TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
FIRE DEPARTMENT
SECTION:
4-1-1: Department Established; Membership
4-1-2: Fire Chief
4-1-3: Appointments And Promotions
4-1-4: Organization
4-1-5: Duties Of Department Members
4-1-6: Command At Fires; Obedience To Orders
4-1-7: Training
4-1-8: Prohibited Acts And Conditions
4-1-9: Enforcement Of Provisions
4-1-10: Key Box Required
4-1-11: Arson Investigator
4-1-12: Charges For Services Inside Or Outside City Or Fire Protection District
4-1-13: Hazardous Materials
4-1-14: False Fire Alarms
4-1-15: Municipal Ambulance Service
4-1-16: National Fire Protection Association Code
4-1-17: Non-Municipal Owned ALS Ambulance Service
4-1-1: DEPARTMENT ESTABLISHED; MEMBERSHIP:
There is hereby created and established a Fire Department consisting of a full time Chief and Assistant Chief, two (2) Captains and such other full time and volunteer members as may, from time to time, be designated by the Mayor and Council. (Ord. 2178, 7-15-1985)
4-1-2: FIRE CHIEF:
   A.   Appointment: The Fire Chief shall be appointed by the Mayor, by and with the advice and consent of the Council. (Ord. 2178, 7-15-1985)
   B.   Powers And Duties:
      1.   Equipment: The Fire Chief shall have the control, subject to the order and direction of the Mayor and City Council, of the Fire Department and all fire apparatus belonging to the City. Whenever any fire apparatus needs repairing, the Fire Chief shall cause the same to be done without delay. (1979 Code §7-2)
      2.   Records And Reports: The Fire Chief shall keep or cause to be kept a record of all meetings of the company and the attendance of the members, a record of all fires and, during the last week in April of each year, file with the City Clerk a full report of such records and attendance and fires, which report shall be under oath. (1979 Code §7-6)
4-1-3: APPOINTMENTS AND PROMOTIONS:
   A.   Appointments to and promotions within the City's Fire Department, except for the Fire Chief, shall be based on ability and qualifications and made from a list of eligibles certified by the Board of Police and Fire Commissioners 1 of the City of Taylorville, State of Illinois, in accordance with such board's rules and regulations. (Ord. 3103, 11-18-2002)
4-1-4: ORGANIZATION:
The Fire Department may have any organization approved by the Council and may hold meetings and engage in social activities with the approval of the City Council. The Secretary of the Fire Department, if any, is elected or appointed and shall keep a record of all meetings and all activities of the Fire Department. No officer shall be elected or appointed within the organization of the Fire Department without approval of the Mayor and Council. (1979 Code §7-5)
4-1-5: DUTIES OF DEPARTMENT MEMBERS:
It shall be the function and the duty of the Fire Department and every member thereof to extinguish accidental or destructive fires and to prevent the occurrence or spread of such fires. (1979 Code §7-7)
4-1-6: COMMAND AT FIRES; OBEDIENCE TO ORDERS:
In case of fire, the Fire Chief and his officers shall rank in the following order: Fire Chief, Assistant Fire Chief, Captains and the officer of the highest rank at the fire shall take command of the Fire Department and direct the management thereof for the suppression of the fire, and when it may be necessary for the protection of other property and to prevent the spread of conflagration, the officer in command may cause buildings to be removed, torn down or destroyed in the best manner possible. (Ord. 2178, 7-15-1985)
Any fireman in attendance at a fire who shall neglect or refuse to obey the order of the officer in command at such fire shall, upon conviction, be punished as provided in Section 1-4-1 of this Code. (1979 Code §7-8)
4-1-7: TRAINING:
The City hereby elects to participate in the programs provided for in the Illinois Fire Protection Training Act 2 .
Before an individual may commence regular full time employment as a firefighter, he must have been certified by the Illinois State Fire Marshal as a firefighter II, as having successfully completed an approved training course as provided in said Act.
The firefighter II certification must be completed by the trainee within his probationary period of twelve (12) months. Failure of any trainee to complete such basic training and certification within the required period will render that individual and local governmental agency ineligible for reimbursement funding for basic training for that individual in the fiscal year in which his probationary period ends. The individual may later become certified without reimbursement. (Ord. 2260, 9-8-1987)
4-1-8: PROHIBITED ACTS AND CONDITIONS:
   A.   Unauthorized Use Of Equipment: Whoever shall use any fire engine, hose, cart or any other apparatus belonging to the City for any private purpose, other than the extinguishment of fires, or whoever shall remove the same or any part thereof from its place of deposit or, having control thereof, shall permit such engine, hose, cart or other apparatus to be used for any private purpose other than aforesaid shall, upon conviction, for each offense, be punished as provided in Section 1-4-1 of this Code.
