ACTIONS IN PARTICULAR CASES
LIABILITY FOR EMERGENCY RESPONSES
6-2402. Volunteer fire departments — Schedule of charges — Conditions for collection — Reports — Failure to pay. (1) As used in this section, "volunteer fire department" means a fire department organized as a nonprofit corporation with a primary purpose of firefighting, fire protection, or other emergency services, which has entered into an agreement with a validly organized city or county to provide fire fighting, fire protection, or other emergency services to a distinct service area.
(2) A volunteer fire department that provides services 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 who receives service if the following conditions are met:
(a) At the following times, the department gives notice in a newspaper of general circulation on three (3) separate occasions in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(i) Before the schedule of service charges is initiated;
(ii) When there is a change in the amount of a service charge.
(b) The property owner has not sent written notice to the department to refuse service by the department to the owner’s property.
(c) The bill for payment of the service charge:
(i) Is submitted to the property owner in writing within thirty (30) days after services are provided; and
(ii) 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.
(3) A volunteer fire department shall use the revenue collected from the fire service charges under this section for:
(a) The purchase of equipment, buildings and property for firefighting, fire protection or other emergency services;
(b) The ordinary and necessary expenses associated with firefighting, fire protection and other emergency services; and
(c) To pay principal and interest on a loan acquired for the purchase of equipment, buildings and property for firefighting, fire protection and other emergency services.
(4) A volunteer fire department that:
(a) Has contracted with a political subdivision to provide fire protection or emergency services, and
(b) Charges for services under the provisions of this section,
shall 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.
(5) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.
(6) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge authorized under the provisions of this section.
[6-2402, added 2005, ch. 305, sec. 1, p. 953.]