HomeMy WebLinkAbout3085 FireMitigation Amending Title 8ORDINANCE NO. 3085
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING CHAPTER 8.27 TITLED
“COST RECOVERY” OF THE MOSES LAKE MUNICIPAL
CODE
WHEREAS, the emergency and non-emergency services response activity to incidents continues
to increase each year; environmental protection requirements involving equipment and training,
and homeland security regulations involving equipment and training, creating additional demands
on all operational aspects of the fire department services; and
WHEREAS, the fire department has investigated different methods to maintain a high level of
quality of emergency and non-emergency service capability throughout times of constantly
increasing service demands, where maintaining an effective response by the fire department
decreases the costs of incidents to insurance carriers, businesses, and individuals through timely
and effective management of emergency situations, saving lives and reducing property and
environmental damage; and
WHEREAS, raising real property tax to meet the increase in service demands would not be fair
when the responsible party(s) should be held accountable for their actions; and
WHEREAS, the City Council of the City of Moses Lake desires to implement a fair and equitable
procedure by which to collect said mitigation rates and shall establish a billing system in
accordance with applicable laws, regulations, and guidelines.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amendment. Moses Lake Municipal Code Chapter 8.27 titled “Cost Recovery” is
hereby amended to read as follows:
Chapter 8.27
((FIRE DEPARTMENT)) COST RECOVERY
Sections:
8.27.010 Purpose.
8.27.020 Fee Schedule ((Mitigation Rates for Fire Department Services)).
8.27.010 Purpose.
The purpose of this chapter is to establish the fees to recover the cost of services which the
City of Moses Lake Fire Department provides related to motor vehicle accidents or
collisions, motor vehicle fires, motor vehicle extrications, and hazardous materials spills or
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discharges ((, and other emergency and non-emergency services provided by the fire
department)).
8.27.020 Fee Schedule.((Mitigation Rates for Fire Department Services))
Fees to cover the cost of services provided by this section are as follows:
A. ((Rates Established. There are established mitigation rates for the delivery of emergency
and non-emergency services by the fire department for personnel, supplies, and
equipment to the scene of emergency and non-emergency incidents to be listed in a Fire
Department Service Rate Schedule. The mitigation rates shall be based on actual costs
of the services and that which is usual, customary, and reasonable (UCR), which may
include any services, personnel, supplies, and equipment. The mitigation rates will
increase annually based on the annual percentage increase in the Consumer Price Index
(CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor.
The City may hereafter establish or amend the mitigation rates identified on said Fire
Department Service Rate Schedule by resolution.))Motor Vehicle Accidents. The
following fees shall be charged for recovery of costs associated with motor vehicle
accidents or collisions, motor vehicle fires, motor vehicle extrications, technical rescues,
and other incidents on the roadway: The fee for services provided by the City of Moses
Lake Fire Department in connection with the response to motor vehicle accidents,
collisions, fires, extrications, and technical rescues shall be determined on a case-by-
case basis by the Fire Chief, his designee, or a third party billing service in an amount
not to exceed the amount reasonably borne by the City to provide such services, which
may include, but is not limited to, personnel, supplies, and equipment charges. Said fee
shall be charged according to the usual, customary, and reasonable hourly rates and
actual costs.
B. ((Billing. A claim shall be filed to the responsible party(s) through their insurance carrier.
In some circumstances, the responsible party(s) will be billed directly.)) Hazardous
Materials. Pursuant to RCW 4.24.314, the following fee shall be charged by the City of
Moses Lake Fire Department for the following services: Extraordinary costs for
hazardous materials mitigation and/or clean up shall be determined on a case-by-case
basis by the Fire Chief, his designee, or a third party billing service in an amount not to
exceed the amount reasonably borne by the City to provide such services, which may
include, but is not limited to, personnel, supplies, and equipment charges. Said fee shall
be charged according to the usual, customary, and reasonable hourly rates and actual
costs.