   B.   Damage To Property: Whoever shall wilfully or negligently break, deface or in any manner injure any fire engine, hose equipment or other fire apparatus belonging to the city or shall remove any screw, bolt, nut or any part of such engine or other fire apparatus or in any manner interfere with the same when being used by the proper person or authority shall, upon conviction, be punished as provided in section 1-4-1 of this code. (1979 Code § 7-10; amd. 1993 Code)
   C.   Entering Firehouses: It shall be and it is hereby declared unlawful for any person to enter the fire department house or any place where the equipment and apparatus of the fire department is stored at any time except on business pertaining to the fire department or other city business. The penalty for the violation of this subsection shall be as provided in section 1-4-1 of this code. (1979 Code § 7-11; amd. 1993 Code)
4-1-9: ENFORCEMENT OF PROVISIONS:
It shall be the duty of all officers of the fire department and all police officers of the city to see that the provisions of this chapter are enforced and to arrest on view any person who shall be found violating any of the provisions of this chapter or who shall hinder, resist or refuse to obey any such officer in the discharge of his duty, and to that end, all such officers are hereby vested with the usual power and authority of police officers 3 . (1979 Code § 7-9)
4-1-10: KEY BOX REQUIRED:
   A.   For purposes of this section, a "key box" shall mean a high security, heavy duty locking metal box capable of at least holding an entrance key or keys to the premises where the "key box" is located, and which "key box" must be approved by the fire department.
   B.   A "key box" shall be installed and mounted near the main building entrance or property entry gate or at an entrance or area approved by the fire department of all business, commercial or industrial buildings constructed after July 17, 2000. Such "key box" shall have therein at all times an entrance key or keys to such building and/or gate. A master key to such "key box" shall be provided to the fire department immediately following construction of such building. It shall be the responsibility of the owner(s) of such building to fully comply with this section. (Ord. 2974, 7-3-2000)
   C.   A "key box" shall be installed and mounted near the main building entrance or property entry gate or at an entrance or area approved by the fire department of all business, commercial, or industrial buildings that are subject to the building permit requirements as set forth in subsection 9-1-1A of this code. (Ord. 3224, 4-4-2005)
4-1-11: ARSON INVESTIGATOR:
   A.   There is hereby created and established the position of arson investigator within the fire department. The fire chief, by and with the advice and consent of the mayor and city council as determined by motion duly adopted by majority vote from time to time, shall designate the person or persons who shall serve in the position as an arson investigator for the fire department. Such arson investigator shall be specifically responsible for the investigation of suspected arson fire incidents subject to the control and supervision of all his or her superior officers (including, but not limited to, the fire chief) and the mayor.
   B.   Any candidate for the position of arson investigator must first receive the arson investigator certificate issued by the office of the state fire marshal for the state of Illinois, after having satisfied all state of Illinois prerequisites for certification as an arson investigator. (Ord. 3004, 1-2-2001)
4-1-12: CHARGES FOR SERVICES INSIDE OR OUTSIDE CITY OR FIRE PROTECTION DISTRICT:
   A.   Definitions:
   NONRESIDENT: Any person who does not currently reside within the boundaries of the city of Taylorville or the Taylorville fire protection district.
   SERVICES: Fire protection, emergency medical and/or rescue services and/or water recovery and/or hazardous material spills and/or any situation where the fire department service is requested.
   B.   Services Agreement: Other than pursuant to the city of Taylorville's (city's) agreement for fire protection services and emergency medical and/or rescue services with the Taylorville fire protection district (district), the city is not required to supply any firefighting services and/or fire protection services and/or medical and/or rescue services outside the corporate limits of the city. Upon rendering said services inside, or outside the corporate limits of the city or of the boundary limits of the Taylorville fire protection district, to nonresidents of the district/city, it is anticipated the city will recoup fees from those services.
Excepting any mutual aid agreement or MABAS, all firefighting services and/or fire protection services and/or medical and/or rescue and/or emergency services provided by the city's fire department inside or outside the corporate limits of the city, or inside and/or outside the boundary limits of the Taylorville fire protection district shall be provided only upon the condition that the fees set forth herein for such services are charged, levied, and collected in the manner set forth herein.
For purposes hereof, firefighter services and fire protection services shall also include, but are not limited to, responding to and/or cleaning up and/or removal and/or any remedial action regarding any and all spillage or release, or any and all threats or risks of a spillage or release, of any and all hazardous wastes and/or materials and/or chemicals, emergency medical services including ambulance transports (section 4-1-15 of this chapter), and the following services when provided to nonresidents of the city or district: motor vehicle fire suppression, nonresident collision or accident response, auto extrication, and vehicle water recovery services.
   C.   Fees And Charges: The fees and charges for such firefighting service and/or fire protection service and/or medical and/or rescue and/or emergency service shall be fixed, charged, and collected at the following rates:
      1.   One hundred twenty five dollars ($125.00) for each hour or part thereof for each city firetruck or fire vehicle or rescue truck or rescue vehicle dispatched and/or recalled for such firefighting service and/or fire protection service and/or medical and/or rescue and/or emergency service.
      2.   Thirty five dollars ($35.00) for each hour or part thereof for each city full time or volunteer fireman dispatched and/or recalled for such firefighting service and/or fire protection service and/or medical and/or rescue and/or emergency service.
      3.   All hourly fees shall be rounded to the nearest one-fourth (1/4) hour with the time calculated from the time that each such truck or vehicle and each such personnel are dispatched from the city's fire station for such service(s) until such truck(s), vehicle(s), and personnel return to the city's fire station from providing such service(s).
