CHAPTER 12. VOLUNTEER FIRE DEPARTMENTS
IC 36-8-12
Chapter 12. Volunteer Fire Departments
IC 36-8-12-1
Application of chapter
Sec. 1. Except as provided in section 10 of this chapter, this
chapter applies to all units except counties.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.72-1992,
SEC.4.
IC 36-8-12-2
Definitions
Sec. 2. As used in this chapter:
"Emergency medical services personnel" means individuals
certified by the emergency medical services commission established
by IC 16-31-2-1 who:
(1) as a result of a written application, have been elected or
appointed to membership in a volunteer fire department; and
(2) have executed a pledge to faithfully perform, with or
without nominal compensation, the work related duties assigned
and orders given to the individuals by the chief of the volunteer
fire department or an officer of the volunteer fire department,
including orders or duties involving education and training.
"Employee" means a person in the service of another person under
a written or implied contract of hire or apprenticeship.
"Employer" means:
(1) a political subdivision;
(2) an individual or the legal representative of a deceased
individual;
(3) a firm;
(4) an association;
(5) a limited liability company;
(6) an employer that provides on-the-job training under the
federal School to Work Opportunities Act (20 U.S.C. 6101 et
seq.) to the extent set forth in IC 22-3-2-2.5(a); or
(7) a corporation or its receiver or trustee;
that uses the services of another person for pay.
"Essential employee" means an employee:
(1) who the employer has determined to be essential to the
operation of the employer's daily enterprise; and
(2) without whom the employer is likely to suffer economic
injury as a result of the absence of the essential employee.
"Nominal compensation" means annual compensation of not more
than twenty thousand dollars ($20,000).
"Public servant" has the meaning set forth in IC 35-41-1-24.
"Responsible party" has the meaning set forth in
IC 13-11-2-191(e).
"Volunteer fire department" means a department or association
organized for the purpose of answering fire alarms, extinguishing
fires, and providing other emergency services, the majority of
members of which receive no compensation or nominal
compensation for their services.
"Volunteer firefighter" means a firefighter:
(1) who, as a result of a written application, has been elected or
appointed to membership in a volunteer fire department;
(2) who has executed a pledge to faithfully perform, with or
without nominal compensation, the work related duties assigned
and orders given to the firefighter by the chief of the volunteer
fire department or an officer of the volunteer fire department,
including orders or duties involving education and training as
prescribed by the volunteer fire department or the state; and
(3) whose name has been entered on a roster of volunteer
firefighters that is kept by the volunteer fire department and that
has been approved by the proper officers of the unit.
"Volunteer member" means a member of a volunteer emergency
medical services association connected with a unit as set forth in
IC 16-31-5-1(6).
As added by Acts 1981, P.L.309, SEC.64. Amended by Acts 1981,
P.L.181, SEC.3; P.L.217-1989, SEC.6; P.L.70-1995, SEC.6;
P.L.1-1996, SEC.91; P.L.1-1999, SEC.88; P.L.192-1999, SEC.1;
P.L.119-2003, SEC.1; P.L.43-2005, SEC.2; P.L.127-2009, SEC.11;
P.L.174-2009, SEC.2.
IC 36-8-12-3
Agreements with units; authorization
Sec. 3. A unit may enter into an agreement with one (1) or more
volunteer fire departments that maintain adequate firefighting service
for the use and operation of firefighting apparatus and equipment
owned by the volunteer fire department, including the service of the
operators of the apparatus and equipment, so that the private and
public property of the unit is saved from destruction by fire.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,
SEC.89.
IC 36-8-12-4
Agreements with units; consideration
Sec. 4. The contract between a unit and a volunteer fire
department must provide that the unit pay to the department, as
consideration for the contract, an amount of money that is
determined by negotiation between them. This consideration must
include the amounts that the unit is required to pay under this chapter
for insurance premiums and clothing, automobile, and other
allowances.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,
SEC.90.
IC 36-8-12-5
Clothing and automobile allowances; fees for membership in
firefighters' association
Sec. 5. (a) Unless otherwise provided by contract, a unit served by
a volunteer fire department shall pay to each active and participating
member of the department:
(1) a clothing allowance of not less than one hundred dollars
($100) per year; and
(2) an automobile allowance of not less than one hundred
dollars ($100) per year for the use of the member's automobile
in the line of duty.
