Ind. Code ch. 36-8-13

Ind. Code ch. 36-8-13
in effect

Ind. Code § 36-8-13-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.83-1998 apply only to purchases that occur after June 30, 1998. As added by P.L.220-2011, SEC.677.

Ind. Code § 36-8-13-1 Application of chapter

Sec. 1. This chapter applies to all townships. However, this chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.227-2005, SEC.49.

Ind. Code § 36-8-13-2 Establishment of fire protection; procedure

Sec. 2. If a majority of the owners of taxable real property residing within and owning real property within that part of a township located outside the corporate boundaries of a municipality petition the township executive and legislative body to provide fire protection in that part of the township, the executive and legislative body shall grant the petition and proceed without delay to provide for fire protection. The executive and legislative body shall determine which of the methods in section 3 of this chapter for providing fire protection in townships will be followed. [Pre-Local Government Recodification Citation: 17-4-18-2.] As added by Acts 1981, P.L.309, SEC.65.

Ind. Code § 36-8-13-3 Authorized methods of providing fire protection; preference for employment

Sec. 3. (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 10-17-12-8.1(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; P.L.94-2026, SEC.91.

Ind. Code § 36-8-13-4 Township firefighting fund; emergency services fund; tax levy; donations

Sec. 4. (a) Each township shall establish either: (1) a township firefighting and emergency services fund which is to be used by the township for the payment of costs attributable to providing fire protection or emergency services under the methods prescribed in section 3 of this chapter and for no other purposes; or (2) two (2) separate funds consisting of: (A) a township firefighting fund that is to be used by the township for the payment of costs attributable to providing fire protection under the methods prescribed in section 3 of this chapter and for no other purposes; and (B) a township emergency services fund that is to be used by the township for the payment of costs attributable to providing emergency services under the methods prescribed in section 3 of this chapter and for no other purposes. The money in the funds described in either subdivision (1) or (2) may be paid out by the township executive with the consent of the township legislative body. (b) If a township transitions from a single township firefighting and emergency services fund under subsection (a)(1) to two (2) separate funds as allowed under subsection (a)(2), the township legislative body shall approve a transfer of the remaining cash balance in the township firefighting and emergency services fund to the two (2) new separate funds. As part of the transfer under this subsection, the legislative body shall determine the amounts of the remaining cash balance that will be attributable to the township firefighting fund and the township emergency services fund. (c) Each township may levy, for each year, a tax for either: (1) the township firefighting and emergency services fund described in subsection (a)(1); or (2) both: (A) the township firefighting fund; and (B) the township emergency services fund; described in subsection (a)(2). Other than a township providing fire protection or emergency services or both to municipalities in the township under section 3(b) or 3(c) of this chapter, the tax levy is on all taxable real and personal property in the township outside the corporate boundaries of municipalities. Subject to the levy limitations contained in IC 6-1.1-18.5, the township firefighting and emergency services levy is to be in an amount sufficient to pay costs attributable to fire protection and emergency services that are not paid from other revenues available to the fund. If a township establishes a township firefighting fund and a township emergency services fund described in subdivision (2), the combined levies are to be an amount sufficient to pay costs attributable to fire protection and emergency services. However, fire protection services may be paid only from the township firefighting fund and emergency services may be paid only from the township emergency services fund, and each fund may pay costs attributable to the respective fund for services that are not paid from other revenues available to either applicable fund. The tax rate and levy for a levy described in this subsection shall be established in accordance with the procedures set forth in IC 6-1.1-17. (d) In addition to the tax levy and service charges received under IC 36-8-12-13 and IC 36-8-12-16, the executive may accept donations to the township for the purpose of firefighting and other emergency services and shall place them in the township firefighting and emergency services fund established under subsection (a)(1), or if applicable, the township firefighting fund established under subsection (a)(2)(A) if the purpose of the donation is for firefighting, or in the township emergency services fund established under subsection (a)(2)(B) if the purpose of the donation is for emergency services, keeping an accurate record of the sums received. A person may also donate partial payment of any purchase of firefighting or other emergency services equipment made by the township. (e) If a fire department serving a township dispatches fire 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; the township may impose a fee or service charge upon the owner of the property. 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. (f) The amount of a fee or service charge imposed under subsection (e) shall be determined by the township legislative body. All money received by the township from the fee or service charge must be deposited in the township's firefighting and emergency services fund or the township's firefighting fund. [Pre-Local Government Recodification Citations: subsection (a) formerly 17-4-18-1 part; 17-4-20-1 part; 17-4-20-2 part; 17-4-20-7 part; 17-4-20-10 part; 17-4-20-11 part; subsection (b) formerly 18-6-8-1 part; 18-6-8-2 part; 18-6-8-3 part; subsection (c) formerly 17-4-20-2 part; 17-4-20-11 part.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.352-1987, SEC.1; P.L.316-1989, SEC.1; P.L.343-1989(ss), SEC.23; P.L.63-1991, SEC.9; P.L.269-1993, SEC.2; P.L.70-1995, SEC.10; P.L.54-1996, SEC.3; P.L.82-2001, SEC.3; P.L.255-2017, SEC.38; P.L.236-2023, SEC.203; P.L.136-2024, SEC.59.

