§ 31.020 MITIGATION RATES FOR EMERGENCY DEPARTMENTS.
   (A)   (1)   The town shall initiate mitigation rates for the delivery of emergency and non-emergency services by the Fire Department for personnel, supplies, and equipment to the scene of emergency and non-emergency incidents as listed in division (E) below.
      (2)   The mitigation rates shall be based on actual costs of the services and that which is usual, customary, and reasonable (UCR), as shown in division (E) below, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to the document codified herein.
   (B)   A claim shall be filed to the responsible party(s) through his, her, or their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
   (C)   The Fire Department’s Town Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
   (D)   It is found and determined that all formal actions of the Town Council concerning and relating to the adoption of this section were adopted in open meetings of the Town Council, and that all deliberations of the Town Council and any of its committees that resulted in such formal actions were in accordance with all legal requirements, and the codified ordinances of the Town Council.
   (E)   (1)   The mitigation rates below are average “billing levels,” and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.
      (2)   Motor vehicle incidents rates are as follows.
         (a)   Level 1, $435. Provide hazardous materials assessment and scene stabilization. This will be the most common “billing level.” This occurs almost every time the Fire Department responds to an accident/incident.
         (b)   Level 2, $495. Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. The town will bill at this level if the Fire Department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident.
         (c)   Level 3, $605. For car fires, provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident.
         (d)   Level 4, $1,800. Includes Level 1 and 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing, and the like). The town will bill at this level if the Fire Department has to free/remove anyone from the vehicle(s) using any equipment. The town will not bill at this level if the patient is simply unconscious and the Fire Department is able to open the door to access the patient. This level is to be billed only if equipment is deployed.
         (e)   Level 5, $2,200. Includes Levels 1, 2, and 4 services as well as Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter is utilized to transport the patient(s).
         (f)   Level 6, itemized response. The Fire Department has the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed and itemized per apparatus, per personnel, plus products, and equipment used.
   (F)   Additional time on-scene is as follows.
      (1)   Engine billed at $400 per hour.
      (2)   Truck billed at $500 per hour.
      (3)   Miscellaneous equipment billed at $300.
   (G)   HAZMAT levels are as follows.
      (1)   Level 1, $700. For basic responses, the claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up, and command.
      (2)   Level 2, $2,500. For intermediate responses, the claim will include engine response, first responder assignment, HAZMAT certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing, and air and detection equipment, and set-up and removal of decon center.
      (3)   Level 3, $5,900. For advanced responses, the claim will include engine response, first responder assignment, HAZMAT certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment, and robot deployment. Setup and removal of decon center, detection equipment, recovery and identification of material, and disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes three hours of on scene time, with each additional hour at $300 per HAZMAT team.
   (H)   Additional time on-scene (for all levels of service) engine billed at $400 per hour.
   (I)   Truck billed at $500 per hour.
   (J)   Miscellaneous equipment billed at $300.
   (K)   False alarm billing rates are as follows.
      (1)   The first false alarm within 12-months in a calendar year is free of charge.
      (2)   The second false alarm in a 12-month calendar year is billed at $100.
      (3)   The third false alarm in a 12-month calendar year is billed at $200.
      (4)   The fourth through sixth false alarms in a 12-month calendar year are billed at $300 per event not to exceed $500 per calendar day.
   (L)   Fire investigation rates are as follows: Fire investigation team, at $275 per hour, and includes:
      (1)   Scene safety;
      (2)   Investigation;
      (3)   Source identification;
      (4)   K-9/arson dog unit;
      (5)   Identification equipment;
      (6)   Mobile detection unit;
      (7)   Fire report; and
      (8)   The claim begins when the Fire Investigator responds to the incident and is billed for logged time only.
   (M)   (1)   Fires rates are as follows: Assignments shall be $400 per hour, per engine/$500 per hour, per truck, and includes:
         (a)   Scene safety;
         (b)   Investigation; and
         (c)   Fire I Hazard Control.
      (2)   This will be the most common “billing level.” This occurs almost every time the Fire Department responds to an incident.
   (N)   A Fire Department has the option to bill each fire as an independent event with custom mitigation rates, which are itemized, per person, at various pay levels and for itemized products use.
   (O)   (1)   Illegal fires regulations are as follows: Assignments shall be $400 per hour, per engine at $500 per hour, per truck.
      (2)   When a fire is started by any person or persons that requires a Fire Department response during a time or season when fires are regulated or controlled by local or state rules, provisions, or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the Fire Department response at a cost not to exceed the actual expenses incurred by the Fire Department to respond and contain the fire.
         (a)   Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the Fire Department is required to respond to contain the fire the responsible party(s) will be liable for the response at a cost not to exceed the actual expenses incurred by the Fire Department.
         (b)   The actual expenses will include direct labor, equipment costs, and any other costs that can be reasonably allocated to the cost of the response.
   (P)   Water incidents are as follows.
      (1)   Level 1, basic response. The claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, and scene safety and investigation (including possible patient contact and hazard control).
         (a)   This will be the most common “billing level.” This occurs almost every time the Fire Department responds to a water incident; and
         (b)   Billed at $400 plus $50 per hour, per rescue person.
      (2)   Level 2, intermediate response. Includes Level 1 services as well as clean up and materials used (sorbents), minor hazardous clean up, and disposal.
         (a)   The town will bill at this level if the Fire Department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident.
         (b)   Billed at $800 plus $50 per hour, per rescue person.
      (3)   Level 3, advanced response. Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus, and detection equipment:
         (a)    Set-up and removal of decon center, detection equipment, recovery, and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene; and
         (b)   Billed at $2,000 plus $50 per hour per rescue person, plus $100 per hour per HAZMAT team member.
      (4)   Level 4, itemized response. The Fire Department has the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary, and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used.
   (Q)   Back country or special rescue regulations are as follows.
      (1)   Itemized responses, where each incident will be billed with custom mitigation rates deemed usual, customary, and reasonable (UCR).
      (2)   These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used.
      (3)   Minimum billed $400 for the first response vehicle plus $50 per rescue person. Additional rates of $400 per hour per response vehicle and $50 per hour per rescue person.
   (R)   Chief response shall be as follows:
      (1)   This includes the set-up of command, and providing direction of the incident.
      (2)   This could include operations, safety, and administration of the incident.
      (3)   Billed at $250 per hour.
   (S)   Miscellaneous additional time on-scene shall be as follows:
      (1)   Engine billed at $400 per hour;
      (2)   Truck billed at $500 per hour; and
      (3)   Miscellaneous equipment billed at $300.
   (T)   Mitigation rate notes as follows.
      (1)   The mitigation rates above are average “billing levels,” and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.
      (2)   These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department’s “actual personnel expense” and not just a firefighter’s basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers compensation, insurance, and the like.
   (U)   If the invoice is not paid within 90 days, a late charge of 10% of the invoice, as well as 1.5% per month, as well as the actual cost of the collections, will be accessed to the responsible party(s).
(Ord. 2014-8, passed 12-9-2014)