Section 36-8-12-16 - Schedule of charges for service; conditions for collection; reports; failure to pay(a) A volunteer fire department that provides service within a jurisdiction served by the department may establish a schedule of charges for the services that the department provides not to exceed the state fire marshal's recommended schedule for services. The volunteer fire department or its agent may collect a service charge according to this schedule from the owner of property that receives service if the following conditions are met: (1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides: (A) Before the schedule of service charges is initiated.(B) When there is a change in the amount of a service charge.(2) The property owner has not sent written notice to the department 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 within thirty (30) days after the services are provided;(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report;(C) must contain verification that the bill has been approved by the chief of the volunteer fire department; and(D) must contain language indicating that correspondence from the property owner and any question from the property owner regarding the bill should be directed to the department.(4) Payment is remitted directly to the governmental unit providing the service.(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section: (1) for the purchase of equipment, buildings, and property for firefighting, 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.(c) 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.(d) 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.(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.(f) 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 34-6-2-110), the legislative body of a contracting political subdivision must approve the schedule of service charges established under subsection (a) before the schedule of service charges is initiated in that political subdivision.(g) A volunteer fire department that: (1) has contracted with a political subdivision to provide fire protection or emergency services; and(2) charges for services 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 service charges collected during the previous calendar year and how those funds have been expended.
(h) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.(i) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.Amended by P.L. 236-2023,SEC. 201, eff. 1/1/2024.Amended by P.L. 208-2011, SEC. 2, eff. 7/1/2011.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.