      4.   In addition to such hourly rate fees, a charge shall be levied to reimburse the city for extraordinary expenses of materials used in rendering such service(s).
      5.   Notwithstanding the above, there shall be assessed a minimum charge of four hundred dollars ($400.00) for each motor vehicle collision or accident and/or for each hazardous waste incident and/or chemical spill incident; and a minimum charge of two hundred fifty dollars ($250.00) for each motor vehicle fire call not incidental to a motor vehicle collision or accident, and any vehicle water recovery incidents.
      6.   A five hundred dollar ($500.00) charge shall be assessed for any nonresident accident that requires extrication services.
      7.   The fee for nonemergency standby service to any commercial enterprise shall be seventy five dollars ($75.00) per hour with the exception of special events authorized by the fire chief.
      8.   Emergency service fees shall be evaluated on an annual basis and adjusted if deemed necessary by the city of Taylorville emergency services committee.
      9.   All such fees and charges shall be due and payable to the city on or before the thirtieth calendar day following the date of the city's statement for such fees and charges and there shall be assessed and collected interest on the unpaid balance of such charges from time to time computed at the annual percentage rate of eighteen percent (18%) for each day thereafter until such statement of fees and charges is fully paid.
      10.   The billing for such fees and charges shall be done by the city of Charleston under the current intergovernmental agreement. The city's fire chief shall promptly report to the city of Charleston the detail of services, the name and address of the owner(s) and/or occupant(s) of the property and/or the name and address of the person(s), business(es), or other entity(ies) for whom such services were rendered, the amount of fees and charges due hereunder, and the name and address of any applicable accident, casualty, or fire insurance company for such owner(s) and/or occupant(s) and/or person(s) and/or business(es) and/or entity(ies) if identified to the fire chief.
      11.   Each owner, occupant, person, business, and other entity who receives the benefit of such firefighting services and/or fire protection services, and/or medical and/or rescue and/or emergency services and/or who owned or operated or occupied a vehicle involved in a motor vehicle collision or accident or in a motor vehicle fire or in vehicle water recovery incident, shall be liable, jointly and severally, to the city to pay and shall pay for such firefighting services and/or fire protection services, and/or medical and/or rescue and/or emergency services in accordance with the rate of fees and charges set forth in this section. Such statement of fees and charges shall be billed directly to such owner(s), occupant(s), person(s), business(es) or other entity(ies), with a copy to any identified applicable accident, casualty, or fire insurance company providing insurance coverage for such person(s), business(es) or other entity(ies).
      12.   Each such owner, occupant, person, business, and other entity shall be further liable, jointly and severally, to the city and shall further pay the city's reasonable attorney fees and expenses and costs, including, but not limited to, any applicable court costs, incurred in attempting and/or to realize collection of the amounts due under this section.
      13.   All funds collected hereunder shall be paid into the general corporate fund of the city.
      14.   Nothing herein shall operate to bar the city from any recovery of funds from or through any state and/or federal government, agency, or political subdivision under any applicable statute, regulation, or rule. (Ord. 3661, 3-17-2014)
4-1-13: HAZARDOUS MATERIALS:
   A.   Definitions: As used in this section, the following terms shall have the following meanings:
   CITY: The city of Taylorville.
   CLEANUP: Includes all the activities necessary to contain, collect, analyze, treat, disperse, remove and dispose of hazardous materials and/or environmentally damaging substances, in a proper manner, and to restore the site to preincident condition.
   COSTS: All expenses incurred by the Taylorville fire department or the city and any other public agency assisting as a result of any mitigating or remediating actions. Costs include, but are not limited to, contractual services, wages, salaries, damaged or destroyed equipment, spill control supplies, protective clothing, firefighting or vapor suppressing foam, medical care and medical supplies. Costs include expenses incurred by the city for the supervision and verification of mitigating or remediating activities. Costs shall not include the expense of actual fire suppression services and emergency medical services which are normally or usually provided to the public by the Taylorville fire department, except as those costs directly relate to hazardous materials or environmentally damaging substances, such as mitigating and remediating activities by the Taylorville fire department hazardous material response, and firefighting foam operations at petroleum spills and fires. The billing for such fees and charges shall be done by the city clerk's office; and the city's fire chief and/or respective superintendent shall promptly report to the city clerk the detail of services, the name and address of the owner(s) and/or occupant(s) of the property and/or the name and address of the person(s), business(es), or other entity(ies) for whom such services were rendered, the amount of fees and charges due hereunder, and the name and address of any applicable accident, casualty, or fire insurance company for such owner(s) and/or occupant(s) and/or person(s) and/or business(es) and/or entity(ies) if identified to the fire chief and/or respective superintendent. Charges for equipment used are taken from the Illinois department of transportation's schedule of average annual equipment ownership expense.
   ENVIRONMENTALLY DAMAGING SUBSTANCES: Any substance spilled or released into the environment in sufficient quantity so as to cause actual or potential human health problems if not dealt with by remedial action, or to contaminate air, land or water.
   FACILITY: Any building, structure, installation, equipment, pipe or pipeline including, but not limited to, any pipe into a sewer or publicly owned treatment works, well, pond, lagoon, impoundment, ditch, landfill, above and below ground storage container, tank, motor vehicle, truck trailer, rolling stock or aircraft, or any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed, or otherwise come to be located.
