G47-11 Ordinance No. G47-11
AN ORDINANCE
AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "FIRE DEPARTMENT"
WHEREAS, incidents requiring fire and other emergency services response activities
continue to increase each year; and,
WHEREAS,compliance with regulations and requirements of the Environmental Protection
Agency,the Department of Homeland Security, and other governmental entities involve additional
equipment and training that create additional demands on all operational aspects of fire department
services; and,
WHEREAS,the City of Elgin has investigated different methods of maintaining a high level
of quality with respect to fire and other emergency services capability throughout times of constantly
increasing service demands; and,
WHEREAS, maintaining an effective response by the fire department of the City of Elgin
decreases the cost of incidents to individuals, businesses,and insurance carriers through timely and
effective management of emergency situations, saving lives, and reducing property and
environmental damage; and,
• WHEREAS, increasing property taxes to meet the increases in service demands would not be
equitable to property owners when a portion of those taxes is already utilized to provide for such
services; many of the motor vehicle incidents and other emergency services provided by the fire
department involve individuals not owning property or paying taxes in the City of Elgin; and the
ability of the fire department to effectively respond decreases the liability of insurance companies by
saving lives and minimizing property and environmental damage; and;
WHEREAS, the City Council desires to establish and implement a program to collect
mitigation rates for the deployment of certain emergency services by the fire department of the City
of Elgin for services provided and/or rendered by the fire department; and,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and,
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any
function pertaining to its government and affairs including, but not limited to, the power to regulate
for the protection of the public health, safety, morals and welfare, and the power to abate public
nuisances; and,
WHEREAS,an ordinance providing for the collection of mitigation rates for the deployment
of certain fire and emergency services by the fire department pertains to the government and affairs
• of the City of Elgin and is in the best interest of the citizens of the City of Elgin.
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled
"Fire Department" be and is hereby amended by creating a new section 2.40.225, entitled
"Mitigation Rates for Certain Emergency Services," to read as follows:
"2.40.225: MITIGATION RATES FOR CERTAIN EMERGENCY SERVICES
The city hereby establishes cost mitigation rates for the deployment of certain emergency
services by the fire department of the city for services provided and/or rendered, including
the provision of personnel, supplies and equipment to the scene of motor vehicle incidents
and other emergency incidents as provided below,which are based on the actual costs of the
services and those costs that are usual, customary and reasonable (UCR):
A. MOTOR VEHICLE INCIDENTS
Level 1 - $435.00
Provision of hazardous materials assessment, scene stabilization and basic response
services.
• Level 2 - $495.00
Includes provision of Level 1 services, as well as clean up and material used (sorbents)
for hazardous fluid clean-up and disposal. Billing at this Level will occur if the fire
department of the city must clean up any gasoline or other automotive fluids that are
spilled as a result of the accident/incident.
Level 3 - $605.00
Relating to a car fire, provision of scene safety, fire suppression, breathing air, rescue
tools, hand tools, hose, tip use, foam, exposure protection, and clean-up of gasoline or
other automotive fluids that are spilled as a result of the accident/incident.
Level 4 - $1,800.00
Includes provision of Levels 1 and 2 services, as well as extrication(heavy rescue tools,
ropes,airbags,cribbing,etc.). Billing at this Level will occur if the fire department of the
city is required to free/remove anyone from the vehicle(s)using any powered equipment.
Billing at this Level will not occur if the person to be extricated is unconscious or unable
to move and the fire department is able to open a door to the vehicle to access and safely
remove the person.
•
i
• Level 5 - $2,200.00
Includes provision of Levels 1, 2 and 4 services as well as Air Care (multi-engine
company response, mutual aid, helicopter). Billing will occur at this Level any time a
helicopter is utilized to transport the patient(s).
Level 6 —Itemized Response (Billed to Residents and Non-Residents As Appropriate)
In the case of an unusual incident,the fire department of the city may bill each incident as
an independent incident with actual costs and/or customary mitigation rates using
itemized rates deemed usual, customary and reasonable (UCR). Such incidents will be
billed using itemized amounts for apparatus and personnel,plus products and equipment
used.
B. HAZMAT
Level 1 - Basic Response - $700.00
Provision of basic response services including engine response, first responder
assignment, perimeter establishment, evacuations, set-up and command.
Level 2 - Intermediate Response - $2,500.00
Includes provision of Level 1 services as well as hazmat certified team and appropriate
equipment,Level A or B suit donning,breathing air,detection equipment,and set-up and
removal of decon center as necessary.
Level 3 - Advanced Response - $5,900.00 (Includes 3 hours of on-scene time — each
additional hour in excess of 3 Hours is $300.00 per HAZMAT Team)
Includes provision of Levels 1 and 2 services as well as robot deployment, recovery and
identification of material, disposal and environmental clean-up. Also includes any
disposal rates for contaminated equipment and material used at scene.
