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2013-09-09 - Ordinance 2013-066 - ADDING CHAPTER 3.38, SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE, OF THE VBG MUNICIPAL CODE• 9/09/2013 ORDINANCE NO. 2013 - 66 11 AN ORDINANCE ADDING CHAPTER 3.38, SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD FOF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 3.38, Specialized Emergency Response and Recovery Fee, is hereby added to the Buffalo Grove Municipal Code, to read as follows: Chapter 3.38 SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE Sections: 3.38.010 Purpose. 3.38.020 Definitions. 3.38.030 Fee established. 3.38.035 Implementation and Procedures. 3.38.040 Collection. 3.38.010 Purpose. The Village hereby establishes cost mitigation rates for the deployment of certain emergency services by the Fire Department of the Village 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 set forth in this Chapter, which are based on the actual costs of the services and those costs that are usual, customary and reasonable. 3.38.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: MOTOR VEHICLE INCIDENTS. Level I - This level is the provision of hazardous materials assessment, scene stabilization and basic response services. Level 2 -This level includes provision of Level 1 services, as well as clean up and material used for hazardous fluid clean -up and disposal. Billing at this level will occur if the Fire Department of the Village must clean up any gasoline or other automotive fluids that are spilled as a result of the accident or incident. Level 3 -This level relates to the extinguishment of 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 or incident. Level 4 -This level includes provision of Levels 1 and 2 services, as well as the use of extrication tools (heavy rescue tools, ropes, airbags, cribbing, etc.). Billing at this level will occur if the Fire Department of the Village is required to free or 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. Level 5 -This level includes provision of Levels 1, 2 and 4 services as well as Aeromedical Response Coordination (multi- engine company response, mutual aid, and helicopter). Billing will occur at this level any time a helicopter is utilized to transport the patient(s). Level 6 - Itemized Response In the case of an unusual incident, the Fire Department of the Village may bill each incident as an independent incident with actual costs and or customary mitigation rates using itemized rates deemed usual, customary and reasonable. Such incidents will be billed using itemized amounts for apparatus and personnel, plus products and equipment used. HAZARDOUS MATERIALS INCIDENTS Level I -Basic Response -This level is the provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, set -up and command. Level 2 - Intermediate Response -This level 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 or decontamination center as necessary. Level 3 - Advanced Response -This level includes provision of Levels 1 and 2 services as well as robot deployment, recovery and identification or material, disposal and environmental clean- up. This level also includes any disposal rates for 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) • . . 9 Level 1 -Basic Response This level is the provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, first responder set -up and command. This level also includes inspection without damage or breakage. Level 2 - Intermediate Response -This level 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 -This level 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 decontamination center, detection, recovery and identification of material, disposal and environmental cleanup. FIRE INVESTIGATION Fire Investigation Team - 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. WATER INCIDENTS (Billed to Non - Residents Only) Level 1 -Basic Response -This level is the 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 -This level is the 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 Village must cleanup small amounts of gasoline or other fluids that are spilled as result of the incident. Level 3 - Advanced Response - This level is the provision of Levels 1 and 2 services as well as MABAS (Mutual Aid Box Alarm System) or LMCSRT (Lake and McHenry County Specialized Rescue Teams) activation, donning breathing apparatus, detection equipment, set up and removal of decontamination center, recovery and identification of material, and disposal and environment clean up. This level also includes any disposal rates of contaminated equipment and material used at scene. SPECIAL RESCUE Itemized Response - Each incident will be billed in accordance with actual costs and /or customary mitigation rates using itemized rates deemed usual, customary and reasonable, 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. 0 E Nonresident - means any person not residing within the corporate limits of the Village who requires emergency services of any type, whether knowingly or unknowingly, by the Buffalo Grove Fire Department. Resident - means any person residing within the corporate limits of the Village who requires emergency services of any type, whether knowingly or unknowingly, by the Buffalo Grove Fire Department. 