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Rizzo
v. City of Philadelphia, 666 A. 2d 236 (Pa. Commonwealth 1995) in
which a taxpayer's suit challenged the City's practice of charging a
fee for emergency medical services provided by the City's fire
department. They challenged this on the basis that they felt it was
an unlawful tax, which could not be imposed in the manner that the
City had imposed it. The court determined that the user fees were
proper as reasonable and lawfully imposed by the City under its
police powers and authority to adopt regulations necessary to
preserve the health, welfare and safety of its residents.
Incidentally, there is a similar provision under the Second Class
Township Code concerning those very same police powers.
Court
of Common Pleas, Delaware County, Decision (October 26, 1995) upheld
Lima Fire Company's billing practice for vehicle accidents
Court
of Common Pleas, Indiana County, Decision (February, 20, 1997)
declared that a person is not compelled to pay for fire protection
and traffic control
Since
there is no statute or governmental regulation either mandating or
restricting a fire department from charging for its services, a
growing number of fire departments are obtaining ordinances, or
municipal law authorizing an empowering their recovery efforts.
If you
bill, you must bill each time services are rendered
Both
municipal fire department and volunteer fire departments should
consider obtaining a municipal ordinance in order to most
effectively be able to compel payment of fire department service
charges.
Fire
Companies can only bill for actual services and items used (for
example: gasoline, absorbent material, foam, etc.) Not for personnel
or wear and tear
Homeowners insurance policies normally allow $400-$500 (higher
limits are available) for fire suppression
Some
firms provide billing services for fire companies
Ambulance charges are covered as first party benefits (Motor Vehicle
Financial Responsibility Law, Act 6, 1990)
Please note: Fire Service
billing remains an unresolved legal issue. Future legislation or court
decisions may clarify this matter. Fire Companies wishing to explore
billing options should seek counsel.
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