C. PIPELINE INCIDENTS/POWER LINE INCIDENTS (Includes,but not limited to: Gas,
Sewer, Septic to Sewer, and Water Pipelines)
Level 1 —Basic Response - $400.00
Provision of basic response services including engine response, first responder
assignment, perimeter establishment, evacuations, first responder set-up and command.
Also includes inspection without damage or breakage.
Level 2 - Intermediate Response - $1,000.00
•
Includes provision of Level 1 services as well as hazmat certified team and appropriate
equipment, Level A or B suit donning, breathing air, detection equipment, and the
supervision and/or assisting of pipeline repair.
Level 3 - Advanced Response - Itemized Claim Charges
Includes provision of Levels 1 and 2 services as well as supervision and or assisting of
intermediate to major pipeline damage, set-up and removal of decon center, detection,
recovery and identification of material, disposal and environmental clean-up.
D. FIRE INVESTIGATION
Fire Investigation Team - $275.00 per hour.
Fire investigation services include scene safety, investigation, source identification, K-
9/Arson Dog Unit, identification equipment,mobile detection equipment and fire report.
The claim begins when the fire investigator or investigation team responds to the incident
and is billed for logged time only.
E. FIRES
Assignment - $400.00 per hour, per engine/$500.00 per hour, per truck
Fire services include scene safety, investigation, and fire/hazard control.
F. WATER INCIDENTS (Billed to Non-Residents Only)
Level 1 - Basic Response - $400.00 plus $50.00 per hour, per rescue person
Provision of basic response services including engine response, first responder
assignment, perimeter establishment,evacuations, first responder set-up and command,
scene safety and investigation (including possible patient contact and hazard control).
Level 2 - Intermediate Response - $800.00 plus $50.00 per hour, per rescue person
Provision of Level 1 services as well as clean-up and material used (sorbents), minor
hazardous clean-up and disposal. Billing will occur at this Level if the fire department of
the city must clean up small amounts of gasoline or other fluids that are spilled as result
of the incident.
Level 3 —Advanced Response - $2,000.00 plus $50.00 per hour, per rescue person and
$100.00 per hour per HAZMAT team member.
Provision of Levels 1 and 2 services as well as D.A.R.T. activation, donning breathing
• apparatus, detection equipment, set up and removal of decon center, recovery and
identification of material, and disposal and environment clean up. Also includes any
disposal rates of contaminated equipment and material used at scene.
Level 4 —Itemized Response
In the case of an unusual incident,the fire department of the city may bill each incident as
an independent incident with actual costs and/or customary mitigation rates using
itemized rates deemed usual, customary and reasonable (UCR). Such incidents will be
billed using itemized amounts for each trained rescue person plus rescue products and
equipment used.
G. SPECIAL RESCUE
Itemized Response — Minimum of $400.00 per hour, per emergency response; plus
$50.00 per hour, per rescue person.
Each incident will be billed in accordance with actual costs and/or customary mitigation
rates using itemized rates deemed usual, customary and reasonable (''UCR"), subject to
the minimum amounts set forth above. Such incidents will be billed using itemized
amounts for each apparatus and each trained rescue person per hour,plus rescue products
and equipment used.
• H. CHIEF RESPONSE
Itemized response - $250.00 per hour.
Chief response services will be charged when the Fire Chief for the fire department of the
city directly responds to an incident, including the set-up of command and providing
direction of the operations, safety, and administration of the incident.
I. IMPLEMENTATION AND PROCEDURES
1. The mitigation rates above are flat fees,except for itemized responses;and have been
determined to be usual, customary and reasonable for the incident responses listed.
The mitigation rates were determined by itemizing costs for a typical incident(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 (based upon 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, etc. When a claim is submitted, it will be
itemized and based on the actual services provided in accordance with the above
rates.
•
• 2. The mitigation rates shall represent an additional cost of the claim for damages of the
vehicles, property and/or injuries, and shall be filed with the insurance carrier of the
owner of the vehicle, owner of the property, or the responsible party(ies) as set forth
above. In some circumstances, the responsible party will be billed directly.
3. The costs and mitigation rates set forth in this section shall not be charged to any
person that is a resident of the City of Elgin at the time of the incident for which the
charges were incurred.
a. For the purposes of this section, a"resident" is defined as the following: (i) any
person that maintains his or her permanent residence within the corporate limits
of the City of Elgin; (ii) any person that is the majority owner of a business that
operates from real property that is owned by the business and located within the
City of Elgin; or(iii)any business that operates from real property that is owned
by the business and located within the City of Elgin.
b. For the purposes of this section, a"business" includes any joint stock company;
corporation, association, joint venture, limited liability company, club or
partnership, whether for-profit or not-for-profit.
4. Responses involving intoxicated drivers, hazmat clean-up, intentional or negligent
acts, or any act that violates any local, state or federal law or regulation, may be
subject to all applicable mitigation rates regardless of residency.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kapt6K, M or
Presented: November 16, 2011
Passed: November 16, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 16, 2011
Published: November 18, 2011
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Attest: ,pies auM��
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Kimberly De",, City Clerk