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2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17. Fire Safety Inspections; Arson Investigations › 36-8-17-9. Orders to Cease and Correct Violations; Emergency or Temporary Orders

Sec. 9. (a) A fire department may issue orders under IC 4-21.5-3-6 to require a person to cease and correct a violation of the fire safety laws. The order must grant a reasonable time in which to correct a violation of law covered by the order.
(b) A fire department may issue an emergency or temporary order under IC 4-21.5-4 if the fire department determines that conduct or a condition of property:
(1) presents a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;
(2) is prohibited without a permit, registration, certification, release, authorization, variance, exemption, or other license required under IC 22-14 or another statute administered by the department and the license has not been issued; or
(3) will conceal a violation of law.
(c) An emergency or other temporary order issued under subsection (b) must be approved by the state fire marshal. The approval may be communicated orally to the fire department. However, the department shall maintain a written record of the approval.
(d) An order under IC 4-21.5-3-6 or IC 4-21.5-4 may include the following, singly or in combination:
(1) Require a person who has taken a substantial step toward violating a fire safety law or has violated a fire safety law to cease and correct the violation.
(2) Require a person who has control over property that is affected by a violation to take reasonable steps to:
(A) protect persons and property from the hazards of the violation; and
(B) correct the violation.
(3) Require persons to leave an area that is affected by a violation and prohibit persons from entering the area until the violation is corrected.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.580; P.L.187-2021, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17. Fire Safety Inspections; Arson Investigations › 36-8-17-10. Informal Review of Order; Time to Appeal; Modification or Reversal of Order

Sec. 10. (a) The department shall give a person who:
(1) is aggrieved by an order issued under section 9 of this chapter; and
(2) requests review of the order in verbal or written form;
an opportunity to informally discuss the order with the department. Review under this subsection does not suspend the running of the time period in which a person must petition under IC 4-21.5-3-7 to appeal the order.
(b) The department may, on its own initiative or at the request of any person, modify or reverse an order issued under section 9 of this chapter.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.581; P.L.187-2021, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17. Fire Safety Inspections; Arson Investigations › 36-8-17-11. Appeal of Orders; Administrative Proceedings

Sec. 11. (a) An order issued under section 9 or 10 of this chapter may be appealed to the commission under IC 4-21.5-3-7. A decision to deny a request to modify or reverse an order issued under section 10 of this chapter is not appealable.
(b) If an order issued under section 9 or 10 of this chapter is appealed, the commission or its designee shall conduct all administrative proceedings under IC 4-21.5. In its proceedings, the commission may modify or reverse the order.
As added by P.L.245-1987, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17. Fire Safety Inspections; Arson Investigations › 36-8-17-12. Enforcement of Orders

Sec. 12. The department may enforce an order issued under this chapter under IC 4-21.5-6.
As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.582; P.L.187-2021, SEC.152.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17.5. Pre-Planning Inspections › 36-8-17.5-2. "Pre-Planning Inspection" Defined

Sec. 2. As used in this chapter, "pre-planning inspection" means an inspection of a Class 1 structure (as defined in IC 22-12-1-4) in a place or public way performed by the fire department to determine firefighting strategies necessary to minimize the hazard to firefighters responding to any fire or explosion at the structure, including:
(1) identifying the structural components, contents, and operations, including:
(A) floor plans; and
(B) the location of:
(i) employees;
(ii) fire alarm and suppression systems;
(iii) entrances and exits; and
(iv) utilities; and
(2) identifying and locating hazardous materials.
As added by P.L.20-1999, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17.5. Pre-Planning Inspections › 36-8-17.5-3. Places Subject to Inspections

Sec. 3. A fire department may make a pre-planning inspection of every place and public way within the jurisdiction of the political subdivision that the fire department serves, except the interiors of private dwellings, for the purpose of advising the fire department on issues affecting a fire suppression response.
As added by P.L.20-1999, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 17.5. Pre-Planning Inspections › 36-8-17.5-4. Access for Inspections

Sec. 4. (a) A fire department shall be allowed entry and access to every place or public way within the jurisdiction of the political subdivision that the fire department serves, except the interiors of private dwellings, for the purpose of making a pre-planning inspection under this chapter.
(b) A fire department shall notify the occupant or owner of a Class 1 structure seven (7) days in advance of performing a pre-planning inspection. The notification may be oral or in writing.
As added by P.L.20-1999, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 18. Animal Control Centers › 36-8-18-2. Bonds or Notes to Relocate Animal Control Center

Sec. 2. The city-county legislative body may issue bonds or notes to relocate, acquire, construct, and equip an animal control center if relocation of an existing center is, in the discretion of the works board, necessary or desirable to operate any existing or planned public works.
As added by P.L.37-1988, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 18. Animal Control Centers › 36-8-18-3. Debt Service on Bonds or Notes

