CHAPTER 12. VOLUNTEER FIRE DEPARTMENTS
IC 36-8-12
Chapter 12. Volunteer Fire Departments
IC 36-8-12-1
Application of chapter
Sec. 1. Except as provided in section 10 of this chapter, thischapter applies to all units except counties.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.72-1992,SEC.4.
IC 36-8-12-2
Definitions
Sec. 2. As used in this chapter:
"Emergency medical services personnel" means individualscertified by the emergency medical services commission establishedby IC 16-31-2-1 who:
(1) as a result of a written application, have been elected orappointed to membership in a volunteer fire department; and
(2) have executed a pledge to faithfully perform, with orwithout nominal compensation, the work related duties assignedand orders given to the individuals by the chief of the volunteerfire department or an officer of the volunteer fire department,including orders or duties involving education and training.
"Employee" means a person in the service of another person undera written or implied contract of hire or apprenticeship.
"Employer" means:
(1) a political subdivision;
(2) an individual or the legal representative of a deceasedindividual;
(3) a firm;
(4) an association;
(5) a limited liability company;
(6) an employer that provides on-the-job training under thefederal School to Work Opportunities Act (20 U.S.C. 6101 etseq.) to the extent set forth in IC 22-3-2-2.5(a); or
(7) a corporation or its receiver or trustee;
that uses the services of another person for pay.
"Essential employee" means an employee:
(1) who the employer has determined to be essential to theoperation of the employer's daily enterprise; and
(2) without whom the employer is likely to suffer economicinjury as a result of the absence of the essential employee.
"Nominal compensation" means annual compensation of not morethan twenty thousand dollars ($20,000).
"Public servant" has the meaning set forth in IC 35-41-1-24.
"Responsible party" has the meaning set forth inIC 13-11-2-191(e).
"Volunteer fire department" means a department or associationorganized for the purpose of answering fire alarms, extinguishingfires, and providing other emergency services, the majority of
members of which receive no compensation or nominalcompensation for their services.
"Volunteer firefighter" means a firefighter:
(1) who, as a result of a written application, has been elected orappointed to membership in a volunteer fire department;
(2) who has executed a pledge to faithfully perform, with orwithout nominal compensation, the work related duties assignedand orders given to the firefighter by the chief of the volunteerfire department or an officer of the volunteer fire department,including orders or duties involving education and training asprescribed by the volunteer fire department or the state; and
(3) whose name has been entered on a roster of volunteerfirefighters that is kept by the volunteer fire department and thathas been approved by the proper officers of the unit.
"Volunteer member" means a member of a volunteer emergencymedical services association connected with a unit as set forth inIC 16-31-5-1(6).
As added by Acts 1981, P.L.309, SEC.64. Amended by Acts 1981,P.L.181, SEC.3; P.L.217-1989, SEC.6; P.L.70-1995, SEC.6;P.L.1-1996, SEC.91; P.L.1-1999, SEC.88; P.L.192-1999, SEC.1;P.L.119-2003, SEC.1; P.L.43-2005, SEC.2; P.L.127-2009, SEC.11;P.L.174-2009, SEC.2.
IC 36-8-12-3
Agreements with units; authorization
Sec. 3. A unit may enter into an agreement with one (1) or morevolunteer fire departments that maintain adequate firefighting servicefor the use and operation of firefighting apparatus and equipmentowned by the volunteer fire department, including the service of theoperators of the apparatus and equipment, so that the private andpublic property of the unit is saved from destruction by fire.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,SEC.89.
IC 36-8-12-4
Agreements with units; consideration
Sec. 4. The contract between a unit and a volunteer firedepartment must provide that the unit pay to the department, asconsideration for the contract, an amount of money that isdetermined by negotiation between them. This consideration mustinclude the amounts that the unit is required to pay under this chapterfor insurance premiums and clothing, automobile, and otherallowances.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,SEC.90.
IC 36-8-12-5
Clothing and automobile allowances; fees for membership infirefighters' association
Sec. 5. (a) Unless otherwise provided by contract, a unit served by
a volunteer fire department shall pay to each active and participatingmember of the department:
(1) a clothing allowance of not less than one hundred dollars($100) per year; and
(2) an automobile allowance of not less than one hundreddollars ($100) per year for the use of the member's automobilein the line of duty.
(b) A contract may also provide that fees for membership in aregularly organized volunteer firefighters' association be paid by theunit on behalf of the firefighters in the volunteer fire department.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.229-1996,SEC.2; P.L.1-1999, SEC.91.
