CHAPTER 13. TOWNSHIP FIRE PROTECTION AND EMERGENCY SERVICES
IC 36-8-13
Chapter 13. Township Fire Protection and Emergency Services
IC 36-8-13-1
Application of chapter
Sec. 1. This chapter applies to all townships. However, thischapter does not apply to a township in which the fire department ofthe township has been consolidated under IC 36-3-1-6.1.
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.227-2005,SEC.49.
IC 36-8-13-2
Establishment of fire protection; procedure
Sec. 2. If a majority of the owners of taxable real propertyresiding within and owning real property within that part of atownship located outside the corporate boundaries of a municipalitypetition the township executive and legislative body to provide fireprotection in that part of the township, the executive and legislativebody shall grant the petition and proceed without delay to provide forfire protection. The executive and legislative body shall determinewhich of the methods in section 3 of this chapter for providing fireprotection in townships will be followed.
As added by Acts 1981, P.L.309, SEC.65.
IC 36-8-13-3
Authorized methods of providing fire protection; preference foremployment
Sec. 3. (a) The executive of a township, with the approval of thelegislative body, may do the following:
(1) Purchase firefighting and emergency services apparatus andequipment for the township, provide for the housing, care,maintenance, operation, and use of the apparatus and equipmentto provide services within the township but outside thecorporate boundaries of municipalities, and employ full-time orpart-time personnel to operate the apparatus and equipment andto provide services in that area. Preference in employmentunder this section shall be given according to the followingpriority:
(A) A war veteran who has been honorably discharged fromthe United States armed forces.
(B) A person whose mother or father was a:
(i) firefighter of a unit;
(ii) municipal police officer; or
(iii) county police officer;
who died in the line of duty (as defined in IC 5-10-10-2).
The executive of a township may give a preference foremployment under this section to a person who was employedfull-time or part-time by another township to provide fireprotection and emergency services and has been laid off by thetownship. The executive of a township may also give a
preference for employment to a firefighter laid off by a cityunder IC 36-8-4-11. A person described in this subdivision maynot receive a preference for employment unless the personapplies for employment and meets all employment requirementsprescribed by law, including physical and age requirements, andall employment requirements prescribed by the fire department.
(2) Contract with a municipality in the township or in acontiguous township that maintains adequate firefighting oremergency services apparatus and equipment to provide fireprotection or emergency services for the township inaccordance with IC 36-1-7.
(3) Cooperate with a municipality in the township or in acontiguous township in the purchase, maintenance, and upkeepof firefighting or emergency services apparatus and equipmentfor use in the municipality and township in accordance withIC 36-1-7.
(4) Contract with a volunteer fire department that has beenorganized to fight fires in the township for the use and operationof firefighting apparatus and equipment that has been purchasedby the township in order to save the private and public propertyof the township from destruction by fire, including use of theapparatus and equipment in an adjoining township by thedepartment if the department has made a contract with theexecutive of the adjoining township for the furnishing offirefighting service within the township.
(5) Contract with a volunteer fire department that maintainsadequate firefighting service in accordance with IC 36-8-12.
(b) This subsection applies only to townships that provide fireprotection or emergency services or both under subsection (a)(1) andto municipalities that have some part of the municipal territorywithin a township and do not have a full-time paid fire department.A township may provide fire protection or emergency services orboth without contracts inside the corporate boundaries of themunicipalities if before July 1 of a year the following occur:
(1) The legislative body of the municipality adopts an ordinanceto have the township provide the services without a contract.
(2) The township legislative body passes a resolution approvingthe township's provision of the services without contracts to themunicipality.
In a township providing services to a municipality under this section,the legislative body of either the township or a municipality in thetownship may opt out of participation under this subsection byadopting an ordinance or a resolution, respectively, before July 1 ofa year.
(c) This subsection applies only to a township that:
(1) is located in a county containing a consolidated city;
(2) has at least three (3) included towns (as defined inIC 36-3-1-7) that have all municipal territory completely withinthe township on January 1, 1996; and
(3) provides fire protection or emergency services, or both,
under subsection (a)(1);
and to included towns (as defined in IC 36-3-1-7) that have all theincluded town's municipal territory completely within the township.A township may provide fire protection or emergency services, orboth, without contracts inside the corporate boundaries of themunicipalities if before August 1 of the year preceding the firstcalendar year to which this subsection applies the townshiplegislative body passes a resolution approving the township'sprovision of the services without contracts to the municipality. Theresolution must identify the included towns to which the resolutionapplies. In a township providing services to a municipality under thissection, the legislative body of the township may opt out ofparticipation under this subsection by adoptinga resolution beforeJuly 1 of a year. A copy of a resolution adopted under this subsectionshall be submitted to the executive of each included town covered bythe resolution, the county auditor, and the department of localgovernment finance.
