Saf-C 5200

CHAPTER Saf-C 5200 GUIDELINES FOR ESTABLISHING MAXIMUM RATES FOR HAZARDOUS MATERIALS INCIDENT RESPONSE

Statutory Authority: RSA 154:8-a, II(g)

PART Saf-C 5201 PURPOSE

Saf-C 5201.01 Purpose.

(a) It is the purpose of this chapter to establish guidelines for the department of safety to set the maximum rates for equipment usage and personnel costs that may be charged by any municipality, organization or mutual aid district as provided in RSA 154:8-a.

(b) This chapter is not intended:

(1) To set costs for replacement of equipment that is expended or damaged in containing hazardous materials or toxic wastes; or

(2) To set costs for disposable materials that are expended or damaged in containing hazardous materials or toxic wastes.

Source. #7511, eff 6-23-01

PART Saf-C 5202 DEFINITIONS

Saf-C 5202.01 “Commissioner” means “commissioner” of the department of safety.

Source. #7511, eff 6-23-01

Saf-C 5202.02 “Department” means the department of safety.

Source. #7511, eff 6-23-01

Saf-C 5202.03 “Fee schedule” means the hourly rates or fees for equipment usage and personnel costs for emergency response to hazardous materials incidents.

Source. #7511, eff 6-23-01

PART Saf-C 5203 GUIDELINES FOR ESTABLISHING FEE SCHEDULE

Saf-C 5203.01 Survey of Costs Deadline. Prior to July 1 of each biennium, the commissioner shall complete a survey of costs for response to hazardous materials incident.

Source. #7511, eff 6-23-01

Saf-C 5203.02 Information Surveyed. The survey required by Saf-C 5203.01 shall include a request for the following costs:

(a) Maximum hourly rates or fees that have been established for fire apparatus, police vehicles, public works vehicles, specialized hazardous materials response apparatus, and other vehicles that respond to hazardous materials emergency incidents;

(b) Maximum hourly rates or fees that have been established for specialized equipment that is utilized at hazardous materials emergency incidents; and

(1) Overtime for full-time personnel;

(2) Hourly rates for on-call personnel; and

(3) Administrative costs charged for fringe benefits and other related costs including, but not limited to:

a. Fire fighters;

b. Emergency medical personnel;

c. Hazardous materials technicians;

d. Police officers;

e. Public works personnel; and

f. Emergency management personnel.

Source. #7511, eff 6-23-01

Saf-C 5203.03 Entities to be Surveyed.

(a) The survey shall include a cross-section of political sub-divisions as follows:

(1) At least 10 municipalities that employ full-time fire fighters;

(2) At least 10 municipalities that utilize on-call or volunteer fire fighters; and

(3) At least 5 municipalities or mutual aid districts that deploy a regional hazardous materials response team.

(b) To the extent possible, the survey shall include:

(1) Municipalities from different geographical regions of the state;

(2) Cities, towns, village precincts, and mutual aid districts; and

(3) The rate schedule that is established by the department of resources and economic development for costs incurred by municipalities for woodland fire control pursuant to RSA 227-L:22.

Source. #7511, eff 6-23-01

Saf-C 5203.04 Commissioner’s Determination of Maximum Rates.

(a) Upon completion of the survey, the commissioner shall determine what the maximum rates that may be charged by any municipality, organization or mutual aid organization pursuant to RSA 154:8-a.

(b) In determining the maximum rate to be charged for equipment, the commissioner shall consider whether the rate charged reflects the actual cost of operating or using the equipment, including depreciation, overhead costs, and other factors in accordance with general accepted accounting principles.

(1) Hourly rates, overtime, fringe benefits, and administrative costs as determined by local ordinances, collective bargaining agreements, intermunicipal agreements, mutual aid agreements or any other legally binding contracts; and

(2) Geographical differences throughout the state that might affect wage scales and other costs.

(d) The fee schedule, as contained in Appendix 1, shall be in effect until such time as it is revised by the commissioner.

Source. #7511, eff 6-23-01; amd by #8253, eff 1-8-05

Appendix I

MAXIMUM RATES FOR EQUIPMENT USAGE AND PERSONNEL COSTS

TYPE OF EXPENSE	RATE

VEHICLE: Engine	$155.00/hour
VEHICLE: Tow & Trailer	$91.00/hour
VEHICLE: Other	$32.00/hour

On-Call Personnel	$55.00/hour

Expendable Materials	Retail cost of the item

Administrative Fee	15% of total bill

Appendix II

RULE NUMBER	STATUTE IMPLEMENTED

Saf-C 5201.01	RSA 541-A:7
Saf-C 5202.01	RSA 541-A:7
Saf-C 5202.02	RSA 541-A:7
Saf-C 5202.03	RSA 541-A:7
Saf-C 5203.01	RSA 154:8-a, II - II-a
Saf-C 5203.02	RSA 154:8-a, II - II-a
Saf-C 5203.03	RSA 154:8-a, II - II-a
Saf-C 5203.04	RSA 154:8-a, II - II-a
Saf-C 5203.04(d)	RSA 154:8-a, II-a (g)