IC 36-8-12-6
Units required to insure members of department; liability forfailure to insure
Sec. 6. (a) Each unit that has a volunteer fire department shallprocure insurance in the name of and for the benefit of each memberof the department. However, if a contract or agreement existsbetween a unit and a volunteer fire department, the contract oragreement must provide for insurance of the volunteer firefightersand emergency medical services personnel in the department in theamounts and with the coverages required by this chapter. Unless thecontract or agreement stipulates otherwise, all insurance coveragemust be under a group plan, rather than in the name of eachindividual firefighter and member of the emergency medical servicespersonnel. Either the unit or the volunteer fire department, accordingto the contractor agreement, may undertake procurement of requiredinsurance, but in either case, the costs of coverage must be borne bythe unit. If a volunteer fire department serves more than one (1) unitunder a contract or agreement, each unit that the department servesshall pay the amount for the insurance coverage determined under thefollowing formula:
STEP ONE: For each census block or other area in a unit thatis served by more than one (1) volunteer fire department, dividethe population of the area by the number of volunteer firedepartments serving the area, and round the quotient to thenearest one thousandth (.001).
STEP TWO: Add the quotients determined under STEP ONEfor the unit.
STEP THREE: Determine the sum of the STEP TWO amountsfor all of the units served by the same volunteer fire department.
STEP FOUR: Divide the STEP TWO amount for a unit by theSTEP THREE amount and round the quotient to the nearest onethousandth (.001).
STEP FIVE: Multiply the costs of the insurance coverage forthe volunteer fire department by the quotient determined underSTEP FOUR, rounded to the nearest dollar.
(b) A diminution of insurance benefits may not occur under thissection because of a change in the insurance carrier or a change as to
who actually procures the required insurance.
(c) Each unit that has a volunteer fire department may procure aninsurance policy for the benefit of auxiliary groups whose memberscould be injured while assisting the volunteer firefighters andemergency medical services personnel in the performance of theirduties.
(d) Each unit that has a volunteer fire department may procure aninsurance policy or any other type of instrument that providesretirement benefits as an incentive to volunteer firefighters andemergency medical services personnel for continued service.
(e) An insurance policy or other instrument containing any of theprovisions authorized by subsection (d) may not be considered in thecomputation of nominal compensation for purposes of this chapter.
(f) A volunteer firefighter or member of the emergency medicalservices personnel who becomes covered by an insurance policy orother instrument containing any of the provisions authorized bysubsection (d) does not thereby become eligible for membership inthe public employees' retirement fund under IC 5-10.3.
(g) If a unit fails to provide the insurance for a volunteerfirefighter or member of the emergency medical services personnelthat this chapter requires it to provide, and a volunteer firefighter ormember of the emergency medical services personnel suffers a lossof the type that the insurance would have covered, then the unit shallpay to that volunteer firefighter or member of the emergency medicalservices personnel the same amount of money that the insurancewould have paid to the volunteer firefighter or member of theemergency medical services personnel.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.351-1987,SEC.1; P.L.268-1993, SEC.1; P.L.70-1995, SEC.7; P.L.1-1999,SEC.92; P.L.174-2009, SEC.3.
IC 36-8-12-7
Insurance; disability and medical expense coverage
Sec. 7. Each policy of insurance must provide for payment to amember of a volunteer fire department, for accidental injury orsmoke inhalation caused by or occurring in the course of theperformance of the duties of a volunteer firefighter or member of theemergency medical services personnel and for a cardiac diseaseevent proximately caused within forty-eight (48) hours by oroccurring in the course of the performance of the duties of avolunteer firefighter or member of the emergency medical servicespersonnel while in an emergency situation, as follows:
(1) For total disability that prevents the member from pursuingthe member's usual vocation:
(A) after June 30, 2009, and before July 24, 2009, a weeklyindemnity of not less than two hundred sixty-two dollars($262); and
(B) after July 23, 2009, a weekly indemnity of not less thantwo hundred ninety dollars ($290);
up to a maximum of two hundred sixty (260) weeks. After July
23, 2009, the weekly indemnity may not be less than the Indianaminimum wage computed on the basis of a forty (40) hourweek.
(2) For medical expenses, coverage for incurred expenses.However, the policy may not have medical expense limits ofless than seventy-five thousand dollars ($75,000).
