11/07/2015, 06:00
NEW FEE SCHEDULEservices of the fire brigade are now charged correctly
Regularly the Berlin Fire Department has to pump out cellars and save animals. But who pays for that? A new regulation provides clarity.
Transport a patient with a suspected heart attack in a hospital, a fully overflowed during a storm cellar emptying or bring down a helpless cat from a tree - these are in addition to the classic firefighting typical examples of the work of the Berlin Fire Department.
So different in their meaning the stakes are, they have one thing in common: they are subject to charges. This does not mean that these fees come in any case at the fire department.
What the authority may take into account, is precisely defined in the proud 60-page "Firemen tolls order". But apparently not precise enough. Especially in the area of technical assistance, the legal part is so unclear that bills the fire pulling by the addressees regularly contradictions or even lawsuits by itself.
That should change according to the will of the Senate now.
Hope of legal certainty
97,629,149 euros have conceded to fees and reimbursements for services over the past year the Berlin Fire Department. 90 million were allocated to the emergency services, in which usually the cost of the health insurance of the person concerned will be reimbursed.
The remaining seven million euros were fees for services technical assistance. Especially at issue in the revision of the fee schedule, which seeks the Senate Administrative sense now.
"Fees K - reimbursement" is the part of the fire service tolls order overwritten, which regulates the costs. Three points there are, for the home of Interior Minister Frank Henkel (CDU) is seen to be done. In addition to the aforementioned animal rescue and assistance in fully overflowed cellars that includes the "prevention of threats emanating from a plot".
With which the fire brigade is confronted regularly in winter, when icicles or snow overhangs must be eliminated on roofs. So far, these three items were not accurately set out in the fire service use fee schedule, a spokesman for the Senate meaning administration said on Friday.
And the current practice to settle such services the fire department about other fees posts has proven in the past often difficult because the victims question the legality. "With the addition of these services in the fee structure should now be created legal certainty," the spokesman said.
Revision thanks Skipper
That now regulated to the last detail about the animal rescue finds its way into the fire service use fee schedule, is also due to Skipper. The Terrier got lost two years ago while walking in Reinickendorf in a badger. 23 employees of the fire brigade and technical relief were eight hours of use in order to recover the four-legged friends without prejudice.
With mum Joy was initially large, that quickly changed when the vet received the bill the fire department. 13,000 Euro the woman appeared exaggerated , lower other things they denied the necessity of using a special vehicle. The dog keeper went before the Administrative Court. There they agreed on a payment of 10,000 euros.
"Something like this is not uncommon for people to call as a matter of course, the fire department and then be surprised when they get behind a bill," said a firefighter. The rescue helpless animals plays regularly in the headlines, but is not overly often.
More often, the fire service is needed, however, to pump empty after storms cellar. That was not mentioned specifically in the fee schedule this service, brought in the past regularly problems because the victims did not want to pay bills.
What happens in snow and ice
Were even more frequent and are fire-fighting operations security in connection with snow and ice. So far was also absent a clear statutory basis for these weather-related measures. And precisely in relation to these measures, the legal situation is extremely complicated, lawyers can use the simple term liability write entire books.
What this seems like splitting hairs, is for the settlement of firefighting operations but of crucial importance. Hazards of a plot, based mostly on a breach of the duty to maintain safety.
The polluter can, which has been shown in practice, be criticized for generally only simple, but not gross negligence.Thus, the strict liability for property owners and thus in many cases, the reimbursement obligation does not apply. Again to remedy a precise revision. Whether the proven itself in practice remains to be seen.
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