   FIRE CHIEF: The chief of the Taylorville fire department or his designee.
   HAZARDOUS MATERIALS: Any material, substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive including, but not limited to, any substance or material which is designated a hazardous material pursuant to the "hazardous materials transportation act" (49 USCA, section 1901 et seq.) in a quantity and form which may pose substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of, or otherwise managed. Hazardous materials also includes hazardous substances and hazardous wastes.
   HAZARDOUS SUBSTANCES: Any substance designated under the clean water act and comprehensive environmental response, compensation and liability act (CERCLA) (423 USC section 6901 et seq.) regulated by the United States environmental protection agency because of public health and safety concerns.
   HAZARDOUS WASTE: Discarded material under resource conservation and recover act (RCRA) (42 USC section 6901 et seq.) regulated by the United States environmental protection agency because of public health and safety concerns.
   INCIDENT: A fire, a release or threatened release of hazardous materials or environmentally damaging substances.
   MITIGATING: Any action consistent with permanent, remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the location of the release or storage, confinement, containment, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on site treatment or incineration, provision of alternate water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment.
   MUTUAL AID: Any action taken by the Taylorville fire department or any other public agency pursuant to an intergovernmental agreement, including, but not limited to, any agreement that is part of Christian County SOS Association.
   PERSON: Any individual, business, firm, partnership, corporation, association, trust, estate, joint venture or other legal entity, or their legal representative, agent or assign.
   RELEASE: Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing, exploding or burning of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material or any constituent thereof may enter the environment.
   REMEDIATING: The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize or mitigate damage to the public health or welfare of the environment. The term also includes, but is not limited to, security fencing, provision of alternative water supplies, and temporary evacuation of threatened individuals.
   RESPONSE: Any mitigating or remediating action taken, initiated or coordinated by the Taylorville fire department or city of Taylorville.
   RESPONSIBLE PARTY:
      1.   The owner and operator of a facility or vessel from which there is a fire or release or substantial threat of release of a hazardous material or environmentally damaging substance;
      2.   Any person who, at the time of disposal, transport, storage or treatment of a hazardous material or environmentally damaging substance owned or operated the facility, or vehicle used for such disposal, transport, treatment or storage from which there was a fire, release or substantial threat of a release of any such hazardous material, or environmentally damaging substances;
      3.   Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials or environmentally damaging substances;
      4.   Any person who accepts or accepted any hazardous materials or environmentally damaging substances for transport to disposal, storage or treatment sites from which there is a fire, release or substantial threat of release of hazardous materials or environmentally damaging substances;
      5.   In the case of an abandoned facility or vehicle any person owning or operating the abandoned facility or any person who owned or operated or otherwise controlled activities at the abandoned facility immediately prior to abandonment;
      6.   In the case of a land trust owning or operating a facility or vehicle the person owning the beneficial interest in the land trust.
   B.   Prohibited Acts: No person shall cause, threaten or allow the release of hazardous materials into the environment unless such release is in accordance with an appropriate permit granted by the Illinois environmental protection agency or other state or federal agency having primary jurisdiction over the release and such release is in such place and manner as will not create a substantial present or potential hazard to human health, property or the environment. Any prohibited release is hereby declared a public nuisance. This shall be an absolute liability offense.
   C.   Response Authority:
      1.   The fire chief or his authorized representative shall have authority to respond to any release or threatened release of hazardous materials within the territory of the Taylorville fire department or affecting the public water supply, wells or sewage treatment works located within the city or pursuant to any lawful intergovernmental agreement to which the city is a party. This authority includes, but is not limited to, remedial action and removal.
      2.   The fire chief shall have primary authority to respond to any release or threatened release of hazardous materials as described above. The fire chief shall report any release or threatened release of hazardous materials to all appropriate federal, state and local public health, safety and emergency agencies within twenty four (24) hours of any substantial release of hazardous materials. The fire chief shall relinquish his response authority at such time, if, as the federal, state or local public health, safety or emergency agency having primary jurisdiction over the release or threatened release has assumed responsibility for response to the release or threatened release.
      3.   The fire chief, during such time as response authority is vested in him, shall be authorized to utilize all Taylorville fire department personnel and equipment and he may, in his sole discretion, take such mitigating or remediating action as he may deem necessary or appropriate to respond to the release or threatened release of hazardous material.
      4.   All responding personnel shall cooperate with and operate under the direction of the fire chief or other person then exercising response authority under this section until such time as the person exercising such response authority has determined that the response is complete or responsibility for response is assumed by the federal, state or local public health, safety or emergency agency having primary jurisdiction over the release or threatened release.
      5.   The person exercising response authority under this section shall coordinate and/or cooperate with other federal, state or local public health, safety or emergency agencies involved in response to the release or threatened release of hazardous materials.