C. ((Rules and Regulations. The City Manager, in consultation with the Fire Chief, may
make rules or regulations and from time to time may amend, revoke, or add rules and
regulations, not inconsistent with this Chapter, as they may deem necessary or expedient
in respect to billing for these mitigation rates or the collection thereof.))Persons Subject
to Charges. The aforesaid fees shall be charged as determined by the Fire Chief, his
designee, or a third party billing service to any person or persons whose negligent or
willful act is the cause of any motor vehicle accident, collision, fire, or technical rescue
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to any person or persons who is the owner of or has custody and control over any vehicle
involved in any motor vehicle accident, collision, fire, or to any person regardless of
fault are responsible for the release or discharge of any hazardous material.
The fee in Moses Lake Municipal Code 8.27.020(A) shall be submitted to the
appropriate motor vehicle insurance carrier as a claim for damages.
In the event services are required as a result of utilities caused safety problems to
roadway areas, and if the area is deemed unsafe by emergency responders, the same
billing process shall apply to the responsible party. All claim costs shall be submitted to
the insurance carrier of the at-fault owner of a vehicle, uninsured responsible party, or
the at-fault owner of the property, contractor, or utility company.
The fee in Moses Lake Municipal Code 8.27.020(B) shall be submitted to the
responsible party.
D. Non-Exclusive Remedies. Nothing in this section shall preclude the City of Moses Lake
from using any other available method to recover fees or costs as described in this
section by any other means available at law.
Section 2. Adoption of Fire Department Service Rate Schedule. The Fire Department Service Rate
Schedule
attached as Exhibit A hereto is hereby adopted to be effective on the effective date of this Ordinance
and will be included in the citywide fee schedule for future updates.
Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. If
any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the
application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses
Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection
numbers, and any references thereto which do not change the substantive meaning of the ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its
passage and publication of its summary as provided by law.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor
on December 9, 2025.
____________________________________
Dustin Swartz, Mayor
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ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Debbie Burke, City Clerk Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:Aye Aye Aye Aye Aye Nay Aye
Date Published: December 15, 2025
Date Effective: December 20, 2025
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EXHIBIT A
EXHIBIT A
FIRE DEPARTMENT SERVICE RATE SCHEDULE
MITIGATION RATES
The mitigation rates below are average “billing levels”, and are typical for the incident responses listed,
however, when a claim is submitted, it may be itemized and based on the actual services provided.
These rates are based on actual costs using amortized schedules for apparatus (including useful life,
equipment, repairs, and maintenance). Labor rates include an average department’s actual burdened
labor costs and not just a firefighter’s wage. These include wages, retirement, benefits, workers comp,
etc.
MOTOR VEHICLE INCIDENTS
Level 1 - $618.00
Provide hazardous materials assessment and scene stabilization. This will be the most common “billing
level”. This occurs almost every time the fire department responds to an accident/incident.
Level 2 - $705.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up
and disposal. The City will bill at this level if the fire department has to clean up any gasoline or other
automotive fluids that are spilled as a result of the accident/incident.
Level 3 – CAR FIRE - $860.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam,
structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the
accident/incident.
MOTOR VEHICLE ADD-ON SERVICES
Extrication - $1,859.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire department
has to free/remove anyone from the vehicle(s) using any equipment. The City will not bill at this level
if the patient is simply unconscious and fire department is able to open the door to access the patient.
This level is to be billed only if equipment is deployed.
Creating a Landing Zone - $567.00
Includes Air Care (multi-engine company response, mutual aid, helicopter). The City will bill at this
level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).
Itemized Response: The City has the option to bill each incident as an independent event with custom
mitigation rates, for each incident using, itemized rates deemed usual, customary, and reasonable
(UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products, and
equipment used.
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EXHIBIT A
HAZMAT
Level 1 - $999.00
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, set-up, and command.