(b) A contract may also provide that fees for membership in a
regularly organized volunteer firefighters' association be paid by the
unit on behalf of the firefighters in the volunteer fire department.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.229-1996,
SEC.2; P.L.1-1999, SEC.91.
IC 36-8-12-6
Units required to insure members of department; liability for
failure to insure
Sec. 6. (a) Each unit that has a volunteer fire department shall
procure insurance in the name of and for the benefit of each member
of the department. However, if a contract or agreement exists
between a unit and a volunteer fire department, the contract or
agreement must provide for insurance of the volunteer firefighters
and emergency medical services personnel in the department in the
amounts and with the coverages required by this chapter. Unless the
contract or agreement stipulates otherwise, all insurance coverage
must be under a group plan, rather than in the name of each
individual firefighter and member of the emergency medical services
personnel. Either the unit or the volunteer fire department, according
to the contractor agreement, may undertake procurement of required
insurance, but in either case, the costs of coverage must be borne by
the unit. If a volunteer fire department serves more than one (1) unit
under a contract or agreement, each unit that the department serves
shall pay the amount for the insurance coverage determined under the
following formula:
STEP ONE: For each census block or other area in a unit that
is served by more than one (1) volunteer fire department, divide
the population of the area by the number of volunteer fire
departments serving the area, and round the quotient to the
nearest one thousandth (.001).
STEP TWO: Add the quotients determined under STEP ONE
for the unit.
STEP THREE: Determine the sum of the STEP TWO amounts
for all of the units served by the same volunteer fire department.
STEP FOUR: Divide the STEP TWO amount for a unit by the
STEP THREE amount and round the quotient to the nearest one
thousandth (.001).
STEP FIVE: Multiply the costs of the insurance coverage for
the volunteer fire department by the quotient determined under
STEP FOUR, rounded to the nearest dollar.
(b) A diminution of insurance benefits may not occur under this
section because of a change in the insurance carrier or a change as to
who actually procures the required insurance.
(c) Each unit that has a volunteer fire department may procure an
insurance policy for the benefit of auxiliary groups whose members
could be injured while assisting the volunteer firefighters and
emergency medical services personnel in the performance of their
duties.
(d) Each unit that has a volunteer fire department may procure an
insurance policy or any other type of instrument that provides
retirement benefits as an incentive to volunteer firefighters and
emergency medical services personnel for continued service.
(e) An insurance policy or other instrument containing any of the
provisions authorized by subsection (d) may not be considered in the
computation of nominal compensation for purposes of this chapter.
(f) A volunteer firefighter or member of the emergency medical
services personnel who becomes covered by an insurance policy or
other instrument containing any of the provisions authorized by
subsection (d) does not thereby become eligible for membership in
the public employees' retirement fund under IC 5-10.3.
(g) If a unit fails to provide the insurance for a volunteer
firefighter or member of the emergency medical services personnel
that this chapter requires it to provide, and a volunteer firefighter or
member of the emergency medical services personnel suffers a loss
of the type that the insurance would have covered, then the unit shall
pay to that volunteer firefighter or member of the emergency medical
services personnel the same amount of money that the insurance
would have paid to the volunteer firefighter or member of the
emergency medical services personnel.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.351-1987,
SEC.1; P.L.268-1993, SEC.1; P.L.70-1995, SEC.7; P.L.1-1999,
SEC.92; P.L.174-2009, SEC.3.
IC 36-8-12-7
Insurance; disability and medical expense coverage
Sec. 7. Each policy of insurance must provide for payment to a
member of a volunteer fire department, for accidental injury or
smoke inhalation caused by or occurring in the course of the
performance of the duties of a volunteer firefighter or member of the
emergency medical services personnel and for a cardiac disease
event proximately caused within forty-eight (48) hours by or
occurring in the course of the performance of the duties of a
volunteer firefighter or member of the emergency medical services
personnel while in an emergency situation, as follows:
(1) For total disability that prevents the member from pursuing
the member's usual vocation:
(A) after June 30, 2009, and before July 24, 2009, a weekly
indemnity of not less than two hundred sixty-two dollars
($262); and
(B) after July 23, 2009, a weekly indemnity of not less than
two hundred ninety dollars ($290);
up to a maximum of two hundred sixty (260) weeks. After July
23, 2009, the weekly indemnity may not be less than the Indiana
minimum wage computed on the basis of a forty (40) hour
week.