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983,SEC.1; P.L.348-1985, SEC.1; P.L.229-1996, SEC.3; P.L.1-1999,SEC.93; P.L.192-1999, SEC.2; P.L.174-2009, SEC.4.
IC 36-8-12-8
Insurance; death benefits; permanent disability; liability coverage;limitations on liability
Sec. 8. (a) The policy of insurance required by section 6 of thischapter must provide for the payment of a sum not less than onehundred fifty thousand dollars ($150,000) to the beneficiary,beneficiaries, or estate of a volunteer firefighter or member of theemergency medical services personnel if the firefighter or memberof the emergency medical services personnel dies from an injury orsmoke inhalation occurring while in the performance of thefirefighter's or member of the emergency medical servicespersonnel's duties as a volunteer firefighter or member of theemergency medical services personnel or from a cardiac diseaseevent proximately caused within forty-eight (48) hours by oroccurring while in the performance of the firefighter's or member ofthe emergency medical services personnel's duties as a volunteerfirefighter or member of the emergency medical services personnel.
(b) The policy of insurance must provide for the payment of a sumnot less than one hundred fifty thousand dollars ($150,000) to thevolunteer firefighter or member of the emergency medical servicespersonnel if the firefighter or member of the emergency medicalservices personnel becomes totally and permanently disabled for acontinuous period of not less than two hundred sixty (260) weeks asa result of an injury or smoke inhalation occurring in theperformance of the firefighter's or member of the emergency medicalservices personnel's duties as a volunteer firefighter or member of theemergency medical services personnel.
(c) The policy of insurance must also provide for indemnificationto a member of a volunteer fire department who becomes partiallyand permanently disabled or impaired as a result of an injury orsmoke inhalation occurring in the performance of the firefighter's ormember of the emergency medical services personnel's duties.
(d) For the purposes of this section, partial and permanentdisability or impairment shall be indemnified as a percentage factorof a whole person.
(e) In addition to other insurance provided volunteer firefightersor emergency medical services personnel under this chapter, eachunit shall be covered by an insurance policy that provides a minimumof three hundred thousand dollars ($300,000) of insurance coveragefor the liability of all of the unit's volunteer firefighters or emergency
medical services personnel for bodily injury or property damagecaused by the firefighters or emergency medical services personnelacting in the scope of their duties while on the scene of a fire or otheremergency. The civil liability of a volunteer firefighter or member ofthe emergency medical services personnel for:
(1) an act that is within the scope of a volunteer firefighter'sduties; or
(2) the failure to do an act that is within the scope of a volunteerfirefighter's duties;
while performing emergency services at the scene of a fire or otheremergency or while traveling in an emergency vehicle from the firestation to the scene of the fire or emergency or from the scene of afire or emergency back to the fire station is limited to the coverageprovided by the insurance policy purchased under this subsection. Avolunteer firefighter or member of the emergency medical servicespersonnel is not liable for punitive damages for any act that is withinthe scope of a volunteer firefighter's or member of the emergencymedical services personnel's duties. However, if insurance asrequired under this subsection is not in effect to provide liabilitycoverage for a volunteer firefighter or member of the emergencymedical services personnel, the firefighter or member of theemergency medical services personnel is not subject to civil liabilityfor an act or a failure to act as described in this subsection.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983,SEC.2; P.L.204-1984, SEC.1; P.L.200-1986, SEC.2; P.L.217-1989,SEC.7; P.L.172-1990, SEC.1; P.L.268-1993, SEC.2; P.L.1-1999,SEC.94; P.L.192-1999, SEC.3; P.L.174-2009, SEC.5.
IC 36-8-12-9
Insurance premiums; payment from general fund
Sec. 9. All expenses incurred for premiums of the insurancerequired by this chapter shall be paid out of the general fund of theunit in the same manner as other expenses in the unit are paid.
As added by Acts 1981, P.L.309, SEC.64.
IC 36-8-12-10
Volunteers; medical treatment and burial expense coverage;determinations; premium expenses
Sec. 10. (a) A:
(1) volunteer firefighter, a member of the emergency medicalservices personnel, or an emergency medical technicianworking in a volunteer capacity for a volunteer fire departmentor ambulance company is covered; and
(2) volunteer working for a hazardous materials response teammay be covered;
by the medical treatment and burial expense provisions of theworker's compensation law (IC 22-3-2 through IC 22-3-6) and theworker's occupational diseases law (IC 22-3-7).
