§ 36-8-12-17 — False alarm service charges

Indiana § 36-8-12-17

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

Text

(a) If a political subdivision has not imposed
its own false alarm fee or service charge, a volunteer fire department
that provides service within the jurisdiction may establish a service
charge for responding to false alarms. The volunteer fire department
may collect the false alarm service charge from the owner of the
property if the volunteer fire department dispatches firefighting
apparatus or personnel to a building or premises in the township in
response to:
(1) an alarm caused by improper installation or improper
maintenance; or
(2) a drill or test, if the fire department is not previously notified
that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence
establishes that the alarm is under a maintenance contract with an
alarm company and that the alarm company has been notified of the
improper installation or maintenance of the alarm, the alarm company
is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer
fire department must provide notice under IC 5-3-1-4(d) in each
political subdivision served by the department of the amount of the
false alarm service charge. The notice required by this subsection must
be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service
charge.
(c) A volunteer fire department may not collect a false alarm service
charge from a property owner or alarm company unless the
department'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 form prescribed
by the state fire marshal.
(d) A volunteer fire department shall use the money collected from
the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire
fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting and emergency
services fund established under IC 36-8-13-4(a)(1) or the
township firefighting fund established under IC 36-8-13-4(a)(2)(A); or
(3) 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.
(e) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2.1-155), the
legislative body of a contracting political subdivision must approve 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 fire
protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of false alarm
charges collected during the previous calendar year and how those
funds have been expended.
(g) The volunteer fire department may maintain a civil action to
recover unpaid false alarm service charges imposed under this section
and may, if it prevails, recover all costs of the action, including
reasonable attorney's fees.

Legislative History

As added by P.L.82-2001, SEC.2. Amended by P.L.107-2007, SEC.17; P.L.208-2011, SEC.3; P.L.236-2023, SEC.202; P.L.186-2025, SEC.259.