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.269-1993,SEC.1; P.L.2-1995, SEC.136; P.L.54-1996, SEC.2; P.L.1-1999,SEC.101; P.L.90-2002, SEC.494; P.L.95-2003, SEC.3; P.L.97-2004,SEC.131; P.L.182-2009(ss), SEC.439; P.L.110-2010, SEC.37.
IC 36-8-13-4
Township firefighting fund; tax levy; donations
Sec. 4. (a) Each township shall annually establish a townshipfirefighting fund which is to be the exclusive fund used by thetownship for the payment of costs attributable to providing fireprotection or emergency services under the methods prescribed insection 3 of this chapter and for no other purposes. The money in thefund may be paid out by the township executive with the consent ofthe township legislative body.
(b) Each township may levy, for each year, a tax for the townshipfirefighting fund. Other than a township providing fire protection oremergency services or both to municipalities in the township undersection 3(b) or 3(c) of this chapter, the tax levy is on all taxable realand personal property in the township outside the corporateboundaries of municipalities. Subject to the levy limitationscontained in IC 6-1.1-18.5, the township levy is to be in an amountsufficient to pay all costs attributable to fire protection andemergency services that are not paid from other revenues availableto the fund. The tax rate and levy shall be established in accordancewith the procedures set forth in IC 6-1.1-17.
(c) In addition to the tax levy and service charges received underIC 36-8-12-13 and IC 36-8-12-16, the executive may acceptdonations to the township for the purpose of firefighting and otheremergency services and shall place them in the fund, keeping anaccurate record of the sums received. A person may also donatepartial payment of any purchase of firefighting or other emergencyservices equipment made by the township.
(d) If a fire department serving a township dispatches fire
apparatus or personnel to a building or premises in the township inresponse 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;
the township may impose a fee or service charge upon the owner ofthe property. However, if the owner of property that constitutes theowner's residence establishes that the alarm is under a maintenancecontract with an alarm company and that the alarm company hasbeen notified of the improper installation or maintenance of thealarm, the alarm company is liable for the payment of the fee orservice charge.
(e) The amount of a fee or service charge imposed undersubsection (d) shall be determined by the township legislative body.All money received by the township from the fee or service chargemust be deposited in the township's firefighting fund.
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.352-1987,SEC.1; P.L.316-1989, SEC.1; P.L.343-1989(ss), SEC.23;P.L.63-1991, SEC.9; P.L.269-1993, SEC.2; P.L.70-1995, SEC.10;P.L.54-1996, SEC.3; P.L.82-2001, SEC.3.
IC 36-8-13-4.5
Payment of township provided fire protection or emergencyservices; sources of funds; sufficiency of levy; donations
Sec. 4.5. (a) This section applies to a township that provides fireprotection or emergency services or both to a municipality in thetownship under section 3(b) or 3(c) of this chapter.
(b) With the consent of the township legislative body, thetownship executive shall pay the expenses for fire protection andemergency services in the township, both inside and outside thecorporate boundaries of participating municipalities, from anycombination of the following township funds, regardless of when thefunds were established:
(1) The township firefighting fund under section 4 of thischapter.
(2) The cumulative building and equipment fund underIC 36-8-14.
(3) The debt fund under sections 6 and 6.5 of this chapter.
(c) Subject to the levy limitations contained in IC 6-1.1-18.5, thetax rate and levy for the township firefighting fund, the cumulativebuilding and equipment fund, or the debt fund is to be in an amountsufficient to pay all costs attributable to fire protection or emergencyservices that are provided to the township and the participatingmunicipalities that are not paid from other available revenues. Thetax rate and levy for each fund shall be established in accordancewith the procedures set forth in IC 6-1.1-17 and apply both insideand outside the corporate boundaries of participating municipalities.
(d) The township executive may accept donations for the purposeof firefighting and emergency services. The township executive shall
place donations in the township firefighting fund. A person maydonate partial payment of a purchase of firefighting or emergencyservices equipment made by the township.
As added by P.L.269-1993, SEC.3. Amended by P.L.1-1994,SEC.181; P.L.1-1994, SEC.182; P.L.37-1994, SEC.2; P.L.54-1996,SEC.4.
