|
March 4, 1998
To: Emergency and Protective Services Committee
From: Fire Chief Alan F. Speed
Re: Fire Services Fees for Service Bylaws
Purpose:
To establish a fee structure for services provided through the Fire Prevention Division, for false alarm responses and vehicle incident responses.
Financial Implication:
It is difficult to give an accurate estimate of income generated due to the possibility of reimbursement requests for false alarms and the efforts to reduce false alarms, which will reduce income. We have reviewed information from the six fire departments for the past year and estimate total revenue should be $500,000. To $700,000. - per year.
Recommendation:
That this bylaw be accepted and approved.
Background:
It has been practice for the Fire Departments of the old municipalities to charge a fee for services when the service is requested. The requests are received most often related to the sale of properties and for licencing. The request usually includes a date for completion, which must be met and is for a service that is outside the normal staff routine. The reports generated usually become part of the documentation for the sale.
The fees listed in schedule AA@ were arrived at through review of fees charged under existing by-laws. The review included by-laws from the six former departments as well as information from other departments in the G.T.A. The fees are in line with what was charged and are most often lower than the highest for each service.
Our main goal related to false alarms is to reduce this type of response. The main reason for a fee for false alarms is to encourage building owners to take action to prevent these situations. False alarms divert valuable resources that could be required for a true emergency. This can cause delayed response to the true emergency.
In all Municipalities that have enforced a bylaw related to fees for false alarms, the responses have been reduced.
The section of the bylaw related to reimbursement of false alarm fees is designed to assist the building owners, as there is often a cost related to the action they must take and there is no intent to cause them to pay twice.
Further to this, members of the Fire Prevention Division are prepared to meet with building owners and assist them in the effort to reduce false alarms.
Conclusions:
We consider this bylaw will enable staff to administer the fees for service and false alarm programs in an effective manner.
Contact Name:
Alan Speed or Brian Loreto
397-4300 395-7067
Alan F. Speed
Fire Chief
Barry Gutteridge
Commissioner, Works and Emergency Services
Authority: Emergency and Protective Services Committee
Report No. , Date: , 1998
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
BY-LAW NUMBER ____________________
To impose fees and charges for services and activities provided or done by the Fire Department of the City of Toronto
WHEREAS section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, permits a municipality to pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it, among other things, subject to the terms, conditions and limitations set out in the section; and
WHEREAS subsection 2(1) of the City of Toronto Act, 1997, S.O. 1997, c. 2 incorporated the City of Toronto as a body corporate on January 1st, 1998; and
WHEREAS subsection 2(2) of the City of Toronto Act, 1997 makes the City of Toronto a city and a local municipality for all purposes; and
WHEREAS subsection 2(4) of the City of Toronto Act, 1997 provides that the City of Toronto stands in the place of the old municipalities of the former Metropolitan Toronto; and
WHEREAS subsection 2(7) of the City of Toronto Act, 1997 provides that every by-law or resolution of an old council of an old municipality of the former Metropolitan Toronto that was in force before January 1st, 1998 is considered to be a by-law or resolution of the Council of the City of Toronto and remains in force in respect of the geographic area of the old municipality to which it applied until the council of the City of Toronto repeals it or amends it to provide otherwise; and
WHEREAS the old councils of the six old area municipalities of the former Metropolitan Toronto imposed by by-law fees or charges for services or activities provided or done by their respective fire departments; and
WHEREAS these by-laws are now by-laws of the Council of the City of Toronto and remain in force;
WHEREAS the Council of the City of Toronto intends to impose fees or charges for services or activities provided or done by its Fire Department and replace those imposed for services or activities provided or done by the fire departments of the six old area municipalities of the former Metropolitan Toronto,
The Council of the City of Toronto HEREBY ENACTS as follows:
1. Definitions
In this By-law, unless the context requires otherwise,
(a) ACity@ means City of Toronto;
(b) Acharges@ include any interest payable pursuant to section 7 and any costs incurred by the City pursuant to section 10;