(2) For medical expenses, coverage for incurred expenses.
However, the policy may not have medical expense limits of
less than seventy-five thousand dollars ($75,000).
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983,
SEC.1; P.L.348-1985, SEC.1; P.L.229-1996, SEC.3; P.L.1-1999,
SEC.93; P.L.192-1999, SEC.2; P.L.174-2009, SEC.4.
IC 36-8-12-8
Insurance; death benefits; permanent disability; liability coverage;
limitations on liability
Sec. 8. (a) The policy of insurance required by section 6 of this
chapter must provide for the payment of a sum not less than one
hundred fifty thousand dollars ($150,000) to the beneficiary,
beneficiaries, or estate of a volunteer firefighter or member of the
emergency medical services personnel if the firefighter or member
of the emergency medical services personnel dies from an injury or
smoke inhalation occurring while in the performance of the
firefighter's or member of the emergency medical services
personnel's duties as a volunteer firefighter or member of the
emergency medical services personnel or from a cardiac disease
event proximately caused within forty-eight (48) hours by or
occurring while in the performance of the firefighter's or member of
the emergency medical services personnel's duties as a volunteer
firefighter or member of the emergency medical services personnel.
(b) The policy of insurance must provide for the payment of a sum
not less than one hundred fifty thousand dollars ($150,000) to the
volunteer firefighter or member of the emergency medical services
personnel if the firefighter or member of the emergency medical
services personnel becomes totally and permanently disabled for a
continuous period of not less than two hundred sixty (260) weeks as
a result of an injury or smoke inhalation occurring in the
performance of the firefighter's or member of the emergency medical
services personnel's duties as a volunteer firefighter or member of the
emergency medical services personnel.
(c) The policy of insurance must also provide for indemnification
to a member of a volunteer fire department who becomes partially
and permanently disabled or impaired as a result of an injury or
smoke inhalation occurring in the performance of the firefighter's or
member of the emergency medical services personnel's duties.
(d) For the purposes of this section, partial and permanent
disability or impairment shall be indemnified as a percentage factor
of a whole person.
(e) In addition to other insurance provided volunteer firefighters
or emergency medical services personnel under this chapter, each
unit shall be covered by an insurance policy that provides a minimum
of three hundred thousand dollars ($300,000) of insurance coverage
for the liability of all of the unit's volunteer firefighters or emergency
medical services personnel for bodily injury or property damage
caused by the firefighters or emergency medical services personnel
acting in the scope of their duties while on the scene of a fire or other
emergency. The civil liability of a volunteer firefighter or member of
the emergency medical services personnel for:
(1) an act that is within the scope of a volunteer firefighter's
duties; or
(2) the failure to do an act that is within the scope of a volunteer
firefighter's duties;
while performing emergency services at the scene of a fire or other
emergency or while traveling in an emergency vehicle from the fire
station to the scene of the fire or emergency or from the scene of a
fire or emergency back to the fire station is limited to the coverage
provided by the insurance policy purchased under this subsection. A
volunteer firefighter or member of the emergency medical services
personnel is not liable for punitive damages for any act that is within
the scope of a volunteer firefighter's or member of the emergency
medical services personnel's duties. However, if insurance as
required under this subsection is not in effect to provide liability
coverage for a volunteer firefighter or member of the emergency
medical services personnel, the firefighter or member of the
emergency medical services personnel is not subject to civil liability
for an act or a failure to act as described in this subsection.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983,
SEC.2; P.L.204-1984, SEC.1; P.L.200-1986, SEC.2; P.L.217-1989,
SEC.7; P.L.172-1990, SEC.1; P.L.268-1993, SEC.2; P.L.1-1999,
SEC.94; P.L.192-1999, SEC.3; P.L.174-2009, SEC.5.
IC 36-8-12-9
Insurance premiums; payment from general fund
Sec. 9. All expenses incurred for premiums of the insurance
required by this chapter shall be paid out of the general fund of the
unit in the same manner as other expenses in the unit are paid.
