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Home My WebLink AboutAmending Chapter 9 Addressing Hazardous Materials and Tactical Rescue TeamORDINANCE No. 10275 -13 Passed by the Common Council of the City of South Bend, Indiana Attest: JOHN VOORDE December 9, 2013 Presented by me to the Mayor of the City of South Bend, Indiana December 10, 13 20 City Clerk President of Common Council City Clerk JOHN VOORDE Approved and signed by me P f ( f/" 113 f R 10 20 13 Ma SOW'/ E R .h P E T Q , BEND + Ordinance No. 10 1;7 S�' 13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM STATEMENT OF PURPOSE AND INTENT On May 19, 1998, South Bend Fire Chief Luther Taylor submitted a proposed ordinance which would establish for the first time user fees for professional services of the South Bend Fire Department Hazardous Materials Team and the Tactical Rescue Team. Revenue generated by those special operations teams would then be deposited into Fund # 289 to assist in the ongoing upgrading and replacement of equipment. The South Bend Common Council acted favorably on this request and passed Ordinance No. 8921 -98 on July 13, 1998. Since the 911 attack, the Hazardous Materials Team has assumed the task of Weapons of Mass Destruction (WMD) preparedness, which has evolved into the Special Operations Division of the SBFD becoming the Homeland Security Branch of the Fire Department. These Response Teams respond to calls not only within the City of South Bend, but also to calls in the Indiana Homeland Security District # 2 which covers a seven (7) county area as depicted on the map attached to this ordinance. As a result of the ongoing tactical and professional training, the Teams are on the "leading edge of information and preparedness ". The Hazmat Team is certified as Type 1, which is the highest level of certification for such a team in the State of Indiana. Each team member is trained in Homeland Security /FEMA classes. Currently there are thirty -six (36) specially trained Firefighters on the SBFD Hazmat Team and thirty -six (36) specially trained Firefighters on the SBFD Tactical Rescue Team budgeted for the 2014 calendar year. Twelve (12) Firefighters of each team work on each shift. All members of the Tactical Rescue Team are specially trained to respond to incidents involving building collapse, trench rescue, confined space rescue and specialized rope rescue, and to utilize shoring equipment which meets FEMA standards. In order to continue to attract the most qualified and dedicated individuals to such needed specialized teams which provide life- saving public services, it is believed that the user fees and charges which have not been adjusted since 1998 should be; in order to sustain and provide these critical services for the betterment and safety of the City of South Bend and Homeland Security District # 2. 64eyj & a asA& d * A&'b` m a and of the City of South Bend, Indiana, as follows: South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 2 Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 5. HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM. Sec. 9 -26 Definitions and Hazardous Materials Team User Fees and Costs Established. (a) Definitions: As used in this Article, the following definitions apply: (1) Hazardous materials shall have the definition set forth in Indiana Code § 13- 11 -2 -96, as it may be amended from time to time. (2) Hazardous materials emergency shall have the definition set forth in Indiana Code § 13- 11 -2 -97, as it may be amended from time to time. (3) Hazardous substance shall have the definition set forth in Indiana Code § 13 -11 -2- 98, as it may be amended from time to time. (4) Hazardous waste shall have the definition set forth in Indiana Code § 13- 11 -2 -99, as it may be amended from time to time. (5) Responsible parry shall have the definition set forth in Indiana Code § 13 -11 -2 -191, as it may be amended from time to time. (6) Responsible person shall have the definition set forth in Indiana Code § 13 -11 -2 -192, as it may be amended from time to time. (b) Hazardous Materials Team User Fees: The following user fee schedule shall be charged by the South Bend Fire Department to the responsible party for all hazardous materials emergencies responses by the department's Hazardous Materials Team in taking emergency action at an address or near the scene of a hazardous materials emergency involving hazardous materials, hazardous substances, and /or hazardous waste: (1) Basic fee (For up to a Maximum four (4) hours) ........... $3,000.00 (2) Additional per hour charge (after four (4) hours) ...............