the costs upon the tax duplicate.  The costs shall be a lien upon such lands from and after the date of entry.

         B.   The City may also commence a civil action to recover the total costs from the owner.

            (Ord. 1997-176.  Passed 10-6-97.)

147.08 AGE LIMITATION FOR PART-TIME COMMUNITY EMERGENCY RESPONSE TEAM.

   All part-time CERT members of the Fire Department shall terminate their office and employment not later than their sixty-fifth birthday.

(Ord. 2004-27.  Passed 2-2-04.)

147.09 FIRE, EMERGENCY MEDICAL AND RESCUE PROTECTION TO OTHER GOVERNMENTAL ENTITIES.

   Based upon the recommendation of the Fire Chief, the Beachwood Department of Fire- Rescue may provide fire, emergency medical or other special rescue protection pursuant to Ohio R.C. 9.60(D) to any state agency or instrumentality, county or political subdivision of the State, or to a governmental entity of an adjoining state, without a contract to provide fire protection, upon the authorization of the Fire Chief, or, in his absence, the senior shift officer on duty on an emergency basis.  (Ord.  1999-88.  Passed 5-3-99.)

147.10 PROVISION OF EMERGENCY MEDICAL SERVICES; FEES AND CHARGES.

   (a)   Emergency medical services shall be provided by the Fire and Rescue Department on a fee basis in response to any call for such service.  Every person using such services, or the guardian of such person, or any other person who is financially responsible for such person, shall be liable for the payment of fees and charges as established by this section.

   (b)   The Safety Director is hereby authorized to establish fees and charges for the delivery of various levels of emergency medical services by the Fire and Rescue Department and shall file such fees and charges with the Finance Director and the Clerk of Council annually on the first business day of the year.

   (c)   All billings for fees and charges established by this section shall be made by the Finance Director and all moneys collected shall be deposited into the General Fund of the City.

   (d)   The Mayor may enter into an agreement(s) on behalf of the City to engage the services of a billing and collection company which shall submit claims on behalf of the City to private insurers and/or the Federal Health Care Program of Medicare and Medicaid and shall issue bills to persons using emergency medical services for such amounts not covered by insurance only to the extent provided herein.  Each person who uses emergency medical services provided by the City whether the person is transported or just treated on scene shall assign any insurance proceeds available to such person to the City.  The City shall not issue bills to persons using emergency medical services who are residents of or income taxpayers employed in the City for any applicable co-payment or deductibles otherwise due to the City and shall treat income and/or property tax revenues received from such persons as satisfaction and payment of such co-payments or deductibles.  The City is authorized to bill and collect from all other individuals such amounts as are not covered by insurance or Medicare or Medicaid.

   (e)   When emergency medical services are provided by City of Beachwood personnel to persons outside the City limits pursuant to a mutual aid agreement or understanding with another municipality, the City shall bill such person in accordance with the practices of the requesting municipality but based upon the fees and charges established by this section.  When emergency medical services are provided within the City of Beachwood by personnel of another municipality pursuant to a mutual aid agreement or understanding, such person shall be billed in accordance with the provisions of this section.

   (f)   The Mayor, upon the recommendation of the Fire Chief and the City’s billing agent, is hereby authorized, on a case-by-case basis, where a catastropic situation, contested services or financial hardship is demonstrated to accept payment of fees and charges for the delivery of various emergency medical services by the Fire and Rescue Department in an amount less than the fee schedule.  (Ord.  2019-59.  Passed 5-6-19.)