3.38.030 Fee established. The following fees shall be charged to any nonresident or resident who utilizes the emergency services of the Buffalo Grove Fire Department: Motor Vehicle Incidents Resident Non - Resident Level 1 $435.00 $435.00 Level 2 $495.00 $495.00 Level 3 $605.00 $605.00 Level 4 $900.00 $1,800.00 Level 5 $1,100.00 $2,200.00 Level 6 Itemized Itemized Hazardous Materials Incidents Resident Non - Resident Level 1 $350.00 $700.00 Level 2 $1,250.00 $2,500.00 Level 3 $2,500.00 $5,900.00 Haz Mat Technician $50.00 /hour $50.00 / hour Water Incidents Resident Non - Resident Level 1 $200.00 $400.00 Level 2 $400.00 $800.00 Level 3 $1,000.00 $2,000.00 Technician $50.00 / hour $50.00 / hour 4 3.38.035 Implementation and Procedures 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 base wage). The actual personnel expense includes, but not by way of limitation, costs such as wages, retirement benefits, workers' compensation, and insurance. When a claim is submitted, it will be itemized and based on the actual services provided in accordance with the above rates. 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 titled vehicle, owner of the property, or the responsible party or parties. In certain circumstances the responsible party will be billed directly. 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. 3.38.040 Collection The Director of Finance of the Village shall cause a bill to be issued and sent for the emergency service. Interest shall accumulate and be due upon such fee at the rate of one percent per month commencing as of the thirtieth day following the mailing of the bill. All fees collected in conformance with this Chapter shall be deposited in the general fund of the Village or other fund for the purpose of providing funds for future replacement of life- safety vehicles or equipment as may be determined by the Corporate Authorities of the Village. Section 2. Chapter 8.56, Specialized Emergency Response Services, of the Village of Buffalo Grove Municipal Code, is hereby repealed in its entirety. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect as of October 1, 2013 and from and after its passage and approval. AYES: 6 — Berman, Trillinsz, Sussman, Terson, Stein, Ottenheimer NAYES: 0 —None ABSENT: 0 - None PASSED: September 9, 2013 APPROVED: September 9, 2013 ATTEST: Village Clerk ParkRidge #99150 M STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on September 9, 2013, the Corporate Authorities of the Village passed and approved Ordinance No. 2013 -66, AN ORDINANCE ADDING CHAPTER 3.38, SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE, a copy of such Ordinance was posted in and at the Village Hall, commencing on September 10, 2013 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 10th day of September, 2013. _• 1_-i . _ 1 r� 9/09/2013 ORDINANCE NO. 2013 - 66 AN ORDINANCE ADDING CHAPTER 3.38, SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD FOF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 3.38, Specialized Emergency Response and Recovery Fee, is hereby added to the Buffalo Grove Municipal Code, to read as follows: Chapter 3.38 SPECIALIZED EMERGENCY RESPONSE AND RECOVERY FEE Sections: 3.38.0 10 Purpose. 3.38.020 Definitions. 3.38.030 Fee established. 3.38.035 Implementation and Procedures. 3.38.040 Collection. 3.38.010 Purpose. The Village hereby establishes cost mitigation rates for the deployment of certain emergency services by the Fire Department of the Village 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 set forth in this Chapter, which are based on the actual costs of the services and those costs that are usual, customary and reasonable. 3.38.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: MOTOR VEHICLE INCIDENTS. 1 Level 1 - This level is the provision of hazardous materials assessment, scene stabilization and basic response services. Level 2 -This level includes provision of Level 1 services, as well as clean up and material used for hazardous fluid clean -up and disposal. Billing at this level will occur if the Fire Department of the Village must clean up any gasoline or other automotive fluids that are spilled as a result of the accident or incident. Level 3 -This level relates to the extinguishment of 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 or incident. Level 4 -This level includes provision of Levels 1 and 2 services, as well as the use of extrication tools (heavy rescue tools, ropes, airbags, cribbing, etc.). Billing at this level will occur if the Fire Department of the Village is required to free or 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. Level 5 -This level includes provision of Levels 1, 2 and 4 services as well as Aeromedical Response Coordination (multi- engine company response, mutual aid, and helicopter). Billing will occur at this level any time a helicopter is utilized to transport the patient(s). Level 6 - Itemized Response In the case of an unusual incident, the Fire Department of the Village may bill each incident as an independent incident with actual costs and or customary mitigation rates using itemized rates deemed usual, customary and reasonable. Such incidents will be billed using