Brawley Municipal Code § 12.10 Cost recovery

The fire department consists of a chief engineer and as many other officers and firemen as are appointed with the approval of the city council.

(Ord. No. 438, §2.)

It shall be the duty of the fire commissioner, appointed by the city council, in conjunction with the city council to have complete supervision over the fire department and to require the chief engineer to make a full report annually concerning the department in general, including a description of the condition of the department and making suggestions and recommendations for major improvements and telling of the difficulties of the department during the year. The chief engineer shall be directly responsible to this body in his capacity as head of the fire department.

(Ord. No. 438, §1.)

The chief engineer shall be the chief executive officer of the fire department and shall be vested with the following powers and duties:

(a) To have direct control, management and direction of all officers and men of the fire department and the power to detail any of them to such public service as he may see fit which in his judgment is to the best interest and efficiency of the department.

(b) To exercise supreme command over the department at fires and over all equipment belonging to it.

(c) To see that the premises on which fires occur are left in such condition that they will not rekindle and cause further damage to life and property.

(d) To make a complete investigation of each fire, determine, make and keep a record of the cause, amount of loss to building, and the contents, amount of insurance coverage and insurance paid, number and description of each building destroyed or damaged, together with names of the owners and occupants.

(e) To make, with the approval of the fire commissioner and city council, rules and regulations governing the conduct, authority and duties of each fireman and including organizing the internal working of the fire department, including appointments and promotions, authority of the various minor officers under him, discipline, response to alarms, drills, care of equipment and apparatus, designation and wearing of insignia, uniforms and other matters pertaining to the department not expressly provided for in this chapter.

(f) To enforce all laws, ordinances and regulations relative to fire zones and fire protection.

(Ord. No. 438, §3.)

The chief engineer shall not be dismissed except for cause satisfactory to the city council, and then only on action of the city council as a body. He shall, if requested by him, be given a public hearing before the city council acting as a trial board before dismissal is final, but such request must be made by him within twenty-four hours after notification of suspension or dismissal by written request for such hearing filed by him with the city clerk within the twenty-four hour period, addressed to the city council.

(Ord. No. 438, §9.)

1. The chief engineer, or any member he or she may designate, is authorized and empowered to inspect from time to time, but not less frequently than twice yearly, all buildings or premises where accumulations of combustible materials or other hazardous conditions are liable to exist, and to order such changes or removals as in his opinion are necessary for safety from fire, principally in the business and industrial sections; provided, that such changes or removals are authorized by law or ordinance. For the purpose of inspection the chief engineer is hereby empowered to enter any and all buildings or premises at any reasonable hour. Records should be kept of all inspections, including notes and sketches, which shall become permanent records of the fire department.

2. The chief engineer, or any member he or she may designate, is authorized and empowered to inspect all premises that are licensed by the city to conduct business within the city limits on an annual basis whether or not accumulations of combustible materials or other hazardous conditions are liable to exist, and to order such changes or removals as in his opinion are necessary for safety from fire; provided, that such changes or removals are authorized by law or ordinance. For the purpose of inspection the chief engineer is hereby empowered to enter any and all buildings or premises at any reasonable hour. Records should be kept of all inspections, including notes and sketches, which shall become permanent records of the fire department.

(Ord. No. 438, §4.)

(Ord. No. 2016-03, § 1, 3-15-2016)

1. The city council finds that while no business or enterprise is immune from the risk of fire, there are many businesses and other enterprises situated in the city that have a much lower risk than others due to the nature of the activities conducted on the premises. Examples of these low risk establishments include, but are not limited to: offices; small mercantile stores; and other similar enterprises.

2. The chief engineer shall establish a self-inspection program whereby the owner of the establishment may perform an annual safety inspection of their premises based on a checklist developed by the fire department for that purpose. The chief engineer or his or her designate shall notify business situated in Brawley that in his or her judgment are suitable for the self-inspection program that they may participate.

3. The self-inspection program shall be optional. Establishments that are eligible to participate may opt out of the program, in which case the chief engineer or his designate shall perform the normal physical inspection of the premises.

4. An establishment participating in the self-inspection program shall return the completed self-inspection checklist to the fire department within 30 days of delivery of the same to the establishment by first-class mail postage prepaid, along with any fee set by the council pursuant to this chapter. The chief engineer may, but is not required to, provide reminders to participants who fail to return the checklist and fee in a timely manner. If an establishment does not return the checklist and fee in a timely manner, the chief engineer may drop the establishment from the self-inspection program and require the establishment to submit their premises to the normal physical inspection.