(b) If compensability of the injury is an issue, the administrativeprocedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be
used to determine the issue.
(c) This subsection applies to all units, including counties. Allexpenses incurred for premiums of the insurance allowed under thissection may be paid from the unit's general fund in the same manneras other expenses in the unit are paid.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.198-1988,SEC.1; P.L.3-1989, SEC.230; P.L.172-1990, SEC.2; P.L.72-1992,SEC.5; P.L.1-1999, SEC.95; P.L.174-2009, SEC.6.
IC 36-8-12-10.5
Employees of political subdivisions; volunteer firefighting orvolunteer member activity
Sec. 10.5. (a) This section does not apply to an employee of thestate subject to IC 4-15-10-7.
(b) This section applies to an employee of a political subdivisionwho:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that theemployee is a volunteer firefighter or volunteer member.
(c) The political subdivision employer may not discipline anemployee:
(1) for being absent from employment by reason of respondingto a fire or emergency call that was received before the time thatthe employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fireor an emergency call if the employee has secured authorizationfrom the employee's supervisor to leave the duty station inresponse to a fire or an emergency call received after theemployee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergencyfirefighting or other emergency response.
However, for each instance of emergency firefighting activity orother emergency response that results in an injury to an employee,subdivision (3) applies only to the period of the employee's absencefrom work that does not exceed six (6) months from the date of theinjury.
(d) The political subdivision employer may require an employeewho has been absent from employment as set forth in subsection (c)to present a written statement from the fire chief or other officer incharge of the volunteer fire department, or officer in charge of thevolunteer emergency medical services association, at the time of theabsence or injury indicating that the employee was engaged inemergency firefighting or emergency activity at the time of theabsence or injury.
(e) The political subdivision employer may require an employeewho is injured or absent from work as described in subsection (c)(3)to provide evidence from a physician or other medical authority
showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee'semergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, informationobtained under subsection (e) by a political subdivision employermust be:
(1) retained in a separate medical file created for the employee;and
(2) treated as a confidential medical record.
(g) An employee who is disciplined by the employer in violationof subsection (c) may bring a civil action against the employer in thecounty of employment. In the action, the employee may seek thefollowing:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1)year after the date of the disciplinary action.
(h) A public servant who permits or authorizes an employee of apolitical subdivision under the supervision of the public servant to beabsent from employment as set forth in subsection (c) is notconsidered to have committed a violation of IC 35-44-2-4(b).
As added by P.L.49-2004, SEC.1. Amended by P.L.43-2005, SEC.3;P.L.63-2009, SEC.2.
IC 36-8-12-10.7
Employees of private employers; volunteer firefighting orvolunteer member activity
Sec. 10.7. (a) This section applies to an employee of a privateemployer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that theemployee is a volunteer firefighter or volunteer member.
(b) Except as provided in subsection (c), the employer may notdiscipline an employee:
(1) for being absent from employment by reason of respondingto a fire or emergency call that was received before the time thatthe employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fireor emergency call if the employee has secured authorizationfrom the employee's supervisor to leave the duty station inresponse to a fire or an emergency call received after theemployee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergencyfirefighting or other emergency response.However, for each instance of emergency firefighting activity orother emergency response that results in an injury to an employee,subdivision (3) applies only to the period of the employee's absencefrom work that does not exceed six (6) months from the date of theinjury.
(c) After the employer has received the notice required undersubsection (a)(2), the employer may reject the notification from theemployee on the grounds that the employee is an essential employeeto the employer. If the employer has rejected the notification of theemployee:
(1) subsection (b) does not apply to the employee; and
(2) the employee must promptly notify the:
(A) fire chief or other officer in charge of the volunteer firedepartment; or
(B) the officer in charge of the volunteer emergency medicalservices association;
of the rejection of the notice of the employee who is a volunteerfirefighter or a volunteer member.
(d) The employer may require an employee who has been absentfrom employment as set forth in subsection (b) to present a writtenstatement from the fire chief or other officer in charge of thevolunteer fire department, or officer in charge of the emergencymedical services association, at the time of the absence or injuryindicating that the employee was engaged in emergency firefightingor emergency activity at the time of the absence or injury.
(e) The employer may require an employee who is injured orabsent from work as described in subsection (b)(3) to provideevidence from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee'semergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, informationobtained under subsection (e) by an employer must be:
(1) retained in a separate medical file created for the employee;and
(2) treated as a confidential medical record.