   D.   Responsible Party Or Parties; Liability For Costs:
      1.   Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection E of this section, the following persons shall be jointly and severally liable for all costs of mitigating and remediating action incurred by the city as a result of a release or threatened release of a hazardous material:
         a.   The owner and operator of a facility or vessel from which there is a fire or release or substantial threat of release of a hazardous material or environmentally damaging substance;
         b.   Any person who, at the time of disposal, transport, storage or treatment of a hazardous material or environmentally damaging substance owned or operated the facility, or vehicle used for such disposal, transport, treatment or storage from which there was a fire, release or substantial threat of a release of any such hazardous material, or environmentally damaging substances;
         c.   Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials or environmentally damaging substances owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials or environmentally damaging substances;
         d.   Any person who accepts or accepted any hazardous materials or environmentally damaging substances for transport to disposal, storage or treatment sites from which there is a fire, release or a substantial threat of release of hazardous materials or environmentally damaging substances;
         e.   In the case of an abandoned facility or vehicle any person owning or operating the abandoned facility or any person who owned or operated or otherwise controlled activities at the abandoned facility immediately prior to abandonment;
         f.   In the case of a land trust owning or operating a facility or vehicle the person owning the beneficial interest in the land trust.
   E.   Defenses: There shall be no liability under subsection D of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous material/substance and the damages resulting therefrom were caused solely by an act as enumerated in 415 Illinois Compiled Statutes 5/22.2.
   F.   Costs And Penalties:
      1.   Any person who is liable for the release or threatened release of a hazardous material who fails without sufficient cause to pay for or provide mitigating or remediating action upon or in accordance with a notice and request of the Taylorville fire department, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the Taylorville fire department for any costs incurred by the Taylorville fire department as a result of such failure to provide or take such mitigating or remediating action, together with the cost of any removal or remedial action taken by the Taylorville fire department in accordance with this section, and all attorney fees and related legal costs incurred in connection therewith.
      2.   In addition, any such person shall be guilty of a violation of this section and shall be fined not less than four hundred dollars ($400.00) for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues. If a violation is found to be the result of wilful and/or wanton conduct or gross negligence, or the person committing such violation attempts to evade responsibility hereunder by leaving the scene of the occurrence or by other means, that person shall be subject to a fine as provided for above or a fine in an amount equal to three (3) times the costs, including attorney fees and legal costs, for which it is liable under subsection F1 of this section, whichever is greater.
      3.   Charges for mitigating or remediating action when rendered by the Taylorville fire department or any other agency rendering mutual aid shall be as follows:
         a.   One hundred twenty five dollars ($125.00) for each hour or part thereof for each city firetruck or fire department vehicle.
         b.   Forty five dollars ($45.00) for each hour or part thereof for each city full time, and thirty five dollars ($35.00) for each hour or part thereof for each volunteer firefighter dispatched and/or recalled.
         c.   All hourly fees shall be rounded to the nearest one-fourth (1/4) hour with the time calculated from the time that each such fire department vehicle and each such personnel are dispatched from the city's fire station for such service(s) until such vehicle and personnel are returned to the city's fire station and subsequently released from the duties of the response.
         d.   In addition to such hourly rate fees, a charge shall be levied to reimburse the city for extraordinary expenses of materials used in rendering such service(s). Materials and equipment used, expended, depleted, destroyed or removed from service in accordance with federal, state or local ordinance as a result of the mitigation or remediation operations of or at the request of the city of Taylorville or any responding agency.
         e.   Each responsible party shall remit payment to the city of Taylorville treasurer within thirty (30) days upon written notification of cost.
   G.   Cleanup:
      1.   A responsible party or parties shall clean up the facility and site at which there has been a fire, release or threatened release of hazardous materials or environmentally damaging substances. The removal shall be in accordance with state and federal laws, rules and regulations. The site shall be restored to preincident condition and meet Illinois environmental protection agency (IEPA) standards. The site shall, after cleanup, have a general good appearance and shall also be free of noticeable odors or liquid runoff. Any remediating actions shall prevent or minimize the release of hazardous materials or environmentally damaging substances to prevent a substantial presence of potential hazard to human health, property or the environment.
      2.   The fire chief or his or her designee shall supervise and verify the adequacy of all remediating activities.
      3.   The fire chief or his or her designee shall have the authority to order the responsible party or parties of a fire, release or threatened release of hazardous materials to hire a cleanup contractor to clean up the site if the responsible party or parties are not equipped or prepared to properly handle hazardous materials or environmentally damaging substances. No person shall disobey the order of the fire chief or his or her designee. (Ord. 3297, 6-19-2006)
4-1-14: FALSE FIRE ALARMS:
   A.   Definition: A "false fire alarm" is defined as follows: The activation of an alarm system through mechanical failure, malfunction, improper installation or through the negligence of the owner, or lessee of an alarm system or of his employees or agents or other cause. In addition, a "false fire alarm" is an alarm system signal eliciting a response by the fire department or designated agency when a situation requiring a response by the fire department does not, in fact, exist. "False fire alarm" does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. (Ord. 3386, 6-2-2008)
   B.   Fees:
      1.   Commercial/business alarms and residential alarms shall both be allowed two (2) false fire alarms in a consecutive ninety (90) calendar day period at no charge. Commercial/business alarms and residential alarms shall be charged a fee of fifty dollars ($50.00) for a third and fourth false fire alarm in a consecutive ninety (90) calendar day period notwithstanding the fees imposed in subsection B2 of this section. For the purposes hereof, a "consecutive ninety (90) calendar day period" shall commence to run from the date of the first false fire alarm offense.