$ 825.00 (3) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch to the time the Hazardous Materials Team reports back in service. Emergency responses and cleanup for spills of gasoline, diesel fuel, waste oil or other engine fluids at gasoline stations shall be charged to the party requesting a response. Any petroleum spills involving.a South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 3 motor carrier where there is the potential to create fire, traffic and /or pollution threat(s) on a street, road or highway, the motor carrier shall be charged. (c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department shall charge for the replacement costs for disposable materials and supplies acquired, consumed and expended specifically for the purpose of the response, as well as replacement costs for equipment owned by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the response. This charge shall be made regardless of the location of the incident. In the event that the Fire Department is required to backfill employees resulting in overtime after the initial four (4) hour period, those expenses shall be calculated and charged to the responsible party. (d) Mileage Fees for Out of City Responses: Mileage fees shall be charged for each vehicle used by the South Bend Fire Department's Hazardous Materials Team which is involved in responding at an address or near the scene of a hazardous materials emergency involving hazardous materials, hazardous substances, and /or hazardous waste which is located outside of the City of South Bend corporate limits. Such mileage fees shall be $ 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. (e) Liability of Payment of User Fees and Costs: The above fees and costs shall be charged on a per run occurrence to the responsible party and /or person. The owner of the property at the address responded to, and if known, the person or persons whose actions in whole or in part made the emergency receiver response necessary shall be jointly and severally liable for the fees. Sec. 9 -27 Definitions, Standards and Tactical Rescue Team User Fees and Costs Established. (a) Services; Standards and Definitions: (1) The South Bend Fire Department's Tactical Rescue Team (TRT) is specially trained to provide services in rope rescue; vehicle and machinery search and rescue; trench and excavation search and rescue; and structural collapse. (2) Technical rescues are governed by departmental standards as well as standards imposed by: NFPA 1670: Operations and Trainingfor Technical Search and Rescue Incidents NFPA 1006: Rescue Technician Professional Qualifications (3) Definitions set forth in the above - referenced NFPA standards shall govern this Division, copies of which are on file in the Administrative Offices of the Central Fire Station. 1 The National Fire Protection Association (NFPA) was established in 1896. It provides codes and standards, research, training and education designed to minimize the risks and effects of fire and develops technical codes and standards. South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 4 (b) Tactical Rescue Team User Fees: The following user fee schedule shall be charged by the South Bend Fire Department to the responsible party for all tactical rescue responses provided by the department's Tactical Rescue Team (TRT): (1) Basic fee ( For up to a Maximum four (4) hours) ........... $3,000.00 (2) Additional per hour charge (after four (4) hours) ... $ 825.00 (3) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch to the time the Technical Response Team reports back in service. (c) Charges for Replacement Costs and Overtime: In addition to the above, the Fire Department shall charge for the replacement costs for disposable materials and supplies acquired, consumed, and expended specifically for the purpose of the response as well as replacement costs for equipment owned by the Fire Department that is contaminated or otherwise damaged beyond reuse or repair during the response. This charge shall be made regardless of the location of the incident. In the event that the Fire Department is required to backfill employees resulting in overtime after the initial four (4) hour period, those expenses shall be calculated and charged to the responsible party. Mileage Fees for Out of City Responses: Mileage fees shall be charged for each vehicle used by the South Bend Fire Department's Tactical Rescue Team which is involved in responding at an address or near the scene of a tactical rescue emergency which is located outside of the City of South Bend corporate limits. Such mileage fees shall be $ 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. (e) Liability of Payment of User Fees and Costs: The above fees shall be charged on a per run occurrence to the responsible party, the beneficiary of the services, the owner of the property, and if known, the person or persons whose actions in whole or in part made the emergency receiver response necessary shall be jointly and severally liable for the fees. Sec. 9 -28 Hazardous Materials Team User Fees and Tactical Rescue Team User Fees and Related Charges Collected to be Deposited into the Hazmat Fund # 289; Collection for Recovery Including Attorney Fees; Quarterly Reports From the Fire Department. (a) All monies collected under this Article