As added by P.L.43-2005, SEC.4. Amended by P.L.63-2009, SEC.3.
IC 36-8-12-10.9
Notice of absence; remuneration
Sec. 10.9. (a) The employer may require an employee who will beabsent from employment as set forth in:
(1) section 10.5(c)(1); or
(2) section 10.7(b)(1);
of this chapter to notify the employer before the scheduled start timefor the absence from employment to be excused by the employer.
(b) The employer is not required to pay salary or wages to anemployee who has been absent from employment as set forth insection 10.5(c) or 10.7(b) of this chapter for the time away from theemployee's duty station. The employee may seek remuneration for
the absence from employment by the use of:
(1) vacation leave;
(2) personal time;
(3) compensatory time off; or
(4) in the case of an absence from employment as set forth insection 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave.
(c) An employer shall administer an absence from employment asset forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in amanner consistent with the federal Family and Medical Leave Act of1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January1, 2009.
As added by P.L.43-2005, SEC.5. Amended by P.L.63-2009, SEC.4;P.L.1-2010, SEC.153.
IC 36-8-12-11
Blue lights on private vehicles; authorization; violations
Sec. 11. (a) Members of volunteer fire departments may displayblue lights on their privately owned vehicles while en route to scenesof emergencies or to the fire station in the line of duty subject to thefollowing conditions:
(1) A light must have a light source of at least thirty-five (35)watts.
(2) All lights must be placed on the:
(A) top of the vehicle;
(B) dashboard inside a vehicle, shielded to preventdistracting the driver; or
(C) front of the vehicle upon the bumper or at bumper level.
(3) No more than four (4) blue light assemblies may bedisplayed on one (1) vehicle, and each blue light assembly mustbe of the flashing or revolving type.
(4) A blue light assembly may contain multiple bulbs.
(5) A blue light may not be a part of the regular head lampsdisplayed on the vehicles. Alternately flashing head lamps maybe used as a supplemental warning device. Strobe lights orflashers may be installed into the light fixtures on the vehicleother than the alternating head lamps. The strobe lights orflashers may be either white or blue, with the exception of redto the rear.
(b) In order for a volunteer firefighter to display a blue light on avehicle, the volunteer firefighter must secure a written permit fromthe chief of the volunteer fire department to use the blue light andmust carry the permit at all times when the blue light is displayed.
(c) A person who is not a member of a volunteer fire departmentmay not display an illuminated blue light on a vehicle.
(d) A permittee of the owner of a vehicle lawfully equipped witha blue light may operate the vehicle only if the blue light is notilluminated.
(e) A person who violates subsection (a), (b), (c), or (d) commitsa Class C infraction. If the violator is a member of a volunteer firedepartment, the chief of the department shall discipline the violator
under fire department rules and regulations.
(f) This section does not grant a vehicle displaying blue lights theright-of-way under IC 9-21-8-35 or exemption from traffic rulesunder IC 9-21-1-8. A driver of a vehicle displaying a blue light shallobey all traffic rules.
(g) This section shall not be construed to include a vehicledisplaying a blue light and driven by a member of a volunteer firedepartment as an authorized emergency vehicle (as defined inIC 9-13-2-6).
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.88-1990,SEC.4; P.L.2-1991, SEC.108; P.L.99-1991, SEC.4; P.L.1-1999,SEC.96; P.L.6-2001, SEC.1; P.L.153-2002, SEC.2.
IC 36-8-12-12
Nonfire emergency activities; duties of fire chief
Sec. 12. When a volunteer fire department is responding to a firecall and there is no other fire department with overriding jurisdictionpresent, the fire chief, or in his absence the ranking officer, shalldirect all nonfire emergency activities at the scene until a lawenforcement officer arrives on the scene.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,SEC.97.