Ind. Code § 36-8-13-4.5 Payment of township provided fire protection or emergency services; sources of funds; sufficiency of levy; donations

Sec. 4.5. (a) This section applies to a township that provides fire protection or emergency services or both to a municipality in the township under section 3(b) or 3(c) of this chapter. (b) Except as provided in subsection (c), with the consent of the township legislative body, the township executive may pay the expenses for fire protection and emergency services in the township, both inside and outside the corporate boundaries of participating municipalities, from any combination of the following township funds, regardless of when the funds were established: (1) The township firefighting and emergency services fund under section 4(a)(1) of this chapter. (2) The cumulative building and equipment fund under IC 36-8-14. (3) The debt fund under sections 6 and 6.5 of this chapter. (4) The rainy day fund established under IC 36-1-8-5.1. (c) If a township establishes a township firefighting fund and a township emergency services fund described in section 4(a)(2) of this chapter, and with the consent of the township legislative body, the township executive may pay the expenses for fire protection from the township firefighting fund and emergency services from the township emergency services fund, both inside and outside the corporate boundaries of participating municipalities. (d) Subject to the levy limitations contained in IC 6-1.1-18.5, the tax rate and levy for the township firefighting and emergency services fund or the combined levies for the township firefighting fund and the township emergency services fund (as applicable), the cumulative building and equipment fund, or the debt fund is to be in an amount sufficient to pay all costs attributable to fire protection or emergency services that are provided to the township and the participating municipalities that are not paid from other available revenues. The tax rate and levy for each fund shall be established in accordance with the procedures set forth in IC 6-1.1-17 and apply both inside and outside the corporate boundaries of participating municipalities. (e) The township executive may accept donations for the purpose of firefighting and emergency services. The township executive shall place donations in the township firefighting and emergency services fund established under section 4(a)(1) of this chapter, or if applicable, the township firefighting fund established under section 4(a)(2)(A) of this chapter if the purpose of the donation is for firefighting, or the township emergency services fund established under section 4(a)(2)(B) of this chapter if the purpose of the donation is for emergency services. A person may donate partial payment of a purchase of firefighting or emergency services equipment made by the township. As added by P.L.269-1993, SEC.3. Amended by P.L.1-1994, SEC.181; P.L.1-1994, SEC.182; P.L.37-1994, SEC.2; P.L.54-1996, SEC.4; P.L.255-2017, SEC.39; P.L.236-2023, SEC.204.

Ind. Code § 36-8-13-4.6 Maximum permissible property tax levy; adjustment where township imposes levy to pay fire protection and emergency services expenses

Sec. 4.6. (a) For townships and municipalities that elect to have the township provide fire protection and emergency services under section 3(b) of this chapter, the department of local government finance shall adjust each township's and each municipality's maximum permissible levy in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. Each municipality's maximum permissible property tax levy shall be reduced by the amount of the municipality's property tax levy that was imposed by the municipality to meet the obligations to the township under the fire protection or emergency services contract. The township's maximum permissible property tax levy shall be increased by the product of: (1) one and five-hundredths (1.05); multiplied by (2) the amount the township received: (A) in the year in which the change is elected; and (B) as fire protection or emergency services contract payments from all municipalities whose levy is decreased under this section. (b) For purposes of determining a township's or municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's or municipality's maximum permissible ad valorem property tax levy is the levy after the adjustment made under subsection (a). As added by P.L.269-1993, SEC.4. Amended by P.L.2-1995, SEC.137; P.L.90-2002, SEC.495; P.L.236-2023, SEC.205.