      2.   Notwithstanding the fees charged for false fire alarms of commercial/business alarms and residential alarms set forth in subsection B1 of this section, fees shall also be imposed for false fire alarms of commercial/business alarms and residential alarms based on the number of false fire alarms in a year in the amounts as set forth as follows:
 
Number Of False Fire Alarms
  In A Year 
Fee Imposed (For Each
False Fire Alarm)
First 4
No fee (with the exception that the fees imposed on said 90 calendar day period basis as set forth in subsection B1 of this section shall still apply)
5th through 10th
$  50.00
11th through 15th
100.00
16th and over
175.00
 
(Ord. 3630, 8-5-2013)
   C.   Testing: No alarm system designed to transmit emergency messages to the fire department through intermediate services shall be tested or demonstrated without first notifying the fire department dispatcher at Christian County 9-1-1. An alarm user who fails to comply with this subsection shall be charged a fee of one hundred dollars ($100.00) and said alarm shall count toward the alarm limits in subsection B1 of this section.
   D.   Notification: Whenever an alarm is activated thereby requiring emergency response to the location by the fire department, and the fire department does respond, the fire department personnel on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was, in fact, required as indicated by the alarm system or whether the alarm signal was a false fire alarm. In determining whether an alarm is a false fire alarm, all circumstances shall be considered.
If the Fire Department personnel at the scene of the activated alarm system determines the alarm to be false, said officer shall make a report of the false fire alarm.
The Chief of the Fire Department or the designee of the Fire Chief shall cause a notification of the false fire alarm report to be mailed, by certified mail, or delivered to the alarm user at the address of said alarm system installation location, advising the alarm user of the false fire alarm.
An alarm user who receives said notification shall have five (5) days within which to inform the Chief of the Fire Department that the alarm user disputes the existence of the false fire alarm. If the alarm user fails to make said notification within the stated time, it shall be presumed that the existence of the false fire alarm has been acknowledged.
   E.   Investigation: The Chief of the Fire Department or his designee shall have the right to inspect any alarm system on the premises to which a response has been made, and he may cause an inspection of such system to be made at any reasonable time thereafter.
   F.   Response By Alarm User: Whenever an alarm user or owner of the protected premises is notified or aware that their alarm system has been activated, the alarm user or owner's designated representative shall cooperate with any investigation undertaken by City personnel in responding to the activated alarm. This shall include, but not be limited to, the alarm user's or owner's presence at the premises protected by said alarm within a reasonable period of time after the alarm or owner becomes aware that the alarm has been activated. Furthermore, the use of an alarm system and its activation shall constitute consent on the part of the alarm user and owner of the premises to City personnel permitting said personnel to enter the premises to investigate the cause(s) of the alarm. The alarm user's or owner's failure to cooperate in any of the foregoing investigations shall constitute a violation of this Section and subject the alarm user or owner or both to a fine in an amount not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
   G.   Payment: Any person, firm, or corporation assessed a false fire alarm fee hereunder shall make payment in full to the City Clerk within thirty (30) days of receiving notice of the fee charged. The number of false fire alarms will be counted per system. The fact that an alarm user subscribes to an alarm system shall be no defense. This fee is imposed whether the Fire Department or the designated agency received the alarm by direct connection or through an intermediary such as an answering service or modified central station. The fee imposed by this Section is imposed solely when the choice is made to employ an alarm system. If the possessor of the alarm shows to the satisfaction of the Fire Chief that the false fire alarm was not the result of negligence or improper maintenance, such fee may be waived. (Ord. 3386, 6-2-2008)
4-1-15: MUNICIPAL AMBULANCE SERVICE:
   A.   Established Authority:
      1.   Established: There is hereby established a Municipal ambulance service to be incorporated within the Fire Department for the purposes of providing emergency and nonemergency care and transportation of sick, injured and disabled citizens within the limits of the City of Taylorville and Taylorville Fire Protection District (TFPD) and beyond the limits according to policies.
      2.   Authority: The operation of the ambulance service shall be under the direction of the Fire Chief.
      3.   Operation And Maintenance Of Emergency Vehicle: The Fire Department, through appropriately trained personnel, is hereby authorized to operate and maintain an emergency vehicle for emergency advanced life support rescue transport services.
      4.   Services Provided: The Fire Department shall provide emergency advanced life support ambulance rescue services.
      5.   Guidelines: The operations of the TFD ambulance will be subject to the guidelines under SOG #211 "Ambulance Deployment" adopted herein by reference. (Ord. 3558, 4-16-2012)
   B.   Ambulance Fees:
      1.   For emergency advanced life support rescue transport services rendered, which consists of transport from the scene of an incident to any hospital or medical facility, the following fees shall be assessed and paid:
         a.   If the patient is a resident of the City of Taylorville ("City") or of the Taylorville Fire Protection District ("TFPD"), the fee shall be seven hundred dollars ($700.00) plus ten dollars forty one cents ($10.41) per mile from the scene of an incident to any hospital or medical facility.
         b.   If the patient is a nonresident of the City or TFPD, the fee shall be seven hundred seventy five dollars ($775.00) plus ten dollars forty one cents ($10.41) per mile from the scene of the incident to any hospital or medical facility.