5. An owner of an establishment situated in the Brawley city limits may request to be included in the self-inspection program. The chief engineer or his or her designate shall review any such request and make the determination whether the activities conducted on the subject premises are suitable for the self-inspection program. If the chief engineer designates the review to another member of the department, an owner requesting permission to participate in the program who has been denied permission shall have the right to appeal that denial to chief engineer. Any request to be included in the program shall be made in writing to the chief engineer. Likewise, any appeal of a decision to be excluded from the program shall be made in writing to the chief engineer. There shall be no right to a hearing regarding a request or an appeal. The decision of the chief engineer, whether in the first instance or on appeal shall be final.

6. Records of self-inspections shall become permanent records of the fire department.

(Ord. No. 2016-03, § 1, 3-15-2016)

1. The city council may, by resolution, establish fees for inspections conducted by the fire marshal pursuant to this Code.

2. The city council may, by resolution, establish a fee for processing records of self-inspections conducted pursuant to this Code.

(Ord. No. 2016-03, § 1, 3-15-2016)

The chief engineer is required to keep and should devise forms and methods for keeping records as follows:

Fires:

1. Date, time and location.

2. Probable origin or cause.

3. Method of extinguishment of fires.

4. Amount of property loss.

5. Valuation of property involved at fires.

6. Amount of insurance carried on buildings and contents.

7. Amount of insurance paid on buildings and contents.

8. Description of buildings and contents damaged or destroyed and name of owner and occupant.

9. Whether alarm originated by telephone or box alarm.

10. Losses due to exposures.

Such other records as are provided for in this chapter and in any rules and regulations promulgated under authority of this chapter by the chief engineer and fire commissioner with approval of the city council.

(Ord. No. 438, §5.)

1. Persons not connected with the Brawley Fire Department shall not be permitted to ride in any fire apparatus without the express written consent of the fire chief.

2. The fire chief may grant permission to persons not connected with the fire department to ride in a fire apparatus under the following conditions:

a. A request is received to permit a person or persons not connected with the fire department to ride on a fire apparatus in connection with a parade, community event, fire department open house, or other similar event;

b. The event that is the subject of the request is to be held in the city of Brawley;

c. The person or persons permitted to ride in the fire apparatus each sign a written liability waiver prior to riding on the fire apparatus. In the event that the person or persons receiving permission to ride on a fire apparatus are minors, the liability waiver shall be executed by the minor's parent or guardian;

d. During the entire duration of the time that persons not connected with the Brawley Fire Department are permitted to ride on the fire apparatus, the fire apparatus shall be deemed out of service, dispatch shall be notified that the apparatus is out of service and the apparatus shall not be permitted to respond to any call for service while persons not connected with the fire department are in the apparatus; and

e. At all times the fire apparatus shall be operated by properly qualified Brawley Fire Department personnel.

3. The remaining provisions of city of Brawley Ordinance Number 438 shall not be affected by this section.

4. The ordinance codified in this section shall be effective thirty days after its adoption and the city clerk shall cause a certified copy of the ordinance to be published one time within fifteen days after its adoption in the Imperial Valley Press, a newspaper of general circulation printed in Imperial County and circulated in the city of Brawley.

(Ord. No. 438, §6.)

(Ord. No. 2018-02, 5-1-2018)

Information relative to fires, alarms or department business shall not be given out to anybody except with the express knowledge and consent of the chief engineer to whom all persons making such inquiries shall be referred.

(Ord. No. 438, §7.)

Members of the fire department are prohibited from using the telephone service therein for any other purpose than business connected with the department. One telephone should be reserved for fire calls only and shall be used only for such purpose or in extreme cases for other necessities.

(Ord. No. 438, §8.)

The city council finds that it is necessary to establish a cost recovery program for certain services provided by the Brawley Fire Department. The purpose of the cost recovery program is to establish a method for the city to recover costs expended providing services to residents and visitors.

The city has conducted a study to determine the actual costs of providing various services. The council is hereby authorized to adopt a schedule of fees for services rendered by the fire department by resolution. The fire department shall review the fee schedule on a bi-annual basis and, in the event a change is fees is justified, the city council shall be authorized to adopt amended fees schedules as needed. The fees authorized by this ordinance shall not exceed the actual costs incurred by the Brawley Fire Department for rendering the services subject to the fees established herein.

