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#7 Introduce ordinance to establish Fire Department emergency response fees (File Ord. #2010-448) JANESVILLE FIRE DEPARTMENT MEMORANDUM January 14, 2010 TO: City Council FROM: Gerry Luiting – Deputy Fire Chief SUBJECT: Introduce and Schedule a Public Hearing on a Proposed Ordinance Establishing Fire Department Emergency Response Fees (File Ord. No. 2010-448) Summary: Total emergency services response activity to incidents continues to increase each year. The costs associated with providing those services also continue to grow while revenues continue to fall. This proposed ordinance provides a mechanism to recover some costs of providing emergency services from the users instead of increasing property taxes. The adoption of an ordinance is necessary to charge for these fees. An attached appendix provides some samples of these billable emergency responses. Recommendation: The Fire Department supports the proposed ordinance which will allow the Fire Department to bill residents and non-residents for emergency response fees. The Fire Department intends to initially only bill for motor vehicle accidents and vehicle fires. Adoption of this proposed ordinance also provides the opportunity for the Fire Department to bill in the future for additional emergency response fees without the need for an additional ordinance. City Manager Recommendation: Consistent with the approval of the budget, the City Manager recommends approval of the ordinance. Suggested Motion: Move to adopt Ordinance 2010-448, an ordinance establishing a program to charge user fees for the rendering of emergency services by the Janesville Fire Department. Background: Total emergency services response activity to incidents continues to increase each year. The costs associated with providing those services have, and continue to grow, at a rate exceeding that of the growth of revenues to provide these services involving equipment and training. This creates additional demands on all operational aspects of the fire department services. The fire department has explored different methods to maintain a high level of quality in emergency service capability throughout times of constantly increasing service demands. Raising property taxes to meet the increase in service demands is not necessarily fair to the property owners, when many motor vehicle incidents and other emergency services involve individuals not owning property 1 or paying taxes in the fire department’s service area. An option is to bill the user of the emergency service and their respective insurance company. The ability of the fire department to effectively respond decreases the liability of insurance companies by saving lives and minimizing property and environmental damage. Analysis: Using 2008 response data, potentially $75,000 could be collected for motor vehicle accidents and motor vehicle fires. A specialized billing company, such as Fire Recovery USA LLC, would be utilized for billing and collections. Other area Fire Departments are currently billing for a variety of emergency responses including Milton, Edgerton, Town of Beloit, Orfordville, Footville, and City of Beloit. Deputy Chief Gerry Luiting will be in attendance at the Council meeting to answer any questions on this proposal that the Council may have. cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Chief Grorud, Fire Chief 2 Appendix A Sample Billable Emergency Responses MOTOR VEHICLE INCIDENTS Level 1 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. Level 2 Includes Level 1 services as well as clean up and material used (absorbents) for hazardous fluid clean up and disposal. We 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. Level 3 – CAR FIRE 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. Level 4 Includes Level 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing etc.). We will bill at this level if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Level 5 Includes Levels 1, 2, & 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). HAZARDOUS MATERIALS Level 1 Basic Response; billing will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. 3 Level 2 Intermediate Response ; billing 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 air and detection equipment. Set-up and removal of decontamination center. Level 3 Advanced Response ; billing 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. Set-up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. PIPELINE INCIDENTS / POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Level 1 Basic Response; billing will include engine response and first responder assignment, perimeter establishment, evacuations, first responder set-up and command. Pipeline inspection without damage or breakage. Level 2 Intermediate Response ; billing will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair. Level 3 – Itemized Billing Charges Advanced Response ; billing will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set- up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair of intermediate to major pipeline damage. May include set-up and removal of decontamination center, detection, recovery and identification of material. Disposal and environment clean up. 4 FIRE INVESTIGATION Fire Investigation Team Includes: • Scene Safety • Investigation • Source Identification • K-9/Arson Dog Unit • Identification Equipment • Mobile Detection Unit • Fire Report The billing begins when the Fire Investigator responds to the incident and is billed for logged time only. WATER INCIDENTS Level 1 Shore Based Response; billing will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control, materials utilized). This will be the most common billing level. This occurs almost every time the Fire Department responds to a water incident. Level 2 Surface Water Response ; includes Level 1 services as well as using rescue boat(s). This occurs frequently when the Fire Department responds to a water incident. Level 3 Diver Response ; includes Level 1 and Level 2 services as well as engine response, first responder assignment, dive certified team and appropriate equipment, perimeter establishment, set-up and command, and breathing air. Each incident will be billed with custom billing rates deemed usual, customary and reasonable (UCR). Level 4 Recovery Response; may include Level 1 - 3 services. You have the option to bill each incident as an independent event with custom billing 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. 5 TECH RESCUE Itemized Response: each incident will be billed with custom billing rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. CHIEF RESPONSE This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident. 6 ORDINANCE NO. 2010- 448 An Ordinance establishing a program to charge user fees for the rendering of Emergency Services by the City of Janesville Fire Department. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 8.28 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: CHAPTER 8 FIRE DEPARTMENT EMERGENCY SERVICE RESPONSE FEES 8.28.010 Purpose. 8.28.020 Emergency Services Response – Fee. 8.28.010Purpose. In order to continue to provide quality emergency services responses while minimizing the cost to the property taxpayer by recovering certain costs, expenses, and fees from the users of those rendered emergency services, the Janesville Common Council hereby desire and create a fair and equitable procedure to collect user fees for emergency services responses provided by the Janesville Fire Department. 8.28.020 Emergency services response – Fee. A. “Emergency services response” is any event in which the Janesville Fire Department is required to and/or does respond and take action. Emergency services include, but are not limited to, Fire Service and Emergency Medical Service. B. Every person, firm, corporation, and/or other entity who requires, receives, and/or is provided an emergency service response by the Janesville Fire Department shall be responsible for reimbursement for, and shall pay to the City of Janesville, any and all direct and indirect expenses, costs, fees, and payments incurred by the City of Janesville arising from and/or pertaining to the Fire Department in carrying out its duties in providing an emergency services response. C. Such emergency services response(s) rendered include, but are not limited to: motor vehicle incidents, car fires, hazardous materials incidents, pipeline and power line incidents, water incidents, transport, and fire investigations. D. The fee(s) shall be annually set by the Fire Chief based upon the previous year’s actual costs as adjusted by the projected year’s service expenses, and shall be charged to the user(s) on a proportional basis. ADOPTED: Motion by: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner Loasching McDonald Eric J. Levitt, City Manager Rashkin Steeber Truman ATTEST: Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Fire Department Prepared by: Assistant City Attorney & City Attorney