(a)The executive of a township, with the
approval of the legislative body, may do the following:
(1)Purchase firefighting and emergency services apparatus and
equipment for the township, provide for the housing, care,
maintenance, operation, and use of the apparatus and equipment
to provide services within the township but outside the corporate
boundaries of municipalities, and employ full-time or part-time
personnel to operate the apparatus and equipment and to provide
services in that area. Preference in employment under this section
shall be given according to the following priority:
(A)A war veteran who has been discharged from the armed
forces of the United States under conditions other than
conditions set forth in IC 10-17-12-7.5(2).
(B)A person whose mother or father was a:
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(a) The executive of a township, with the
approval of the legislative body, may do the following:
(1) Purchase firefighting and emergency services apparatus and
equipment for the township, provide for the housing, care,
maintenance, operation, and use of the apparatus and equipment
to provide services within the township but outside the corporate
boundaries of municipalities, and employ full-time or part-time
personnel to operate the apparatus and equipment and to provide
services in that area. Preference in employment under this section
shall be given according to the following priority:
(A) A war veteran who has been discharged from the armed
forces of the United States under conditions other than
conditions set forth in IC 10-17-12-7.5(2).
(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 for
employment under this section to a person who was employed
full-time or part-time by another township to provide fire
protection and emergency services and has been laid off by the
township. The executive of a township may also give a preference
for employment to a firefighter laid off by a city under IC 36-8-4-11. A person described in this subdivision may not receive
a preference for employment unless the person applies for
employment and meets all employment requirements prescribed
by law, including physical and age requirements, and all
employment requirements prescribed by the fire department.
(2) Contract with a municipality in the township or in a
contiguous township that maintains adequate firefighting or
emergency services apparatus and equipment to provide fire
protection or emergency services for the township in accordance
with IC 36-1-7.
(3) Cooperate with a municipality in the township or in a
contiguous township in the purchase, maintenance, and upkeep of
firefighting or emergency services apparatus and equipment for
use in the municipality and township in accordance with IC 36-1-7.
(4) Contract with a volunteer fire department that has been
organized to fight fires in the township for the use and operation
of firefighting apparatus and equipment that has been purchased
by the township in order to save the private and public property
of the township from destruction by fire, including use of the
apparatus and equipment in an adjoining township by the
department if the department has made a contract with the
executive of the adjoining township for the furnishing of
firefighting service within the township.
(5) Contract with a volunteer fire department that maintains
adequate firefighting service in accordance with IC 36-8-12.
(6) Use money in the township's rainy day fund to pay costs
attributable to providing fire protection or emergency services
under this chapter.
(b) This subsection applies only to townships that provide fire
protection or emergency services or both under subsection (a)(1) and
to municipalities that have some part of the municipal territory within
a township and do not have a full-time paid fire department. A
township may provide fire protection or emergency services or both
without contracts inside the corporate boundaries of the municipalities
if before July 1 of a year the following occur:
(1) The legislative body of the municipality adopts an ordinance
to have the township provide the services without a contract.
(2) The township legislative body passes a resolution approving
the township's provision of the services without contracts to the
municipality.
In a township providing services to a municipality under this section,
the legislative body of either the township or a municipality in the
township may opt out of participation under this subsection by adopting
an ordinance or a resolution, respectively, before July 1 of a 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 in IC 36-3-1-7) that have all municipal territory completely within the
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 the
included town's municipal territory completely within the township. A
township may provide fire protection or emergency services, or both,
without contracts inside the corporate boundaries of the municipalities
if before August 1 of the year preceding the first calendar year to which
this subsection applies the township legislative body passes a
resolution approving the township's provision of the services without
contracts to the municipality. The resolution must identify the included
towns to which the resolution applies. In a township providing services
to a municipality under this section, the legislative body of the
township may opt out of participation under this subsection by adopting
a resolution before July 1 of a year. A copy of a resolution adopted
under this subsection shall be submitted to the executive of each
included town covered by the resolution, the county auditor, and the
department of local government finance.
[Pre-Local Government Recodification Citations:
subdivision (1) formerly 17-4-18-1 part; 17-4-20-6 part; 17-4-20-7
part; subdivision (2) formerly 17-4-20-1 part; 17-4-20-2 part;
17-4-20-6 part; subdivision (3) formerly 17-4-20-1 part; 17-4-20-2
part; subdivision (4) formerly 17-4-20-8; subdivision (5) formerly
17-4-19-1 part.]
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; P.L.255-2017, SEC.37; P.L.238-2025, SEC.102.