itemized amounts for apparatus and personnel, plus products and equipment used. HAZARDOUS MATERIALS INCIDENTS Level I -Basic Response -This level is the provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, set -up and command. Level 2 - Intermediate Response -This level 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 or decontamination center as necessary. Level 3 - Advanced Response -This level includes provision of Levels 1 and 2 services as well as robot deployment, recovery and identification or material, disposal and environmental clean- up. This level also includes any disposal rates for 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 This level is the provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, first responder set -up and command. This level also includes inspection without damage or breakage. Level 2 - Intermediate Response -This level 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 -This level 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 decontamination center, detection, recovery and identification of material, disposal and environmental cleanup. FIRE INVESTIGATION Fire Investigation Team - 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. WATER INCIDENTS (Billed to Non - Residents Only) Level 1 -Basic Response -This level is the 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 -This level is the 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 Village must cleanup small amounts of gasoline or other fluids that are spilled as result of the incident. Level 3 - Advanced Response - This level is the provision of Levels 1 and 2 services as well as MABAS (Mutual Aid Box Alarm System) or LMCSRT (Lake and McHenry County Specialized Rescue Teams) activation, donning breathing apparatus, detection equipment, set up and removal of decontamination center, recovery and identification of material, and disposal and environment clean up. This level also includes any disposal rates of contaminated equipment and material used at scene. SPECIAL RESCUE Itemized Response - Each incident will be billed in accordance with actual costs and /or customary mitigation rates using itemized rates deemed usual, customary and reasonable, 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. Nonresident - means any person not residing within the corporate limits of the Village who requires emergency services of any type, whether knowingly or unknowingly, by the Buffalo Grove Fire Department. Resident - means any person residing within the corporate limits of the Village who requires emergency services of any type, whether knowingly or unknowingly, by the Buffalo Grove Fire Department. 3.38.030 Fee established. The following fees shall be charged to any nonresident or resident who utilizes the emergency services of the Buffalo Grove Fire Department: Motor Vehicle Incidents Resident Non - Resident Level 1 $435.00 $435.00 Level 2 $495.00 $495.00 Level 3 $605.00 $605.00 Level 4 $900.00 $1,800.00 Level 5 $1,100.00 $2,200.00 Level 6 Itemized Itemized Hazardous Materials Incidents Resident Non - Resident Level 1 $350.00 $700.00 Level 2 $1,250.00 $2,500.00 Level 3 $2,500.00 $5,900.00 Haz Mat Technician $50.00 / hour $50.00 / hour Pipeline/ Power line Incidents Resident Non - Resident Level l $200.00 _.._._ __...... . $400.00 Level 2 $500.00 $1,250.00 Level 3 Fire Investigations Itemized Resident Itemized Non - Resident Level 1 Water Incidents $275.00 / hour Resident $275.00 / hour Non - Resident Level 1 $200.00 $400.00 Level 2 $400.00 $800.00 Level 3 $1,000.00 $2,000.00 Technician $50.00 / hour $50.00 / hour 4 3.38.035 Implementation and Procedures 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 base wage). The actual personnel expense includes, but not by way of limitation, costs such as wages, retirement benefits, workers' compensation, and insurance. When a claim is submitted, it will be itemized and based on the actual services provided in accordance with the above rates. 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 titled vehicle, owner of the property, or the responsible party or parties. In certain circumstances the responsible party will be billed directly. 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. 3.38.040 Collection The Director of Finance of the Village shall cause a bill to be issued and sent for the emergency service. Interest shall accumulate and be due upon such fee at the rate of one percent per month commencing as of the thirtieth day following the mailing of the bill. All fees collected in conformance with this Chapter shall be deposited in the general fund of the Village or other fund for the purpose of providing funds for future replacement of life- safety vehicles or equipment as may be determined by the Corporate Authorities of the Village. Section 2. Chapter 8.56, Specialized Emergency Response Services, of the Village of Buffalo Grove Municipal Code, is hereby repealed in its entirety. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect as of October 1, 2013 and from and after its passage and approval. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAPES: 0 —None ABSENT: 0 - None PASSED: September 9, 2013 APPROVED: September 9, 2013 ATTEST: Village Clerk ParkRidge #99150