Sec. 3. Debt service on bonds or notes issued under this chapter may be paid from any funds of the works board available to pay the debt service, as determined by the city-county legislative body as set forth in IC 5-1-14-4.
As added by P.L.37-1988, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 8.7 of this chapter by P.L.83-1998 applies only to purchases that occur after June 30, 1998.
As added by P.L.220-2011, SEC.678.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-0.3. Legalization of Certain Resolutions Adopted Before July 1, 2007

Sec. 0.3. A resolution adopted by a township under this chapter before July 1, 2007, that would have been valid under this chapter, as in effect on July 1, 2007, is legalized and validated.
As added by P.L.220-2011, SEC.679.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-1. Application of Chapter

Sec. 1. Except as provided in section 1.5 of this chapter, this chapter applies to any geographic area that is established as a fire protection territory.
As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.1; P.L.227-2005, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-1.5. Consolidation of Fire Departments in County Containing Consolidated City

Sec. 1.5. (a) If the fire department of a township is consolidated under IC 36-3-1-6.1, after the effective date of the consolidation the township may not establish a fire protection territory under this chapter.
(b) A fire protection territory that is established before the effective date of the consolidation in a township in which the township's fire department is consolidated under IC 36-3-1-6.1 becomes part of the geographic area in which the fire department of a consolidated city provides fire protection services.
As added by P.L.227-2005, SEC.51. Amended by P.L.1-2006, SEC.583.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-2. "Participating Unit"

Sec. 2. As used in this chapter, "participating unit" refers to a unit or fire protection district that adopts an ordinance or a resolution under section 6 of this chapter.
As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, SEC.1; P.L.255-2017, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-5. Fire Protection Territory; Establishment; Purposes; Boundaries

Sec. 5. (a) Subject to subsections (b) and (c), the legislative body of a unit or fire protection district and the legislative body of at least one (1) other contiguous unit or contiguous fire protection district may establish a fire protection territory for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the territory.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Not more than one (1) unit or fire protection district within the proposed territory may be designated as the provider unit for the territory.
(c) The boundaries of a territory need not coincide with those of other political subdivisions.
As added by P.L.37-1994, SEC.3. Amended by P.L.255-2017, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-6.3. Restrictions on Voting on Proposed Ordinance or Resolution

Sec. 6.3. A member of the legislative body of a unit or fire protection district may not vote on a proposed ordinance or resolution authorizing the unit or fire protection district to become a party to an agreement to join or establish a fire protection territory if that member is also an employee of:
(1) another unit or fire protection district that is a participating unit in the fire protection territory; or
(2) another unit or fire protection district that is proposing to become a participating unit in the fire protection territory.
As added by P.L.172-2011, SEC.159. Amended by P.L.255-2017, SEC.44.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-6.5. Agreement to Change Provider Unit

Sec. 6.5. (a) The legislative bodies of all participating units in a territory may agree to change the provider unit of the territory from one (1) participating unit to another participating unit. To change the provider unit, the legislative body of each participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district) that agrees to and specifies the new provider unit. The provider unit may not be changed unless all participating units agree on the participating unit that will become the new provider unit. However, if the provider unit has adopted an ordinance or resolution under section 13 of this chapter to withdraw from the territory, a majority of the participating units that wish to remain in the territory and do not withdraw in accordance with section 13 of this chapter must agree on the participating unit that will become the new provider unit. The participating units may not change the provider unit more than one (1) time in any year.
(b) The following apply to an ordinance or a resolution adopted under this section to change the provider unit of the territory:
(1) The ordinance or resolution must be adopted after January 1 but before July 1 of a year.
(2) The ordinance or resolution is effective January 1 of the year following the year in which the ordinance or resolution is adopted.
As added by P.L.182-2009(ss), SEC.441. Amended by P.L.255-2017, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-6.9. Creation of Joint Executive Board

Sec. 6.9. (a) This section applies to a fire protection territory established by an ordinance or resolution that:
(1) is adopted after December 31, 2021; and
(2) delegates administrative, budget, or fiscal responsibilities of the fire protection territory to a joint executive board representing each of the participating units.
(b) A joint board of the participating units must include at least one (1) voting member who resides within and represents each participating unit as follows:
(1) Each municipality that is a participating unit shall appoint at least one (1) member who:
(A) represents the municipality;
(B) resides within the municipality; and
(C) does not reside in any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivision (2), (3), or (4).
(2) Each township that is a participating unit shall appoint at least one (1) member who:
(A) represents the unincorporated area of the township;
(B) resides within the unincorporated area of the township; and
(C) does not reside in any of the other participating units or the portion of a participating unit in which a member resides who is appointed under subdivision (3) or (4).
(3) Each fire protection district that is a participating unit shall appoint at least one (1) member who:
(A) represents the fire protection district;
(B) resides within the fire protection district; and
(C) does not reside in any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivision (1), (2), or (4).
(4) Each county that is a participating unit shall appoint at least one (1) member who:
(A) represents the unincorporated area of the county;
(B) resides within the unincorporated area of the county; and
(C) does not reside within any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivisions (1) through (3).
As added by P.L.14-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-7. Tax Levy Rate; Different Tax Rates Authorized; Implementation of Total Tax Rate Levied Over a Number of Years