      2.   For advanced life support non-transport services rendered, the following fees shall be assessed and paid:
         a.   If the patient is a resident of the City or TFPD, the fee shall be seventy five dollars ($75.00).
         b.   If the patient is a nonresident of the City or TFPD, the fee shall be one hundred twenty five dollars ($125.00).
      3.   A fee (on a current cost basis as determined by the Fire Chief) shall be assessed and paid for all disposable medical supplies that are used by the Municipal ambulance service in treatment of any patient.
      4.   A fee of seventy five dollars ($75.00) per hour shall be assessed and paid for nonemergency standby service to any commercial enterprise, with the exception of special events as may be authorized from time to time by the Fire Chief in his sole discretion.
      5.   A fee of five hundred dollars ($500.00) shall be assessed and paid for any vehicle accident that requires extrication for a nonresident of the City or TFPD.
      6.   A fee of two hundred dollars ($200.00) shall be assessed and paid for each TFD apparatus or ambulance response to any call for service that turns out to be for a non-emergency service that includes, but is not limited to, the following examples: routine doctor visits, transfers between medical facilities (including nursing homes) or clinics, general "stretcher van" calls, calls to locate any handheld electronic device not critical to health or life support, calls to assist any person with normal daily living activities, or any ambulance response to any frivolous non-emergency call for service that does not involve any acute or critical or serious traumatic injury or ailment.
The TFD can refuse to respond to any further calls for ambulance service from or for any person that has been involved with one or more ambulance service in non-emergency situations as aforesaid stated.
      7.   The patient who received the benefit of any TFD ambulance or personnel services or for whom the ambulance response was made and his/her spouse, guardian of the person and/or estate, power of attorney agent, trustee, caretaker, heirs, administrators, executors, legal and/or personal representatives shall be jointly and severally liable for and shall pay the aforesaid applicable fees. All such fees shall be due and payable within thirty (30) days of receipt of a bill from the City.
      8.   Ambulance fees shall be evaluated on an annual basis and adjusted if deemed necessary by the City of Taylorville Emergency Services Committee. (Ord. 3894, 4-15-2019)
   C.   Billing: Billing services will be provided by the City of Charleston under the current intergovernmental agreement. (Ord. 3558, 4-16-2012)
4-1-16: NATIONAL FIRE PROTECTION ASSOCIATION CODE:
   A.   A copy of the NFPA 1, Fire Code - 2018 edition as published by the National Fire Protection Association is on file with the City Clerk's Office. Such NFPA 1 Fire Code - 2018 edition advances fire and life safety for the public and first responders as well as property protection by providing a comprehensive, integrated approach to Fire Code regulation and hazard management.
   B.   To the extent not inconsistent with other applicable regulations in this Code, such NFPA 1, Fire Code - 2018 edition is hereby adopted and incorporated herein by reference thereto; and the terms and provisions of such NFPA 1, Fire Code shall apply to and govern Fire Code regulation and hazard management by the City's Fire Department. (Ord. 3853, 7-16-2018)
4-1-17: NON-MUNICIPAL OWNED ALS AMBULANCE SERVICE:
   A.   Definitions: For the purpose of this Section 4-1-17, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      1.   ADVANCED LIFE SUPPORT (ALS): A level of ambulance service also referred to as Advanced EMT by the Illinois Emergency Medical Services (EMS) systems under the Illinois Department of Public Health rules and regulations.
      2.   ALS AMBULANCE: A non-municipal owned ambulance that is licensed by the State of Illinois to provide advanced life support services, but such ALS ambulance shall not utilize the "In-Field Service Level Upgrade" option under the Illinois Department of Public Health (IDPH) rules and regulations.
      3.   OWNER/OPERATOR: An owner/operator of a non-municipal owned ambulance company or entity that provides ALS ambulance services within the city and within the Taylorville Fire Protection District.
      4.   CITY: The City of Taylorville, Illinois, a municipal corporation.
      5.   LICENSE: Written permission from the city to operate a non-municipal ALS Ambulance service within the corporate limits of the city and of the Taylorville Protection District.
   B.   License Required and Additional Requirements:
      1.   It shall be unlawful for any owner/operator to operate any non-municipal owned ambulance service within the city or within the Taylorville Fire Protection District without having first obtained and operating under a license issued from the city and which is in effect.
      2.   It shall be unlawful for any owner/operator to violate any of the terms or provisions of this section 4-1-17.
      3.   No license shall be issued to any owner/operator until and unless the owner/operator meets and satisfies the minimum requirements set forth in this section 4-1-17.
      4.   The form of the application for the license shall be on such form as the city may approve from time to time; and the owner/operator shall provide the city with all information required in such application.
      5.   As a condition of the license, the owner/operator shall comply with any and all other city code provisions, ordinances, rules and regulations relating to ambulance services and the operation of vehicles within the city as are now in effect or as may be in effect from time to time hereafter.
      6.   As a further condition of the license, the owner/operator agrees to and shall use it best efforts to provide a minimum of a ninety (90) day written notice to the city prior to terminating its ALS Ambulance service in whole or in part within the city and/or within the Taylorville Fire Protection District; but in any event the owner/operator agrees to and shall provide minimum of a sixty (60) day written notice to the city prior to terminating its ALS Ambulance service in whole or in part within the city and/or within the Taylorville Fire Protection District.