IC 36-8-12-13
Charges; owners of property or vehicle involved in fire or spill;failure to pay; administrative fees
Sec. 13. (a) A volunteer fire department may impose a charge onthe owner of property, the owner of a vehicle, or a responsible party(as defined in IC 13-11-2-191(e)) that is involved in a hazardousmaterial or fuel spill or chemical or hazardous material related fire(as defined in IC 13-11-2-96(b)):
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted inextinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner orresponsible party of the vehicle for the total dollar value of theassistance that was provided, with that value determined by a methodthat the state fire marshal shall establish under IC 36-8-12-16. Acopy of the fire incident report to the state fire marshal mustaccompany the bill. This billing must take place within thirty (30)days after the assistance was provided. The owner or responsibleparty shall remit payment directly to the governmental unit providingthe service. Any money that is collected under this section may be:
(1) deposited in the township firefighting fund established inIC 36-8-13-4;
(2) used to pay principal and interest on a loan made by thedepartment of homeland security established by IC 10-19-2-1 ora division of the department for the purchase of new or usedfirefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) Any administrative fees charged by a fire department's agentmust be paid only from fees that are collected and allowed by Indianalaw and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire departmentshall send all bills, notices, and other related materials to both thefire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's feeschedule must be itemized separately from any other charges.
(f) The volunteer fire department may maintain a civil action torecover an unpaid charge that is imposed under subsection (a).
As added by P.L.315-1989, SEC.1. Amended by P.L.18-1990,SEC.294; P.L.70-1995, SEC.8; P.L.2-1996, SEC.293; P.L.1-1996,SEC.92; P.L.50-1998, SEC.3; P.L.1-1999, SEC.98; P.L.107-2007,SEC.15; P.L.127-2009, SEC.12; P.L.182-2009(ss), SEC.435;P.L.1-2010, SEC.154.
IC 36-8-12-14
Reserved
IC 36-8-12-15
Liability limits; punitive damages
Sec. 15. The combined aggregate liability of a volunteer firedepartment for an act or failure to act that is within the scope of thedepartment's duties does not exceed three hundred thousand dollars($300,000) for injury to or death of one (1) person in any one (1)occurrence and does not exceed five million dollars ($5,000,000) forinjury to or death of all persons in that occurrence. A volunteer firedepartment is not liable for punitive damages.
As added by P.L.217-1989, SEC.8. Amended by P.L.1-1999, SEC.99.
IC 36-8-12-16
Schedule of charges for service; conditions for collection; reports;failure to pay
Sec. 16. (a) A volunteer fire department that provides servicewithin a jurisdiction served by the department may establish aschedule of charges for the services that the department provides notto exceed the state fire marshal's recommended schedule for services.The volunteer fire department or its agent may collect a servicecharge according to this schedule from the owner of property thatreceives service if the following conditions are met:
(1) At the following times, the department gives notice underIC 5-3-1-4(d) in each political subdivision served by thedepartment of the amount of the service charge for each servicethat the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a servicecharge.
(2) The property owner has not sent written notice to thedepartment to refuse service by the department to the owner's
property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing withinthirty (30) days after the services are provided; and
(B) includes a copy of a fire incident report in the formprescribed by the state fire marshal, if the service wasprovided for an event that requires a fire incident report.
(4) Payment is remitted directly to the governmental unitproviding the service.
(b) A volunteer fire department shall use the revenue collectedfrom the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property forfirefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund establishedunder IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by thedepartment of homeland security established by IC 10-19-2-1 ora division of the department for the purchase of new or usedfirefighting and other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agentmust be paid only from fees that are collected and allowed by Indianalaw and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire departmentshall send all bills, notices, and other related materials to both thefire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's feeschedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received bya volunteer fire department for providing fire protection oremergency services is received under one (1) or more contracts withone (1) or more political subdivisions (as defined in IC 34-6-2-110),the legislative body of a contracting political subdivision mustapprove the schedule of service charges established under subsection(a) before the schedule of service charges is initiated in that politicalsubdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fireprotection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the politicalsubdivision before April 1 of each year indicating the amount ofservice charges collected during the previous calendar year and howthose funds have been expended.
(h) The state fire marshal shall annually prepare and publish arecommended schedule of service charges for fire protectionservices.
(i) The volunteer fire department or its agent may maintain a civilaction to recover an unpaid service charge under this section.
As added by P.L.63-1991, SEC.8. Amended by P.L.70-1995, SEC.9;P.L.2-1996, SEC.294; P.L.1-1996, SEC.93; P.L.1-1998, SEC.213;
P.L.50-1998, SEC.4; P.L.1-1999, SEC.100; P.L.240-2001, SEC.2;P.L.107-2007, SEC.16; P.L.3-2008, SEC.266; P.L.182-2009(ss),SEC.436.
