§ 36-8-12-13 — Charges; owners of property or vehicle involved in fire or spill; failure to pay; administrative fees

Indiana § 36-8-12-13

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 12: Volunteer Fire Departments

Text

(a) Except as provided in subsection (b), the
volunteer fire department that responds first to an incident may impose
a charge on the owner of property, the owner of a vehicle, or a
responsible party (as defined in IC 13-11-2-191(d)) that is involved in
a hazardous material 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 in
extinguishing, containing, or cleaning up.
A second or subsequently responding volunteer fire department may
not impose a charge on an owner or responsible party under this
section, although it may be entitled to reimbursement from the first
responding volunteer fire department in accordance with an interlocal
or other agreement.
(b) A volunteer fire department that is funded, in whole or in part:
(1) by taxes imposed by a unit; or
(2) by a contract with a unit;
may not impose a charge under subsection (a) on a natural person who
resides or pays property taxes within the boundaries of the unit
described in subdivision (1) or (2), unless the spill or the chemical or
hazardous material fire poses an imminent threat to persons or
property.
(c) The volunteer fire department shall bill the owner or responsible
party of the vehicle for the total dollar value of the assistance that was
provided, with that value determined by a method that the state fire
marshal shall establish under section 16 of this chapter. A copy of the
fire incident report to the state fire marshal must accompany the bill.
This billing must take place within thirty (30) days after the assistance
was provided. The owner or responsible party shall remit payment
directly to the governmental unit providing the service. Any money that
is collected under this section may be:
(1) deposited in the township firefighting and emergency services
fund established in IC 36-8-13-4(a)(1) or the township
firefighting fund established in IC 36-8-13-4(a)(2)(A);
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting 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.
(d) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(e) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(f) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(g) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a) and may,
if it prevails, recover all costs of the action, including reasonable
attorney's fees.

Legislative History

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; P.L.208-2011, SEC.1; P.L.10-2019, SEC.140; P.L.236-2023, SEC.200.