shall be deposited into the Hazmat Fund, Fund # ED (b) Monies collected shall be used for the purchase of needed supplies and equipment used in providing hazardous materials and tactical rescue emergency assistance and training. South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 5 (c) The responsible party billed for services under this Article may elect to reimburse the Fire Department by providing replacement materials that are of equal or greater value than those expended by the Fire Department in responding to the emergency. (d) The Fire Department may pursue action for reimbursement under Indiana Code § 36- 8 -12.2- 10 to recover all costs of the action, including attorney's fees. (e) Quarterly reports summarizing the number of runs by the Hazardous Materials Team and the Tactical Rescue Team, total amount billed, total amount collected, and information related to the regulations in this Article shall be filed by the South Bend Fire Department at the beginning of each calendar quarter with the Office of the City Clerk. Sec. 9 -29 Penalties for Failure to Pay. (a) Pursuant to Indiana Code § 36 -8- 12.2 -11, a responsible party shall be subject to a penalty for failure to pay the full amount of a charge under this Article within sixty (60) days after the issuance of the bill for payment by the Fire Department. (b) Ten percent (10 %) of the amount of the charge that remains unpaid on the due date shall be the penalty amount. Sec. 9 -30 Through Sec. 9 -33 Reserved for Future Use. Section II. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal p ation and sho be e for d beginning January 1, 2014. Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member at Large of the Common Council John Voorde, City Clerk South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance Page 6 MAO& ntx'by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the Ak day of 2013, at 36 o'clock Cam. m. Janice T lboom, Deputy Clerk p and 0 by me on the 16 day of 0 f -- f n B £ P— , 2013 at 5 o'clock 1 .m. //4 1&-) Pete Buttigi g Mayor City of South Bend, Indiana 1 st READING ( 2s-t 3 PUBLIC HEARING 12,—q-13 3rd READING IL—c(—t3 NOT APPROVED REFERRED PASSED 1 L 9 L3 Filed in Clerk's 011> 1 2013 CITY CLERK, SOUTH SEND, IN ,013T11,& \ !; City of South Bend a Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Oliver J. Davis November 15, 2013 Vice - President Members of the South Bend Common Council Karen L. White 41" Floor County -City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: SBFD's Hazardous Materials Team and Tactical Rescue Team User First District Fees and Charges Henry Davis, Jr. Dear Council Members: Second District I am pleased to introduce for your consideration and approval the attached Valerie Schey proposed ordinance. I have had the pleasure of working closely with Fire Chief Third District Steve Cox and Assistant Chief Jim Lopez in developing the regulations set forth in this ordinance. Fred Ferlic Fourth District The user fees for both the Hazardous Materials Team and the Tactical Rescue David Varner Team, which were originally established in 1998, have never been adjusted. Both Fifth District of these teams have taken on additional responsibilities and specialized training. Both are governed by many more regulations today which require meticulous and Oliver J. Davis ongoing education. Sixth District The user fees for both of these specialized teams are requested to go from the Derek D. Dieter basic fee of $2,400 to $3,000; with the per hourly rate after four (4) hours of At Large service requested to go from $660 to $825 per hour. Mileage for responses Gavin Ferlic outside of the City limits is also requested. So that the Common Council may be At Large regularly updated, quarterly reports from the Fire Department would also be required. Such reports would detail the number of runs by each team, amount Karen L. White billed, amount collected and other recommendations. The governing state law for At Large failure to pay for billed services within sixty (60) days of being invoiced, as well as collection of attorney fees, have also been included. Your support of this proposed ordinance would enable the Hazardous Materials Team and the Tactical Rescue Team to continue to provide these needed life- saving professional fire services. I request that the Bill be referred to the Health and Public Safety Committee and set for public hearing at the December 9, 2013 Common Council meeting. Thank you. Hazardous Materials Team and the Tactical Rescue Team User Fee and Charges Ordinance November 15, 2013 Page 2 Mos erely, Karen . White, Chairperson Health and Public Safety Committee Attachments cc: Fire Chief Steve Cox Assistant Fire Chief Jim Lopez Aled in Clerk's C'sa nC, G 2013 i CITY CLERK, SOUTH BEND, IN ! TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 68 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Health & Public Safety Committee Karen L. White Chairperson, Committee of the Whole