Level 2 - $3,566.00
Intermediate Response: Claim will include engine response, first responder assignment, hazmat
certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command,
Level A or B suit donning, breathing air and detection equipment. Set-up and removal of
decontamination center.
Level 3 – $8,420.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat certified
team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and
command, Level A or B suit donning, breathing air and detection equipment and robot deployment.
Set-up and removal of decontamination center, detection equipment, recovery and identification of
material. Disposal and environment clean up. Includes above in addition to any disposal rates of material
and contaminated equipment and material used at scene. Includes 3 hours of on scene time - each
additional hour @ $391.00 per HAZMAT team.
FIRES
Assignment - $568.00 per hour, per engine; $711.00 per hour, per truck Includes:
•Scene Safety
•Investigation
•Fire / Hazard Control
This will be the most common “billing level”. This occurs almost every time the fire department
responds to an incident.
OPTIONAL: A fire department has the option to bill each fire as an independent event with
custom mitigation rates.
Itemized, per person, at various pay levels and for itemized products use.
ILLEGAL FIRES
Assignment - $568.00 per hour, per engine; $711.00 per hour, per truck
When a fire is started by any person or persons that requires a fire department response during a time or
season when fires are regulated or controlled by local or state rules, provisions or ordinances because
of pollution or fire danger concerns, such person or persons will be liable for the fire department
response at a cost not to exceed the actual expenses incurred by the fire department to respond and
contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit
was not obtained and the fire department is required to respond to contain the fire the responsible party
will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department.
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EXHIBIT A
The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably
allocated to the cost of the response.
WATER INCIDENTS
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene safety and investigation
(including possible patient contact, hazard control). This will be the most common “billing level”. This
occurs almost every time the fire department responds to a water incident.
Billed at $583 plus $70 per hour, per rescue person.
Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used (sorbents),
minor hazardous clean up and disposal. The City will bill at this level if the fire department has to clean
up small amounts of gasoline or other fluids that are spilled as a result of the incident.
Billed at $1,170 plus $70 per hour, per rescue person.
Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T.
activation, donning breathing apparatus and detection equipment. Set up and removal of
decontamination center, detection equipment, recovery and identification of material. Disposal and
environment clean up. Includes above in addition to any disposal rates of material and contaminated
equipment and material used at scene.
Billed at $2,897 plus $70 per hour per rescue person, plus $140 per hour per HAZMAT team
member.
Level 4
Itemized Response: The City has the option to bill each incident as an independent event with custom
mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR).
These incidents will be billed, itemized, per trained rescue person, plus rescue products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual,
customary, and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per
trained rescue person per hour, plus rescue products used.
Minimum billed $583 plus $70 per hour, per rescue person. Additional rates of $583 per hour per
response vehicle and $70 per hour per rescue person.
FACILITY LIFT ASSISTS
For facilities paid to care for patients and need assistance lifting a patient. This fee is not applicable to
private residents not in a care facility.
Billed at $250 per hour per patient.
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EXHIBIT A
CHIEF RESPONSE
This includes the set-up of Command and providing direction of the incident. This could include
operations, safety, and administration of the incident.
Billed at $356 per hour.
MISCELLANEOUS / ADDITIONAL TIME ON-SCENE
ADDITIONAL TIME ON-SCENE (for all levels of service)
Engine billed at $568 per hour.
Truck billed at $771 per hour.
Command at $356 per hour.
Miscellaneous equipment billed at $427.
MITIGATION RATE NOTES
The mitigation rates above are average “billing levels” for one hour of service, and are typical for the
incident responses listed, however, when a claim is submitted, it may be itemized and based on the
actual services provided.
These average mitigation rates were determined by itemizing costs for a typical run (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 (an average department’s “actual personnel expense” and not just a firefighter’s basic wage). The
actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance,
etc.
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REF. NUMBER
EZC75-WT7G7-3MZ9Z-PBAVF
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