Ind. Code § 36-8-13-4.7 Township providing fire protection and emergency services; maximum permissible property tax levy

Sec. 4.7. (a) For a township that elects to have the township provide fire protection and emergency services under section 3(c) of this chapter, the department of local government finance shall adjust the township's maximum permissible levy described in section 4(c)(1) or 4(c)(2) of this chapter, as applicable, in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. For the ensuing calendar year, the township's maximum permissible property tax levy described in section 4(c)(1) of this chapter, or the combined levies described in section 4(c)(2) of this chapter, which is considered a single levy for purposes of this section, shall be increased by the product of: (1) one and five-hundredths (1.05); multiplied by (2) the amount the township contracted or billed to receive, regardless of whether the amount was collected: (A) in the year in which the change is elected; and (B) as fire protection or emergency service payments from the municipalities or residents of the municipalities covered by the election under section 3(c) of this chapter. The maximum permissible levy for a general fund or other fund of a municipality covered by the election under section 3(c) of this chapter shall be reduced for the ensuing calendar year to reflect the change to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of the municipality. The total reduction in the maximum permissible levies for all electing municipalities must equal the amount that the maximum permissible levy for the township described in section 4(c)(1) of this chapter or the combined levies described in section 4(c)(2) of this chapter, as applicable, is increased under this subsection for contracts or billings, regardless of whether the amount was collected, less the amount actually paid from sources other than property tax revenue. (b) For purposes of determining a township's and each municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's and each municipality's maximum permissible ad valorem property tax levy is the levy (or in the case of a township electing to establish levies described in section 4(c)(2) of this chapter, the combined levies) after the adjustment made under subsection (a). (c) The township may use the amount of a maximum permissible property tax levy (or in the case of a township electing to establish levies described in section 4(c)(2) of this chapter, the combined levies) computed under this section in setting budgets and property tax levies for any year in which the election in section 3(c) of this chapter is in effect. (d) Section 4.6 of this chapter does not apply to a property tax levy or a maximum property tax levy subject to this section. As added by P.L.54-1996, SEC.5. Amended by P.L.90-2002, SEC.496; P.L.224-2007, SEC.130; P.L.146-2008, SEC.783; P.L.257-2019, SEC.156; P.L.236-2023, SEC.206; P.L.136-2024, SEC.60.

Ind. Code § 36-8-13-5 Purchase of firefighting apparatus and equipment; installment contracts

Sec. 5. After a sufficient appropriation has been made and approved and is available for the purchase of firefighting apparatus and equipment, including housing, the township executive, with the approval of the township legislative body, may purchase it for the township on an installment conditional sale or mortgage contract running for a period not exceeding: (1) six (6) years; or (2) fifteen (15) years for a township that: (A) has a total assessed value of sixty million dollars ($60,000,000) or less, as determined by the department of local government finance; and (B) is purchasing the firefighting equipment with funding from the: (i) state or its instrumentalities; or (ii) federal government or its instrumentalities. The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year. [Pre-Local Government Recodification Citation: 17-4-18-1 part.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.83-1998, SEC.3; P.L.90-2002, SEC.497; P.L.178-2002, SEC.134.

Ind. Code § 36-8-13-6 Purchase of firefighting apparatus and equipment; loans; tax levy

Sec. 6. (a) Subject to section 6.5 of this chapter, the executive and legislative body, on behalf of the township, may also borrow the necessary money from a financial institution in Indiana to make the purchase on the same terms. They shall, on behalf of the township, execute and deliver to the institution the negotiable note or bond of the township for the sum borrowed. The note or bond must bear interest, with both principal and interest payable in equal or approximately equal installments on January 1 and July 1 each year over a period not exceeding six (6) years. (b) The first installment of principal and interest on a contract, chattel mortgage, note, or bond is due on the next January 1 or July 1 following the first tax collection for which it is possible for the township to levy a tax. The executive and legislative body shall appropriate and levy a tax each year sufficient to pay the obligation according to its terms. An obligation of the township executed under this chapter is a valid and binding obligation of the township, notwithstanding any tax limitation, debt limitation, bonding, borrowing, or other statute to the contrary. [Pre-Local Government Recodification Citation: 17-4-18-1 part.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.41-1993, SEC.50.