IC 36-8-13-4.6
Maximum permissible property tax levy; adjustment wheretownship imposes levy to pay fire protection and emergencyservices expenses
Sec. 4.6. (a) For townships and municipalities that elect to havethe township provide fire protection and emergency services undersection 3(b) of this chapter, the department of local governmentfinance shall adjust each township's and each municipality'smaximum permissible levy in the year following the year in whichthe change is elected, as determined under IC 6-1.1-18.5-3, to reflectthe change from providing fire protection under a contract betweenthe municipality and the township to allowing the township toimpose a property tax levy on the taxable property located within thecorporate boundaries of each municipality. Each municipality'smaximum permissible property tax levy shall be reduced by theamount of the municipality's property tax levy that was imposed bythe municipality to meet the obligations to the township under thefire protection contract. The township's maximum permissibleproperty tax levy shall be increased by the product of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the township received:
(A) in the year in which the change is elected; and
(B) as fire protection contract payments from allmunicipalities whose levy is decreased under this section.
(b) For purposes of determining a township's or municipality'smaximum permissible ad valorem property tax levy underIC 6-1.1-18.5-3 for years following the first year after the year inwhich the change is elected, a township's or municipality's maximumpermissible ad valorem property tax levy is the levy after theadjustment made under subsection (a).
As added by P.L.269-1993, SEC.4. Amended by P.L.2-1995,SEC.137; P.L.90-2002, SEC.495.
IC 36-8-13-4.7
Township providing fire protection and emergency services;maximum permissible property tax levy
Sec. 4.7. (a) For a township that elects to have the townshipprovide fire protection and emergency services under section 3(c) ofthis chapter, the department of local government finance shall adjustthe township's maximum permissible levy in the year following theyear in which the change is elected, as determined underIC 6-1.1-18.5-3, to reflect the change from providing fire protectionor emergency services under a contract between the municipality and
the township to allowing the township to impose a property tax levyon the taxable property located within the corporate boundaries ofeach municipality. For the ensuing calendar year, the township'smaximum permissible property tax levy shall be increased by theproduct of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the township contracted or billed to receive,regardless of whether the amount was collected:
(A) in the year in which the change is elected; and
(B) as fire protection or emergency service payments fromthe municipalities or residents of the municipalities coveredby the election under section 3(c) of this chapter.
The maximum permissible levy for a general fund or other fund ofa municipality covered by the election under section 3(c) of thischapter shall be reduced for the ensuing calendar year to reflect thechange to allowing the township to impose a property tax levy on thetaxable property located within the corporate boundaries of themunicipality. The total reduction in the maximum permissible leviesfor all electing municipalities must equal the amount that themaximum permissible levy for the township is increased under thissubsection for contracts or billings, regardless of whether the amountwas collected, less the amount actually paid from sources other thanproperty tax revenue.
(b) For purposes of determining a township's and eachmunicipality's maximum permissible ad valorem property tax levyunder IC 6-1.1-18.5-3 for years following the first year after the yearin which the change is elected, a township's and each municipality'smaximum permissible ad valorem property tax levy is the levy afterthe adjustment made under subsection (a).
(c) The township may use the amount of a maximum permissibleproperty tax levy computed under this section in setting budgets andproperty tax levies for any year in which the election in section 3(c)of this chapter is in effect. A county board of tax adjustment may notreduce a budget or tax levy solely because the budget or levy is basedon the maximum permissible property tax levy computed under thissection.
(d) Section 4.6 of this chapter does not apply to a property taxlevy or a maximum property tax levy subject to this section.
As added by P.L.54-1996, SEC.5. Amended by P.L.90-2002,SEC.496; P.L.224-2007, SEC.130; P.L.146-2008, SEC.783.
IC 36-8-13-5
Purchase of firefighting apparatus and equipment; installmentcontracts
Sec. 5. After a sufficient appropriation has been made andapproved and is available for the purchase of firefighting apparatusand equipment, including housing, the township executive, with theapproval of the township legislative body, may purchase it for thetownship on an installment conditional sale or mortgage contractrunning for a period not exceeding: (1) six (6) years; or
(2) fifteen (15) years for a township that:
(A) has a total assessed value of sixty million dollars($60,000,000) or less, as determined by the department oflocal government finance; and
(B) is purchasing the firefighting equipment with fundingfrom the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equalinstallments payable on January 1 and July 1 each year.
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.83-1998,SEC.3; P.L.90-2002, SEC.497; P.L.178-2002, SEC.134.
IC 36-8-13-6
Purchase of firefighting apparatus and equipment; loans; tax levy
Sec. 6. (a) Subject to section 6.5 of this chapter, the executive andlegislative body, on behalf of the township, may also borrow thenecessary money from a financial institution in Indiana to make thepurchase on the same terms. They shall, on behalf of the township,execute and deliver to the institution the negotiable note or bond ofthe township for the sum borrowed. The note or bond must bearinterest, with both principal and interest payable in equal orapproximately equal installments on January 1 and July 1 each yearover a period not exceeding six (6) years.