As added by Acts 1981, P.L.309, SEC.64.
IC 36-8-12-10
Volunteers; medical treatment and burial expense coverage;
determinations; premium expenses
Sec. 10. (a) A:
(1) volunteer firefighter, a member of the emergency medical
services personnel, or an emergency medical technician
working in a volunteer capacity for a volunteer fire department
or ambulance company is covered; and
(2) volunteer working for a hazardous materials response team
may be covered;
by the medical treatment and burial expense provisions of the
worker's compensation law (IC 22-3-2 through IC 22-3-6) and the
worker's occupational diseases law (IC 22-3-7).
(b) If compensability of the injury is an issue, the administrative
procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be
used to determine the issue.
(c) This subsection applies to all units, including counties. All
expenses incurred for premiums of the insurance allowed under this
section may be paid from the unit's general fund in the same manner
as other expenses in the unit are paid.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.198-1988,
SEC.1; P.L.3-1989, SEC.230; P.L.172-1990, SEC.2; P.L.72-1992,
SEC.5; P.L.1-1999, SEC.95; P.L.174-2009, SEC.6.
IC 36-8-12-10.5
Employees of political subdivisions; volunteer firefighting or
volunteer member activity
Sec. 10.5. (a) This section does not apply to an employee of the
state subject to IC 4-15-10-7.
(b) This section applies to an employee of a political subdivision
who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the
employee is a volunteer firefighter or volunteer member.
(c) The political subdivision employer may not discipline an
employee:
(1) for being absent from employment by reason of responding
to a fire or emergency call that was received before the time that
the employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fire
or an emergency call if the employee has secured authorization
from the employee's supervisor to leave the duty station in
response to a fire or an emergency call received after the
employee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergency
firefighting or other emergency response.
However, for each instance of emergency firefighting activity or
other emergency response that results in an injury to an employee,
subdivision (3) applies only to the period of the employee's absence
from work that does not exceed six (6) months from the date of the
injury.
(d) The political subdivision employer may require an employee
who has been absent from employment as set forth in subsection (c)
to present a written statement from the fire chief or other officer in
charge of the volunteer fire department, or officer in charge of the
volunteer emergency medical services association, at the time of the
absence or injury indicating that the employee was engaged in
emergency firefighting or emergency activity at the time of the
absence or injury.
(e) The political subdivision employer may require an employee
who is injured or absent from work as described in subsection (c)(3)
to provide evidence from a physician or other medical authority
showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
emergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, information
obtained under subsection (e) by a political subdivision employer
must be:
(1) retained in a separate medical file created for the employee;
and
(2) treated as a confidential medical record.
(g) An employee who is disciplined by the employer in violation
of subsection (c) may bring a civil action against the employer in the
county of employment. In the action, the employee may seek the
following:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1)
year after the date of the disciplinary action.
(h) A public servant who permits or authorizes an employee of a
political subdivision under the supervision of the public servant to be
absent from employment as set forth in subsection (c) is not
considered to have committed a violation of IC 35-44-2-4(b).
As added by P.L.49-2004, SEC.1. Amended by P.L.43-2005, SEC.3;
P.L.63-2009, SEC.2.
IC 36-8-12-10.7
Employees of private employers; volunteer firefighting or
volunteer member activity
Sec. 10.7. (a) This section applies to an employee of a private
employer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the
employee is a volunteer firefighter or volunteer member.
(b) Except as provided in subsection (c), the employer may not
discipline an employee:
(1) for being absent from employment by reason of responding
to a fire or emergency call that was received before the time that
the employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fire
or emergency call if the employee has secured authorization
from the employee's supervisor to leave the duty station in
response to a fire or an emergency call received after the
employee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergency
firefighting or other emergency response.
However, for each instance of emergency firefighting activity or
other emergency response that results in an injury to an employee,
subdivision (3) applies only to the period of the employee's absence
from work that does not exceed six (6) months from the date of the
injury.