Ind. Code § 36-8-13-6.5 Objection by taxpayers; department of local government finance hearing and action; appeal

Sec. 6.5. (a) If the executive and the legislative body determine that money should be borrowed under section 6 of this chapter, not less than ten (10) taxpayers in the township who disagree with the determination may file a petition in the office of the county auditor not more than thirty (30) days after notice of the determination is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the borrowing to be unnecessary or unwise. (b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) and not more than thirty (30) days after the receipt of the certified documents. (c) The hearing may be held in the county where the petition arose or through electronic means. (d) Notice of the hearing shall be given by the department of local government finance to the township and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing. (e) A: (1) taxpayer who signed a petition filed under subsection (a); or (2) township against which a petition under subsection (a) is filed; may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination. As added by P.L.41-1993, SEC.51. Amended by P.L.90-2002, SEC.498; P.L.256-2003, SEC.38; P.L.38-2021, SEC.98.

Ind. Code § 36-8-13-7 Purchase of firefighting apparatus and equipment; procedure

Sec. 7. (a) All purchases of firefighting apparatus and equipment shall be made in the manner provided by statute for the purchase of township supplies. If the amount involved is sufficient to require notice under statutes for bids in connection with the purchase of apparatus or equipment, the notice must offer all bidders the opportunity of proposing to sell the apparatus and equipment to the township upon a conditional sale or mortgage contract. (b) A bidder proposing to sell on a conditional sale or mortgage contract shall state in the bidder's bid the proposed interest rate and terms of it, to be considered by the township executive and legislative body in determining the best bid received. (c) All bids submitted must specify the cash price at which the bidder proposes to sell the apparatus or equipment to the township so that the executive and legislative body may determine whether it is in the best interest of the township to purchase the apparatus or equipment on the terms of a conditional sale or mortgage contract proposed by the bidder or to purchase it for cash if sufficient funds are available or can be raised by negotiating a loan with a financial institution in accordance with this section. [Pre-Local Government Recodification Citation: 17-4-18-1 part.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.127-2017, SEC.272.

Ind. Code § 36-8-13-8 Insurance coverage for members of department

Sec. 8. A township having a regularly organized fire department employing full-time firefighters may procure at the township's expense: (1) an insurance policy for each member of the department insuring the member against the loss of the member's life or dismemberment while in the performance of the member's regularly assigned duties; and (2) group insurance providing supplemental income protection for a member of the department who has been injured during the course of the member's employment. The insurance coverage shall be selected with the consent of the members and is supplemental to other benefits provided the injured member by law. [Pre-Local Government Recodification Citations: 19-1-12-1 part; 19-1-12-1.1 part; 19-1-12-1.2 part; 19-1-12-2 part.] As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.127-2017, SEC.273.

Ind. Code § 36-8-13-9 Payment of line of duty health care expenses for firefighters

Sec. 9. (a) As used in this section, "firefighter" means a current or former full-time, paid firefighter. (b) A township shall pay for the care of a firefighter who: (1) suffers an injury; or (2) contracts an illness; during the performance of the firefighter's duty. (c) The township shall pay for the following expenses incurred by a firefighter described in subsection (b): (1) Medical and surgical care. (2) Medicines and laboratory, curative, and palliative agents and means. (3) X-ray, diagnostic, and therapeutic service, including during the recovery period. (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery. (d) Expenditures required by subsection (b) or (c) shall be paid from the township firefighting and emergency services fund established by section 4(a)(1) of this chapter or the township firefighting fund established by section 4(a)(2)(A) of this chapter, as applicable. (e) A township that has paid for the care of a firefighter under subsection (b) or (c) has a cause of action for reimbursement of the amount paid under subsection (b) or (c) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The township's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party. (f) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If the firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the firefighter is not precluded from recovering medical benefits under this section. As added by P.L.150-2002, SEC.4. Amended by P.L.236-2023, SEC.207; P.L.118-2026, SEC.19.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026