(b) The first installment of principal and interest on a contract,chattel mortgage, note, or bond is due on the next January 1 or July1 following the first tax collection for which it is possible for thetownship to levy a tax. The executive and legislative body shallappropriate and levy a tax each year sufficient to pay the obligationaccording to its terms. An obligation of the township executed underthis chapter is a valid and binding obligation of the township,notwithstanding any tax limitation, debt limitation, bonding,borrowing, or other statute to the contrary.
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.41-1993,SEC.50.
IC 36-8-13-6.5
Objection by taxpayers; department of local government financehearing and action; appeal
Sec. 6.5. (a) If the executive and the legislative body determinethat money should be borrowed under section 6 of this chapter, notless than ten (10) taxpayers in the township who disagree with thedetermination may file a petition in the office of the county auditornot more than thirty (30) days after notice of the determination isgiven. The petition must state the taxpayers' objections and thereasons why the taxpayers believe the borrowing to be unnecessaryor unwise.
(b) The county auditor shall immediately certify a copy of thepetition, together with other data necessary to present the questions
involved, to the department of local government finance. Uponreceipt of the certified petition and other data, the department oflocal government finance shall fix a time and place for the hearing ofthe matter. The hearing shall be held not less than five (5) and notmore than thirty (30) days after the receipt of the certifieddocuments.
(c) The hearing shall be held in the county where the petitionarose.
(d) Notice of the hearing shall be given by the department of localgovernment finance to the township and to the first ten (10) taxpayerpetitioners listed on the petition by letter. The letter shall be sent tothe first ten (10) taxpayer petitioners at the taxpayer's usual place ofresidence at least five (5) days before the date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) township against which a petition under subsection (a) isfiled;
may petition for judicial review of the final determination of thedepartment of local government finance under subsection (a). Thepetition must be filed in the tax court not more than forty-five (45)days after the date of the department's final determination.
As added by P.L.41-1993, SEC.51. Amended by P.L.90-2002,SEC.498; P.L.256-2003, SEC.38.
IC 36-8-13-7
Purchase of firefighting apparatus and equipment; procedure
Sec. 7. (a) All purchases of firefighting apparatus and equipmentshall be made in the manner provided by statute for the purchase oftownship supplies. If the amount involved is sufficient to requirenotice under statutes for bids in connection with the purchase ofapparatus or equipment, the notice must offer all bidders theopportunity of proposing to sell the apparatus and equipment to thetownship upon a conditional sale or mortgage contract.
(b) A bidder proposing to sell on a conditional sale or mortgagecontract shall state in his bid the proposed interest rate and terms ofit, to be considered by the township executive and legislative bodyin determining the best bid received.
(c) All bids submitted must specify the cash price at which thebidder proposes to sell the apparatus or equipment to the townshipso that the executive and legislative body may determine whether itis in the best interest of the township to purchase the apparatus orequipment on the terms of a conditional sale or mortgage contractproposed by the bidder or to purchase it for cash if sufficient fundsare available or can be raised by negotiating a loan with a financialinstitution in accordance with this section.
As added by Acts 1981, P.L.309, SEC.65.
IC 36-8-13-8
Township fire departments; insurance coverage
Sec. 8. A township having a regularly organized fire department
employing full-time firefighters may procure at the township'sexpense:
(1) an insurance policy for each member of the departmentinsuring the member against the loss of his life ordismemberment while in the performance of his regularlyassigned duties; and
(2) group insurance providing supplemental income protectionfor a member of the department who has been injured duringthe course of his employment.
The insurance coverage shall be selected with the consent of themembers and is supplemental to other benefits provided the injuredmember by law.
As added by Acts 1981, P.L.309, SEC.65.
IC 36-8-13-9
Payment of line of duty health care expenses for firefighters
Sec. 9. (a) A township shall pay for the care of a full-time, paidfirefighter who suffers:
(1) an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The township shall pay for the following expenses incurred bya firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agentsand means.
(3) X-ray, diagnostic, and therapeutic service, including duringthe recovery period.
(4) Hospital and special nursing care if the physician or surgeonin charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from thetownship firefighting fund established by section 4 of this chapter.
(d) A township that has paid for the care of a firefighter undersubsection (a) has a cause of action for reimbursement of the amountpaid under subsection (a) against any third party against whom thefirefighter has a cause of action for an injury sustained because of,or an illness caused by, the third party. The township's cause ofaction under this subsection is in addition to, and not in lieu of, thecause of action of the firefighter against the third party.
As added by P.L.150-2002, SEC.4.