(c) After the employer has received the notice required under
subsection (a)(2), the employer may reject the notification from the
employee on the grounds that the employee is an essential employee
to the employer. If the employer has rejected the notification of the
employee:
(1) subsection (b) does not apply to the employee; and
(2) the employee must promptly notify the:
(A) fire chief or other officer in charge of the volunteer fire
department; or
(B) the officer in charge of the volunteer emergency medical
services association;
of the rejection of the notice of the employee who is a volunteer
firefighter or a volunteer member.
(d) The employer may require an employee who has been absent
from employment as set forth in subsection (b) to present a written
statement from the fire chief or other officer in charge of the
volunteer fire department, or officer in charge of the emergency
medical services association, at the time of the absence or injury
indicating that the employee was engaged in emergency firefighting
or emergency activity at the time of the absence or injury.
(e) The employer may require an employee who is injured or
absent from work as described in subsection (b)(3) to provide
evidence from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
emergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, information
obtained under subsection (e) by an employer must be:
(1) retained in a separate medical file created for the employee;
and
(2) treated as a confidential medical record.
As added by P.L.43-2005, SEC.4. Amended by P.L.63-2009, SEC.3.
IC 36-8-12-10.9
Notice of absence; remuneration
Sec. 10.9. (a) The employer may require an employee who will be
absent from employment as set forth in:
(1) section 10.5(c)(1); or
(2) section 10.7(b)(1);
of this chapter to notify the employer before the scheduled start time
for the absence from employment to be excused by the employer.
(b) The employer is not required to pay salary or wages to an
employee who has been absent from employment as set forth in
section 10.5(c) or 10.7(b) of this chapter for the time away from the
employee's duty station. The employee may seek remuneration for
the absence from employment by the use of:
(1) vacation leave;
(2) personal time;
(3) compensatory time off; or
(4) in the case of an absence from employment as set forth in
section 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave.
(c) An employer shall administer an absence from employment as
set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in a
manner consistent with the federal Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January
1, 2009.
As added by P.L.43-2005, SEC.5. Amended by P.L.63-2009, SEC.4;
P.L.1-2010, SEC.153.
IC 36-8-12-11
Blue lights on private vehicles; authorization; violations
Sec. 11. (a) Members of volunteer fire departments may display
blue lights on their privately owned vehicles while en route to scenes
of emergencies or to the fire station in the line of duty subject to the
following conditions:
(1) A light must have a light source of at least thirty-five (35)
watts.
(2) All lights must be placed on the:
(A) top of the vehicle;
(B) dashboard inside a vehicle, shielded to prevent
distracting the driver; or
(C) front of the vehicle upon the bumper or at bumper level.
(3) No more than four (4) blue light assemblies may be
displayed on one (1) vehicle, and each blue light assembly must
be of the flashing or revolving type.
(4) A blue light assembly may contain multiple bulbs.
(5) A blue light may not be a part of the regular head lamps
displayed on the vehicles. Alternately flashing head lamps may
be used as a supplemental warning device. Strobe lights or
flashers may be installed into the light fixtures on the vehicle
other than the alternating head lamps. The strobe lights or
flashers may be either white or blue, with the exception of red
to the rear.
(b) In order for a volunteer firefighter to display a blue light on a
vehicle, the volunteer firefighter must secure a written permit from
the chief of the volunteer fire department to use the blue light and
must carry the permit at all times when the blue light is displayed.
(c) A person who is not a member of a volunteer fire department
may not display an illuminated blue light on a vehicle.
(d) A permittee of the owner of a vehicle lawfully equipped with
a blue light may operate the vehicle only if the blue light is not
illuminated.
(e) A person who violates subsection (a), (b), (c), or (d) commits
a Class C infraction. If the violator is a member of a volunteer fire
department, the chief of the department shall discipline the violator
under fire department rules and regulations.
(f) This section does not grant a vehicle displaying blue lights the
right-of-way under IC 9-21-8-35 or exemption from traffic rules
under IC 9-21-1-8. A driver of a vehicle displaying a blue light shall
obey all traffic rules.
(g) This section shall not be construed to include a vehicle
displaying a blue light and driven by a member of a volunteer fire
department as an authorized emergency vehicle (as defined in
IC 9-13-2-6).
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.88-1990,
SEC.4; P.L.2-1991, SEC.108; P.L.99-1991, SEC.4; P.L.1-1999,
SEC.96; P.L.6-2001, SEC.1; P.L.153-2002, SEC.2.
