(a) Title, Authority, Purpose, and Definitions.
(1) Title. This ordinance shall be known and cited as the City of Clarksburg Fire Department Cost Recovery Ordinance for the City of Clarksburg, West Virginia, and will be hereinafter referenced to as the “Ordinance".
(2) Authority. This ordinance is adopted pursuant to West Virginia Code § 7-l-3d and that ordinance entitled Ordinance Authorizing Volunteer Fire Companies and Paid Fire Companies to Charge Fees as enacted by the County Commission of Harrison County, West Virginia, authorizing volunteer fire companies and paid fire companies to charge reasonable reimbursement fees for personnel and equipment used in performing firefighting services, victim rescue, and cleanup of debris, and hazardous material by deparbnent personnel.
(3) Purposes. The City of Clarksburg Fire Deparbnent is engaged in providing fire suppression, fire rescue and safety services in response to incidents. In consideration of services rendered hereby desires to set the following Cost Recovery policy for Fire Department Services.
A. To protect the citizens of Clarksburg from potential expenses incurred through emergency response and services provided.
B. To compensate the City of Clarksburg for use of city resources in response to fire caused by arson, illegal burning, traffic incidents, motor vehicle accidents and incidents involving operating under the influence.
C. To promote the health, safety, and general welfare of Clarksburg residents. Fire services will not be denied due to a person's lack of adequate funds or insurance. No one should hesitate to call 9-1-1 if emergency services are needed.
(4) Definitions.
Arson: The criminal act of deliberately setting fire to property.
Costs: Expenses incurred in/of emergency response, traffic control. extrication of victims, control of hazardous or other materials, control of fire, overall safety.
Fire Chief: The officer in charge of Fire Department operations.
Illegal Burn: A person who illegally set fire to property or goods without a permit or violates the conditions of a local or state law.
Incident Commander: A designated person responsible for all aspects of an emergency scene; including response, developing incident objectives, managing all incident operations, application of resources as well as responsible for all persons involved.
Individual: Any person. corporation, partnership, firm, organization, or other legal entity.
Automatic Mutual Aid Agreement: An agreement the City may have with neighboring departments or other cities to provide incident support and coverage on an as needed basis.
Motor Vehicle Accident When a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole.
O.U 1.: Operation of a motor vehicle while under the influence of liquor or drugs.
Resident of the City of Clarksburg: Any individual domicile in the City of Clarksburg as of the date that the incident occurred and/or services were offered or rendered.
Traffic Incident: Any roadway event to which the City of Clarksburg Fire Department was dispatched, or requested by Harrison-Taylor 911 Center, written mutual aid agreement, or any other state or local agency.
Third Party Agency: A third party agency will contract with the City of Clarksburg, West Virginia for the collecting of reasonable reimbursement fees when the Clarksburg Fire Department is dispatched.
(b) Applicability, Conflicts, Effective Date and Amendments.
(1) Applicability.
A. The provisions of this ordinance shall govern all emergency incident scenes to which the City of Clarksburg Fire Department is dispatched or requested by the Harrison-Taylor 911 Center, written mutual aid agreement, or any state or local agency to; control or confine hazardous materials, extinguish fire, or motor vehicle/traffic incident, or overall scene safety.
B. This ordinance shall be applicable to all individuals who receive emergency services provided by the City of Clarksburg Fire Department as specified in this ordinance.
(2) Responsibility.
A. Property owners or other persons responsible or liable for payment and who are insured, additional insureds, or covered persons of an insurance policy providing coverage for emergency services shall cooperate fully with the City of Clarksburg Fire Department Chief and/or the Incident Commander by providing full and complete information about themselves (names, addresses, phone numbers, and e-mail addresses) and about their insurance carrier and policy, including policy numbers, and names and contact information for their underwriters and agents. The information provided shall enable the City of Clarksburg Fire Chief to file claims with a third-party agency for the recovery of Costs incurred during the incident.
B. In the event that the individual has no insurance, the City of Clarksburg Fire Department will assume Cost and be covered by the department operating budget.
C. Persons identified in subsection (i) of this Section shall be responsible for the payment of the invoice submitted by the Fire Chief within 75 days after the date of the response resulting in such charge.
(3) Conflicts with other Ordinances. This Ordinance shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, by law, permit, or provision of law. Where this Ordinance imposes a greater restriction upon the use of the Fire Department Services, the provisions of this Ordinance shall control.
(c) Administering and Collections.
(1) The municipal Fire Chief of the City of Clarksburg, or his/her designated agent, hereinafter called the Fire Chief: shall be responsible for the following:
A. It shall be the duty of the Fire Chief to create an accurate invoice relating to this ordinance within twenty-four to seventy-two (24 to 72) hours from the date of incident and transmit said invoice to a third party agency for collections of funds. Such invoice must be in writing, itemized by specific services rendered, and show the rate for each such service.
B. A copy of such invoices and fees collected shall be submitted to the Municipal Officers to be maintained as record.
C. A copy of such invoices shall be sent to the Clerk of the County Commission of Harrison County, West Virginia.
(2) It shall be the duty of the Fire Chief to keep a complete record of all incident billing transactions for the City of Clarksburg Fire Department, including individuals involved in the incident.
A. The Fire Chief is responsible for keeping an accurate record of funds received from a third-party agency. Included in the duties, the Fire Chief shall deposit received funds into the account/fund agreed upon by the Fire Department and the City of Clarksburg.
B. The Fire Chief shall keep an up-to-date cost schedule for the Fire Department apparatus, equipment, materials, and manpower for billing purposes.
(d) Fees for Services. The invoice prepared by the Fire Chief may be for reasonable fees for reimbursement based upon personnel and equipment used in responding to the emergency incident and shall not exceed five hundred dollars ($500.00) total, except that the fee for an incident or accident involving hazardous materials or extended search and rescue and water rescue incidents may exceed this amount based on the necessary and reasonable costs incurred.
(Ord. 22-18. Passed 9-15-22.)