(c) ACouncil@ means the council of the City of Toronto;
(d) Afee@ or Afee for services@ means any fee for services imposed under section 2 and billed pursuant to section 3;
(e) Afalse fire alarm@ means malicious false alarm and nuisance false alarm;
(f) AFire Department@ means the fire department of the City of Toronto established under By-law No. - 1998, as may be amended or replaced from time to time, and includes its officers and members;
(g) "malicious false alarm", as referred to in Schedule AA@, means the negligent or intentional misuse of a fire alarm system resulting in the activation of the system, but does not include the activation of a fire alarm system under circumstances that would have caused a careful or prudent person to believe that a fire related emergency was in progress at the owner=s building or in circumstances where the owner has notified the Fire Department in advance of work being done on the fire alarm system that could cause a false fire alarm;
(h) "nuisance false alarm", as referred to in Schedule AA@, means the activation of a fire alarm system through a mechanical failure, equipment malfunction or improper maintenance or installation of the system, but does not include the activation of a fire alarm system where the activation occurred as a result of accidental damage to the system;
(i) Aowner@ means a person who is shown as the assessed owner or tenant of real property in the assessment rolls for the City in respect of which property services and activities were provided or done by the Fire Department and includes the registered owner or mortgagee in possession of such property and includes a person in actual occupation of such property,
(i) under an agreement with the assessed owner for the purchase of it; or
(ii) sold by the Director in accordance with the Veterans' Land Act (Canada);
but
(iii) in the case of a false fire alarm originating from a condominium building, means the condominium corporation having control of the common elements of the building, and
(iv) in the case of a vehicle, means person who is the registered owner of the vehicle and includes person who is licensed to operate the vehicle.
2. Fee for Services
The City shall impose the fee for services set out in Schedule AA@ for services or activities (including without limitation inspections) provided or done by the Fire Department.
3. Payment of Fee
(1) The owner of any property or vehicle to which services set out in Schedule AA@ were provided or done by the Fire Department, regardless of whether requested by the owner or an agent of the owner or not, shall pay the fee imposed for such services under section 2 and billed to the owner by the City.
(2) Where there is more than one owner, their liability for payment shall be joint and several.
4. Service of Invoice
An invoice for services billed pursuant to subsection 3(1) may be served by personal service on the owner or by regular letter mail, in which event service shall be deemed to have been made on the third day after the day of mailing, or by electronic transmission or telephone transmission of a facsimile, in which event service shall be deemed to have been made on the first day after the day of transmission, or by some other method that allows proof of receipt.
5. Invoice for Services
Any invoice for services billed pursuant to subsection 3(1) shall describe the service provided or done by the Fire Department, when and where the service was provided or done, the reason for the service, the fee for the service, the terms of payment of the fee prescribed in this By-law, and the consequences of failing to pay the fee for the service as provided for in this By-law.
6. When and How Fee to be Paid
The fee for services shall be payable to the City, by cash, money order, cheque or credit card, no later than thirty days from the date of the invoice for the services.
7. Interest
Where the fee for services remains unpaid, in whole or in part, for a period in excess of thirty days from the date of the invoice for the services, the owner shall pay, in addition to the outstanding balance of the fee, interest on the outstanding balance, such interest to be calculated at a rate equal to the prime lending rate charged to the City by its banker from time to time plus one per cent (1%) per annum.
8. Debt of Owner
The fee for services, plus any interest that may have accrued on the outstanding balance under section 7, shall constitute a debt of the owner to the City.
9. Collection of Debt
The City may take such action as it considers necessary and as is permitted by law to collect the debt constituted under section 7.
10. Collection Costs
The owner shall be liable to pay to the City any costs incurred by the City in collecting the debt constituted under section 7; and such costs shall also constitute a debt of the owner to the City; and section 9 shall apply to the recovery of such costs, with necessary modifications.