IC 36-8-12-17
False alarm service charges
Sec. 17. (a) If a political subdivision has not imposed its own falsealarm fee or service charge, a volunteer fire department that providesservice within the jurisdiction may establish a service charge forresponding to false alarms. The volunteer fire department maycollect the false alarm service charge from the owner of the propertyif the volunteer fire department dispatches firefighting apparatus orpersonnel to a building or premises in the township in response to:
(1) an alarm caused by improper installation or impropermaintenance; or
(2) a drill or test, if the fire department is not previouslynotified that the alarm is a drill or test.
However, if the owner of property that constitutes the owner'sresidence establishes that the alarm is under a maintenance contractwith an alarm company and that the alarm company has been notifiedof the improper installation or maintenance of the alarm, the alarmcompany is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteerfire department must provide notice under IC 5-3-1-4(d) in eachpolitical subdivision served by the department of the amount of thefalse alarm service charge. The notice required by this subsectionmust be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm servicecharge.
(c) A volunteer fire department may not collect a false alarmservice charge from a property owner or alarm company unless thedepartment's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty(30) days after the false alarm; and
(2) includes a copy of a fire incident report in the formprescribed by the state fire marshal.
(d) A volunteer fire department shall use the money collectedfrom the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property forfire fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund establishedunder IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by thedepartment of homeland security established by IC 10-19-2-1 ora division of the department for the purchase of new or usedfirefighting and other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received bya volunteer fire department for providing fire protection oremergency services is received under one (1) or more contracts with
one (1) or more political subdivisions (as defined in IC 34-6-2-110),the legislative body of a contracting political subdivision mustapprove the false alarm service charge established under subsection(a) before the service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fireprotection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the politicalsubdivision before April 1 of each year indicating the amount of falsealarm charges collected during the previous calendar year and howthose funds have been expended.
(g) The volunteer fire department may maintain a civil action torecover unpaid false alarm service charges imposed under thissection.
As added by P.L.82-2001, SEC.2. Amended by P.L.107-2007,SEC.17.
IC 36-8-12-18
Confidential information; exceptions
Sec. 18. (a) A volunteer fire department may declare the followingrecords confidential for purposes of IC 5-14-3:
(1) Personnel files of members of the volunteer fire department.
(2) Files of applicants to the volunteer fire department.
However, all personnel file information shall be made available to anaffected member or the member's representative.
(b) Notwithstanding subsection (a), a volunteer fire departmentmay not declare the following information contained in filesdescribed in subsection (a) confidential:
(1) The name, compensation, job title, business address,business telephone number, job description, education andtraining background, previous work experience, or dates of firstand last employment of present or former members of thevolunteer fire department.
(2) Information relating to the status of any formal chargesagainst a member.
(3) The factual basis for a disciplinary action in which finalaction has been taken and that resulted in the member beingsuspended, demoted, or discharged.
(c) This section does not apply to disclosure of personnelinformation generally on all members or for groups of memberswithout the request being particularized by member name.
As added by P.L.101-2006, SEC.38.
IC 36-8-12-19
Suspension or termination of EMS personnel; right to hearing andappeal
Sec. 19. (a) As used in this section, "medical director" means aphysician with an unlimited license to practice medicine in Indianaand who performs the duties and responsibilities described in 836
IAC 2-2-1.
(b) If a medical director takes any of the following actions againsta member of the emergency medical services personnel, the medicaldirector shall provide to the member and to the chief of the member'svolunteer fire department a written explanation of the reasons for theaction taken by the medical director:
(1) The medical director refuses or fails to supervise orotherwise provide medical control and direction to the member.
(2) The medical director refuses or fails to attest to thecompetency of the member to perform emergency medicalservices.
(3) The medical director suspends the member from performingemergency medical services.
(c) Before a volunteer fire department takes an action that affectsthe member's appointment with the volunteer fire department as theresult of a medical director's action described in subsection (b), themember is entitled to a hearing and appeal concerning the medicaldirector's action as provided in IC 36-8-3-4. The safety board of theunit that entered into an agreement with the volunteer fire departmentunder section 3 of this chapter shall hear the member's appealprovided by this subsection.
(d) If the medical director's action that is the subject of an appealunder subsection (c) is based on a health care decision made by themember in performing emergency medical services, the safety boardconducting the hearing shall consult with an independent medicalexpert to determine whether the member followed the applicableemergency medical services protocol in making the health caredecision. The independent medical expert:
(1) must be a physician trained in emergency medical services;and
(2) may not be affiliated with the same hospital as the medicaldirector.
As added by P.L.13-2010, SEC.5.