The city's finance department shall be responsible for collecting the fees provided for herein.

(Ord. No. 2019-04, § 2, 10-1-2019)

1. Fees are established to recover from at-fault persons the cost of services provided by the Brawley Fire Department in responding to the scene of an incident. The cost recovery fees are for services directly beneficial to the at-fault person in that they serve to limit the extent of damages or potential damages arising from his or her acts or omissions.

2. The amount of recovery for specified fire services shall be set by resolution of the city council and shall be based on the type and amount of services provided. The fees shall not exceed the recovery of the actual cost of personnel, supplies, and equipment present or used at the scene. The cost recovery fees may include an administrative charge in an amount set by resolution of the city council.

3. The fire chief, or designee, shall make the at-fault determination. In order to administer and implement the provisions of this section, the fire chief is authorized to adopt written rules and regulations that are consistent with the provisions of this section.

4. A person who disputes the determination of fault made pursuant to this section may appeal that decision pursuant to section 19F.7.(a) of the Brawley Municipal Code. The request for hearing form must be accompanied with either an advance deposit of the fee imposed pursuant to this section or a request for hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

5. A person who does not dispute the determination of fault made pursuant to this section, but contends that he or she is unable to pay the fee imposed by this section may request a hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

6. This section shall not apply to response costs that are recoverable pursuant to Cal. Govt. Code § 53150.

7. For purposes of this section, a person is "at fault" if his or her willful, reckless or negligent acts or omissions are a proximate cause of the incident. More than one person may be considered "at fault," in which case the fees imposed pursuant to this section shall be proportionately allocated according to the at-fault determination.

8. The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the fire department to the scene of any incident.

(Ord. No. 2019-04, § 2, 10-1-2019)

1. Fees are established to recover from persons that receive medical aid from the fire department the cost of services provided by the fire department in responding to the call for medical aid. The cost recovery fees are for services directly beneficial to the person receiving aid because the services often significantly increase the person's chance of survival and recovery in the event of a medical emergency. Further, the services provided often reduce complications that may result in significant savings in future medical costs.

2. The amount of recovery for specified medical aid services shall be set by resolution of the city council and shall be based on the type and amount of services provided. The fees shall not exceed the recovery of the actual cost of personnel, supplies, and equipment present or used in responding to a call for medical aid. The cost recovery fees may include an administrative charge in an amount set by resolution of the Brawley City Council.

3. A person who contends that he or she is unable to pay the fee imposed by this section may request a hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

4. The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the fire department to a call for medical aid.

(Ord. No. 2019-04, § 2, 10-1-2019)

1. Fees are established to recover from persons that maintain an alarm system that alerts the Brawley Fire Department of the presence of smoke, fire, heat, medical emergency or carbon monoxide when no such emergency is actually present.

2. The fees established by this section shall only be assessed for false alarm calls generated by alarm systems installed in commercial premises. Commercial premises shall include residential premises that are used for commercial purposes.

3. The fees assessed by this section shall not be imposed for the first false alarm call generated by any particular premises in any calendar year.

4. No fee shall be assessed for an alarm call that is cancelled by the alarm company, property owner, or authorized representative prior to the arrival of the fire apparatus.

5. The amount of the fee imposed by this section shall be established by resolution of the city council and shall not be greater than the actual cost of the fire department's response to a false alarm call.

6. The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the Brawley Fire Department to a call related to an alarm.

(Ord. No. 2019-04, § 2, 10-1-2019)

1. Fees are established to recover from persons that possess hazardous material that spill or otherwise require cleanup, mitigation or investigation by the Brawley Fire Department.

2. The fee for services provided by the Brawley Fire Department in response to an incident involving hazardous materials shall be determined on a case by case basis by the fire chief or designate. The fee shall be calculated based on an hourly rate established by a resolution of the city council. The fee may also include cost recovery for expenses incurred by the fire department in responding to a hazardous substance incident.

3. The fee assessed for a response to a hazardous response incident shall not exceed the actual costs incurred by the fire department in responding to the incident.

4. The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the Brawley Fire Department to a call related to hazardous materials.

(Ord. No. 2019-04, § 2, 10-1-2019)