11. Addition to Tax Roll
(1) Without restricting the generality of sections 9 and 10, where the fee for services or charges or all or any of them remains unpaid, in whole or in part, for a period in excess of ninety days, such fee or charges or all or any of them shall be added to the tax roll for any real property within the territorial limits of the City owned, in whole or in part, by the owner and shall be collected in a like manner as municipal taxes.
(2) Subsection (1) does not apply to a fee or charge for false fire alarms originating from a condominium building, which fee or charge may be recovered by action.
12. Joint and Several Liability
All of the owners of the real property to whose tax roll the fee for service or charges or any or all of them were added pursuant to section 11 shall be liable jointly and severally for paying such fee and charges, and such fee and charges shall be collected in a like manner as municipal taxes.
13. False Fire Alarm Reimbursement
(1) Subject to subsection 13(3), where an owner of a building has paid a fee for services set out in Schedule AA@ for services or activities provided or done by the Fire Department in respect of a false fire alarm at the owner=s building and the owner has since the false fire alarm installed in the building a proper security system or taken other measures to reduce the likelihood of the occurrence of a false fire alarm at the building in the future, the owner may apply to the City to be reimbursed for the fee so paid.
(2) An application for reimbursement under subsection 13(1) shall include proof of the installation of a proper security system or of the other measures taken to reduce the likelihood of the occurrence of a false fire alarm at the building in the future, or both.
(3) Where the Fire Chief, in his sole judgment, is satisfied that the owner has installed a proper security system or taken such other measures that the Fire Chief considers sufficient to reduce the likelihood of the occurrence of a false fire alarm at the owner=s building in the future, the City, on the recommendation of the Fire Chief, may reimburse the owner up to a maximum of ninety per cent (90%) of the fee paid by the owner for the false fire alarm at the building in respect of which the services of the Fire Department were provided.
(4) The reimbursement under subsection 13(3) shall not include reimbursement of any charges levied against the owner under this By-law in respect of an overdue fee or the collection of such fee by the City.
14. Number and Gender
Unless the contrary intention appears, words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa.
15. Severability
If any section or part of this By-law or any item in a schedule to this By-law is found to be illegal or beyond the power of the City's council to enact, such section or part or item shall be deemed to be severable and all other sections or parts or items of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such.
16. Repeal
(1) Schedule H of Chapter 91 of the Etobicoke Municipal Code with respect to Administrative Fees, being By-law Nos.1991-7-78 and 1994-55 of The Corporation of the City of Etobicoke, By-law Nos. 32771 and 32773 of The Corporation of the City of North York, By-law Nos. 24794 and 24971 of The Corporation of the City of Scarborough, Paragraph 178-14 of the Toronto Municipal Code, being By-law No. 1996-0091 of The Corporation of the City of Toronto, By-law Nos. 3250-96 and 3439-97 of The Corporation of the City of York, and any amendments thereto, all of which were passed by the councils of the old area municipalities of the former Metropolitan Toronto and all of which were in force immediately before the coming into force of the City of Toronto Act, 1997 and, by virtue of section 2(7) of the Act, are deemed to be by-laws of the Council and remain in force in respect of the part of the urban area to which they applied immediately before the coming into force of the Act, are repealed, but only to the extent to which any such by-law deals with the imposition of fees or charges for services or activities provided by the fire department of the old area municipality.
(2) Any other by-law (or part of it) and any resolution of any of the six old area municipalities of the former Metropolitan Toronto relating to the imposition of fees or charges for services or activities provided by the fire department of the old area municipality (and any amendments thereto) and not expressly mentioned in subsection (1) are also repealed, but only to the extent to which the by-law or resolution deals with the imposition of such fees or charges.
ENACTED and PASSED by a majority of the members of the Council present and voting this day of , A.D. 1998.
___________________________ __________________________
Mayor Novina Wong
City Clerk
SCHEDULE AA@
(TO BE PRODUCED BY THE FIRE DEPARTMENT)
|
