(A) For the purposes of this section, "special operations", excluding those operations that are conducted as a result of natural disasters, provided there is no negligence on the part of the person(s) being rescued during these phenomenons, shall include but not be limited to structural collapse rescues, confined space rescues, water rescues, high and low angle rescues, trench rescues and recovery services and require additional assistance from special teams trained and equipped to mitigate such incidences and who's assistance is requested by the incident commander.
(B) A fire department, suburban fire protection district, or other Metro Government agency or department may recover its reasonable and necessary costs and expenses which have accrued, or been expended for special operations, whether said services were rendered within or without the service area of said district or department.
(C) "Recoverable costs and expenses", as that term is used herein, shall include the cost of materials used, rental of equipment, expense of equipment repair or replacement, and the charges, taxes, costs, and expense of providing personnel at the site wherein a special operation was necessary. The authority conferred herein is in addition to, and not in derogation of, any existing authority for such recovery, whether conferred by statute, administrative regulation, by operation of common law, or otherwise. This authority may be exercised by any fire department or suburban fire protection district providing such special operation services to recover its recoverable costs and expenses not otherwise specifically paid or for which specific provision has been made as a part of its annual fees or tax receipts and only after being specifically requested by the incident commander.
(D) Recoverable costs and expenses may be recovered by agreement between the fire department or suburban fire protection district and the person or entity to whom the special operations services were rendered, i.e., the contractor, or individual, conducting or responsible for the activity that led to the requirement of the special operations, but if such agreement cannot be reached within 90 days after having provided said entity with a statement of such recoverable costs and expenses, an action for recovery of said costs and expenses may be initiated by the fire department or suburban fire protection district in the Jefferson Circuit/District Court of competent jurisdiction for civil claims generally.
(1) All requests or invoices for recoverable costs and expenses by the fire department and/or Metro Government departments or agencies which provided assistance in the special operations at the request of the incident commander, shall be submitted to the authority having jurisdiction, as defined in §
94.30. If done by agreement, other independent Metro Government agencies (e.g., MSD and Louisville Water Company) and suburban fire districts shall submit their respective requests or invoices for recoverable costs and expenses to the authority having jurisdiction. Itemized statements for such recoverable costs and expenses must be submitted to the authority having jurisdiction within 14 days of the conclusion of said special operation.
(2) The authority having jurisdiction has the responsibility to review all requests for reimbursement by other agencies, if applicable, suburban fire districts, if applicable, and responding Metro Government agencies and departments for accuracy and authenticity.
(3) The authority having jurisdiction must submit compiled expense statements to the contractor, or individual conducting or responsible for the activity that led to the requirement of the special operation within 28 days of the conclusion of said special operation.
(E) If any section, subsection, sentence or clause of this section is held invalid or unconstitutional by any court of competent jurisdiction, then such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this section.
(1994 Jeff. Code, § 36.26) (Jeff. Ord. 13-2002, adopted and effective 3-26-2002; Lou. Metro Am. Ord. No. 84-2007, approved 5-15-2007)