IC 36-8-12-12
Nonfire emergency activities; duties of fire chief
Sec. 12. When a volunteer fire department is responding to a fire
call and there is no other fire department with overriding jurisdiction
present, the fire chief, or in his absence the ranking officer, shall
direct all nonfire emergency activities at the scene until a law
enforcement officer arrives on the scene.
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999,
SEC.97.
IC 36-8-12-13
Charges; owners of property or vehicle involved in fire or spill;
failure to pay; administrative fees
Sec. 13. (a) A volunteer fire department 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(e)) 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.
(b) 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 IC 36-8-12-16. 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 fund established in
IC 36-8-13-4;
(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.
(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) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
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.
IC 36-8-12-14
Reserved
IC 36-8-12-15
Liability limits; punitive damages
Sec. 15. The combined aggregate liability of a volunteer fire
department for an act or failure to act that is within the scope of the
department's duties does not exceed three hundred thousand dollars
($300,000) for injury to or death of one (1) person in any one (1)
occurrence and does not exceed five million dollars ($5,000,000) for
injury to or death of all persons in that occurrence. A volunteer fire
department is not liable for punitive damages.
As added by P.L.217-1989, SEC.8. Amended by P.L.1-1999, SEC.99.
IC 36-8-12-16
Schedule of charges for service; conditions for collection; reports;
failure to pay
Sec. 16. (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; and
(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.
(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 fund established
under IC 36-8-13-4; 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.
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.
IC 36-8-12-17
False alarm service charges
Sec. 17. (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 fund established
under IC 36-8-13-4; 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 34-6-2-110),
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.
As added by P.L.82-2001, SEC.2. Amended by P.L.107-2007,
SEC.17.
IC 36-8-12-18
Confidential information; exceptions
Sec. 18. (a) A volunteer fire department may declare the following
records confidential for purposes of IC 5-14-3:
(1) Personnel files of members of the volunteer fire department.
(2) Files of applicants to the volunteer fire department.
However, all personnel file information shall be made available to an
affected member or the member's representative.
(b) Notwithstanding subsection (a), a volunteer fire department
may not declare the following information contained in files
described in subsection (a) confidential:
(1) The name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of first
and last employment of present or former members of the
volunteer fire department.
(2) Information relating to the status of any formal charges
against a member.
(3) The factual basis for a disciplinary action in which final
action has been taken and that resulted in the member being
suspended, demoted, or discharged.
(c) This section does not apply to disclosure of personnel
information generally on all members or for groups of members
without the request being particularized by member name.
As added by P.L.101-2006, SEC.38.
IC 36-8-12-19
Suspension or termination of EMS personnel; right to hearing and
appeal
Sec. 19. (a) As used in this section, "medical director" means a
physician with an unlimited license to practice medicine in Indiana
and who performs the duties and responsibilities described in 836
IAC 2-2-1.
(b) If a medical director takes any of the following actions against
a member of the emergency medical services personnel, the medical
director shall provide to the member and to the chief of the member's
volunteer fire department a written explanation of the reasons for the
action taken by the medical director:
(1) The medical director refuses or fails to supervise or
otherwise provide medical control and direction to the member.
(2) The medical director refuses or fails to attest to the
competency of the member to perform emergency medical
services.
(3) The medical director suspends the member from performing
emergency medical services.
(c) Before a volunteer fire department takes an action that affects
the member's appointment with the volunteer fire department as the
result of a medical director's action described in subsection (b), the
member is entitled to a hearing and appeal concerning the medical
director's action as provided in IC 36-8-3-4. The safety board of the
unit that entered into an agreement with the volunteer fire department
under section 3 of this chapter shall hear the member's appeal
provided by this subsection.
(d) If the medical director's action that is the subject of an appeal
under subsection (c) is based on a health care decision made by the
member in performing emergency medical services, the safety board
conducting the hearing shall consult with an independent medical
expert to determine whether the member followed the applicable
emergency medical services protocol in making the health care
decision. The independent medical expert:
(1) must be a physician trained in emergency medical services;
and
(2) may not be affiliated with the same hospital as the medical
director.
As added by P.L.13-2010, SEC.5.