An Act To Authorize Municipal Fire Districts To Impose Service Charges
Maine Legislature, Session 127, LD 0724
Committee: State and Local Government
Sponsors: SAVIELLO, DAVIS
Amends: 30-A MRSA §3158, 30-A MRSA §3538

Legislative Document 
No. 724 
S.P. 254 
In Senate, March 5, 2015 
An Act To Authorize Municipal Fire Districts To Impose Service 
Charges 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator: DAVIS of Piscataquis. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §3158 is enacted to read: 
§3158.  Municipal fire districts 
1.  Ordinance.  A municipal legislative body may enact an ordinance to create a 
municipal fire district within the municipality either as part of or independently from a 
fire district established pursuant to chapter 164, referred to in this section as "a multi-
municipal fire district." 
A.  A municipal fire district established pursuant to this section, if independent from 
a multi-municipal fire district, may contain all or part of the municipality. 
B.  A municipal fire district established pursuant to this section by a municipality that 
is a member of a multi-municipal fire district must encompass the entire municipality. 
The financial administration of such a municipal fire district is governed by 
subsection 5.  
2.  Service charges.  A municipal fire district ordinance under subsection 1 must 
establish service charges for fire protection within the municipal fire district based on an 
estimate of the cost of providing the services in the same manner as those costs are 
estimated pursuant to section 3537.  The service charges must be levied against all 
property owners or parties in possession of property within the municipal fire district, 
including institutions and organizations otherwise exempt from taxation under Title 36, 
sections 651 and 652. Unless otherwise established by ordinance, the service charges to 
each owner or person in possession of property within the municipal fire district must be 
established on the basis of a fee per square foot of building determined by dividing the 
estimated total cost of providing fire services to the district by the total square footage of 
all built properties within the district. Any alternative to this method of calculation as 
established by ordinance must be reasonably designed to more accurately reflect the 
distribution of fire protection costs among different types and uses of properties within 
the municipal fire district. With respect to the calculation and levy of service charges, 
appeals must be made in accordance with an appeals process provided by municipal 
ordinance. 
3.  Unpaid service charges; collection.  The collection of unpaid service charges 
levied pursuant to subsection 2 must be carried out in the same manner as provided in 
Title 38, section 1208. 
4.  Revenues; use.  Municipalities must use the revenues accrued from service 
charges levied pursuant to subsection 2 to fund the cost of fire protection. 
5.  Participation by municipality in multi-municipal fire district.  A municipality 
that is a member of a multi-municipal fire district that elects to create a municipal fire 
district to cover the costs of the municipal fire district is governed by this section, except 
as provided in this subsection. 
A.  The municipality may participate in the funding of the multi-municipal fire 
district as provided in chapter 164. 
B.  The municipality may participate in the funding of the multi-municipal fire 
district by establishing a service charge for fire protection within the municipal fire 
district.  The service charge must be based on an estimate of the cost of providing the 
services in the same manner as those costs are estimated pursuant to section 3537. 
C.  The municipality must collect the service charges authorized by this section to 
cover the municipality's allocation to the multi-municipal fire district as provided in 
section 3537, subsection 3, but failure of a property owner or party in possession to 
pay such charges to the municipality does not alter a municipality's duty to remit full 
payment of its allocation to the multi-municipal fire district. 
D.  In the event a property owner or party in possession of property fails to pay its 
service charge to the municipality, the municipality may collect the service charges as 
provided in subsection 3. 
Sec. 2.  30-A MRSA §3538, as enacted by PL 1997, c. 698, §2, is amended to 
read: 
§3538.  Warrant for taxes; service charges 
1.  Warrant.  The directors shall issue their warrant in the same form as the warrant 
of the Treasurer of State for taxes, with proper changes, to the assessors of the 
municipalities comprising the district.  The warrant must require the municipalities to 
assess the sum allocated to each municipality for payment of the costs of the district upon 
the taxable estates within those municipalities and to or in accordance with a municipal 
fire district ordinance enacted by a municipality pursuant to section 3158. The 
municipalities must commit their assessment to the constable or collector of the 
municipalities.  The constable or collector has all the authority and powers to collect 
these taxes as is vested by law to collect state, county and municipal taxes.  Within 30 
days after the date fixed by the municipality on which its taxes are due, the treasurer of 
the municipality shall pay the amount of the tax assessed under this section to the 
treasurer of the district. 
2.  Failure to pay.  If the treasurer of a municipality fails to pay the sum assessed 
under this section, or fails to pay any part of the sum by the date set in the year in which 
the tax or service charge is levied, the treasurer of the district may issue a warrant for the 
amount of the tax or service charge, or so much of the tax as or service charge that 
remains unpaid, to the sheriff of the appropriate county, requiring the sheriff to levy the 
tax or service charge by distress and sale on real and personal property of any of the 
inhabitants of the municipality.  The sheriff or a deputy shall execute the warrant. 
SUMMARY 
This bill authorizes municipalities to create by ordinance municipal fire districts that 
may charge service charges for fire protection.  The bill also authorizes municipalities to 
collect service charge revenue, as an alternative to property tax revenue, for the purpose 
of financing multi-municipal fire districts.