      7.   As a further condition of the license, the owner/operator agrees to and shall provide ALS Ambulance services within the city and within the Taylorville Fire Protection District.
      8.   As a further condition of the license, the owner/operator shall keep their ambulance fleet records updated as ambulances are rotated out of ALS Ambulance service.
      9.   The following additional requirements shall be met by the owner/operator prior to the issuance of and as conditions for a License:
         a.   The owner/operator shall provide the city with the full legal name and address of each individual shareholder, member, manager, partner and  person who owns an interest in and to the entity or entities (eq. a corporation, limited liability company, limited partnership, limited liability partnership, partnership, sole proprietorship, or other organization) formed by the owner/operator to provide the ALS Ambulance services; and the trade names under which the owner/operator intends to conduct the ALS Ambulance service business.
         b.   The owner/operator shall provide the city with the following information for each ambulance to operate under the license:
            (1)   Make;
            (2)   Model;
            (3)   Year of manufacture; and
            (4)   Current state license number.
         c.   The owner/operator shall provide the address of each facility located within the city that will be used by the owner/operator to operate its ambulance service under such license; and the owner/operator shall headquarter its ambulance services, crews, and ambulances in a facility located within the city.
         d.   The owner/operator shall have in effect at all times all licenses and certifications required by the State of Illinois and the Illinois Department of Public Health to operate an ALS Ambulance service; and the owner/operator shall provide a copy of all such licenses and certifications to the city at the time of application for a License, and within five (5) business days of the owner/operator's receipt of each renewal license and/or certification as the case may be from the appropriate licensing and/or certifying entity or agency.
         e.   The owner/operator shall provide and maintain, twenty-four (24) hours per day/ seven (7) days week/ three hundred sixty-five (365) days per year, a minimum of one (1) ambulance in good operating condition at all times that is fully equipped and licensed as required by the laws and regulations of the State of Illinois and of the Illinois Department of Public Health for operation of ambulance services and which is manned by qualified personnel at all times who, as a minimum, meet the requirements and are duly licensed as Advanced EMT under the laws and regulations of the State of Illinois and of the Illinois Department of Public Health to provide Advance Life Support service. Any additional ambulances that an owner/operator shall determine to immediately operate 911 emergency calls under a license shall likewise meet the aforesaid ambulance equipment, licensed manned personnel, and  twenty-four/seven (24/7), seven (7) days/week, three hundred sixty-five (365) days per year time operational requirements. Each ALS Ambulance is required to be equipped and staffed by personnel and shall meet the ALS level of ambulance service at all times under the rules and regulations of the State of Illinois and of the Illinois Department of Public Health in lieu of utilizing and shall not utilize the "In-Field Service Level Upgrade" option under the Illinois Department of Public Health (IDPH).
         f. The owner/operator shall provide such other operational information that may be requested by the city from time to time. Any owner/operator providing ALS Ambulance service as of May 1, 2019 will have the first annual fee waived but shall be required to provide the city all required information and documentation as set forth in this section 1-4-17 and obtain a license to continue to operate an ALS Ambulance service within the city.
         g.   The owner/operator shall notify Christian County 911 every time each of its ambulances goes in service or out of service. The owner/operator shall maintain accurate records utilizing Christian County 911 dispatch times for all calls generated through a 911 emergency response. Such records shall include the calls for service received within the city and within the Taylorville Fire Protection District, the number of cancelled calls, the identification of the responding ambulance, and the names of the attendants responding. Such records that reflect response times shall be available to the city on a requested basis from time to time either in hard copy or other media. Upon a five (5) calendar day written notice mailed to the owner/operator at the address shown on the license, the city shall have the right to inspect, at any time or times during normal business hours (i.e. between the hours of 9:00 a.m. and 5:00 p.m. Monday thru Fridays of each week) the aforesaid records of the owner/operator within the allowable limits of the Health Insurance Portability and Accountability Act (HIPAA).
      10. The annual fee to apply for and/or for the issuance of the license shall be five hundred dollars ($500.00).  Unless sooner revoked or terminated, a license shall be valid for a period of three hundred sixty-five (365) days following issuance of the license.
   C.   Rates and Charges:
      1.   The rates and charges for ambulance service under the license shall be determined and collected by the owner/operator from time to time.
   D.   Penalty:
      1.   Any owner/operator found to have been in violation of any of the terms and provisions of this section 4-1-17 shall be assessed a fine or penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day upon which a violation occurs or continues shall be deemed to be a separate offense. A violation hereof may be established by a preponderance of the evidence. 
   2.   In addition to the fine and penalty as set forth in the preceding subparagraph D.1. above, and not in lieu thereof, the Mayor may revoke the license of an owner/operator or suspend such license for such time as he may deem appropriate, all as determined from time to time by the Mayor in his sole discretion. (Ord. 3896, 5-20-2019)

 

Notes

1
1. See Title 2, Chapter 4 of this Code.
2
1. 50 ILCS 740/1.
3
1. See also subsection 1-9-4C of this code.