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SECTION 1.
General
All funds that are generated from the fees and fines collected
by this ordinance shall be placed in the serving Fire District’s
General Fund and such funds shall be used by the serving Fire
District for Fire Prevention related activities and supplies
related to the Fire Prevention Division.
SECTION 2. Making
Payment
Violators of this Ordinance shall pay citations, fees and fines
cited from this Ordinance to appropriate serving Fire Department
at the below address.
Within the boundaries of the White River Township Fire District.
White River Township Fire Protection District
850 S.
Mullinix Road
Greenwood IN 46143
(317) 888-8337
Within the boundaries of the Bargersville Fire Department
Bargersville Fire Department
89 S Baldwin Street
Bargersville IN 46106
(317) 422-5130
All payments are due within 30 days from the date or the
assessment of the fee/fine. Payments can be paid in person or in
mail.
SECTION 3. Failure
to Pay
Violators who fail to make payment prior the due date shall be
assessed a late fee as set forth in Article XVIII of this
Ordinance, and be subject to litigation for failure to pay an
ordinance violation fee.
SECTION 4. Variance
An owner or occupant requesting a variance from the state
adopted fire and building laws as set forth by IC 22-13-2-11
shall apply for such from the Indiana Fire Prevention and
Building Safety Commission in accordance with 675 IAC
12-5.
An owner or
occupant requesting a variance from the provisions of this
ordinance that is not part of the state adopted fire and
building laws as set forth by IC 22-13-2-11 shall apply in
writing to the serving Fire Chief within 14 days of the
citation. The granting of a variance shall only be considered
upon the written application of the owner of the property.
The owner or
occupant requesting a variance from this ordinance shall pay a
non-refundable fee of $50.00 to apply for such a variance
request.
A variance will only be granted if the serving Fire Chief
determines that granting the variance does not increase the risk
of fire or danger to the public.
In the event
the variance is not granted by the Fire Chief, the
owner/occupant may appeal the decision to the serving Fire
Protection District Board. Such appeal shall be initiated within
18 days of the Fire Chief’s decision.
SECTION 5. Appeal
At any time after the receipt of a citation, ORDER, violation
notice or denial of variance, and up to 14 days prior to the
final correction date on the notice, the owner or person
occupying or controlling the premises may appeal to the serving
Fire Protection District’s Board of Directors.
Such appeal
shall be in writing to the serving Board of Directors and
submitted to the Fire Chief. The Fire Chief will address the
appeal with the Board of Directors at a regular or adjourned
meeting. A decision regarding the appeal shall be final and
delivered not more than 30 days after the receipt of said
appeal.
An Administrative Review fee of fifty-dollars ($50.00) shall
accompany any appeal filed. Application of wavier shall be in
the form of a letter signed by the owner and their appropriate
delegate. Failure to provide the administrative review fee at
the time of application of waiver will result in the application
being denied.
Any cited
violation of the rules of the FPBSC shall not have an appeal
hearing. To appeal the rules of the FPBSC you must request an
administrative review of the order by filing a petition for
review with the FPBSC at 302 West Washington Street Room E-243
Attn: Code Services Indianapolis Indiana 46204.
SECTION 6. Schedule
of Fees for Services Rendered
A.
Hazardous Materials
Pursuant to IC
36-8-12.2, the serving Fire District shall charge the owner of a vehicle
or a responsible party that is involved in a hazardous material or fuel
spill or chemical- or hazardous material-related fire.
(1) For initial
response with a fire engine, a fire truck, or a fire apparatus,
including a hazardous material response unit, or a fire rescue unit
dispatched on a fire or hazardous material incident, two hundred fifty
dollars ($250.00) per response vehicle except command/control vehicle,
which is one hundred dollars ($100.00) per vehicle.
(2) For each hour or
fraction thereof of on-scene assistance, one hundred fifty dollars
($150.00) per response unit and fifty dollars ($50.00) per
command/control vehicle.
(3) For expendable
materials such as absorption materials, emulsifiers, or other agents
used in cleanup operations, the actual replacement cost of those
materials.
(4) For collection
of debris, chemicals, fuel, or contaminated materials resulting from a
spill, the actual cost of removal and disposal at an authorized
location.
The spiller or owner of the equipment involved in the spill is
responsible for the entire amount of all costs involved in the emergency
incident and the clean-up of the incident.
B. Fire Incidents
Pursuant to IC
36-8-12-16 the serving Fire District shall charge the owner of the
structure the using the following schedule:
(1) For initial
response with a fire engine, a fire truck, or a fire apparatus,
including a hazardous material response unit, or a fire rescue unit
dispatched on a fire or hazardous material incident, two hundred fifty
dollars ($250.00) per response vehicle except command/control vehicle,
which is one hundred dollars ($100.00) per vehicle.
(2) For each hour or
fraction thereof as on-scene assistance, one hundred fifty dollars
($150.00) per response unit and fifty dollars ($50.00) per
command/control vehicle.
This service fee is delivered to the Owner/Occupants Insurance Company
for the payment from the owners/occupants fire department service fee
amount. The fire department accepts the maximum allowed on the policy
and will not require the owner/occupant any out-of-pocket expense.
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