Sec. 7. (a) A tax levied under this chapter may be levied at:
(1) a uniform rate upon all taxable property within the territory; or
(2) different rates for the participating units included within the territory, so long as a tax rate applies uniformly to all of a unit's or fire protection district's taxable property within the territory.
(b) If a uniform tax rate is levied upon all taxable property within a territory upon the formation of the territory, different tax rates may be levied for the participating units included within the territory in subsequent years.
(c) This subsection applies to a territory established by an ordinance or a resolution adopted under this chapter after December 31, 2022. A total tax rate levied under this chapter upon taxable property within a territory upon the formation of the territory may be implemented over a number of years, not exceeding five (5), and in a manner subject to review and approval by the department of local government finance.
As added by P.L.37-1994, SEC.3. Amended by P.L.240-2001, SEC.4; P.L.172-2011, SEC.160; P.L.255-2017, SEC.46; P.L.95-2022, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-7.5. Local Option and Excise Taxes; Allocation to Economic Development; Distributions to Participating Units; Clerical and Mathematical Adjustments

Sec. 7.5. (a) This section applies to:
(1) local income tax distributions; and
(2) excise tax distributions;
made after December 31, 2009.
(b) Except as provided in subsection (c), for purposes of allocating local income tax distributions that are based on a taxing unit's allocation amount or that an adopting body allocates under IC 6-3.6-6 to economic development or excise tax distributions that are distributed based on the amount of a taxing unit's property tax levies, each participating unit in a territory is considered to have imposed a part of the property tax levy imposed for the territory. The part of the property tax levy imposed for the territory for a particular year that shall be attributed to a participating unit is equal to the amount determined in the following STEPS:
STEP ONE: Determine the total amount of all property taxes imposed by the participating unit in the year before the year in which a property tax levy was first imposed for the territory.
STEP TWO: Determine the sum of the STEP ONE amounts for all participating units.
STEP THREE: Divide the STEP ONE result by the STEP TWO result.
STEP FOUR: Multiply the STEP THREE result by the property
tax levy imposed for the territory for the particular year.
(c) This subsection applies to a determination under subsection (b) made in calendar years 2018, 2019, and 2020. The department of local government finance may, for distributions made in calendar year 2022, adjust the allocation amount determined under subsection (b) to correct for any clerical or mathematical errors made in any determination for calendar year 2018, 2019, or 2020, as applicable, including the allocation amount for any taxing unit whose distribution was affected by the clerical or mathematical error in those years. The department of local government finance may apply the adjustment to the allocation amount for a taxing unit over a period not to exceed ten (10) years in order to offset the effect of the adjustment on the distribution.
As added by P.L.182-2009(ss), SEC.442. Amended by P.L.197-2016, SEC.147; P.L.247-2017, SEC.33; P.L.38-2021, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-8.6. Transfer of Money From Participating Unit to Fire Protection Territory Fund or Fire Protection Territory Equipment Replacement Fund

Sec. 8.6. (a) A participating unit may adopt an ordinance or a resolution to transfer any money belonging to the participating unit to:
(1) the fire protection territory fund established under section 8 of this chapter;
(2) the fire protection territory equipment replacement fund established under section 8.5 of this chapter; or
(3) both funds described in subdivisions (1) and (2).
(b) An ordinance or a resolution adopted under this section must state both of the following:
(1) The amount of money transferred to either fund.
(2) The source of the money.
(c) The transfer of money from a participating unit to a fire protection territory before July 1, 2008, is legalized.
As added by P.L.128-2008, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-8.7. Purchase of Firefighting Equipment on Installment Conditional Sale or Mortgage Contract

Sec. 8.7. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the participating units, with the approval of the fiscal body of each participating unit, may purchase the firefighting apparatus and equipment for the territory 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 territory 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.
As added by P.L.83-1998, SEC.4. Amended by P.L.90-2002, SEC.501; P.L.178-2002, SEC.135.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-9. Avoidance of Duplication of Tax Levies; Preexisting Indebtedness

Sec. 9. (a) The department of local government finance, when approving a rate and levy fixed by the provider unit, shall verify that a duplication of tax levies does not exist within participating units, so that taxpayers do not bear two (2) levies for the same service, except as provided by subsection (b) or (c).
(b) A unit or fire protection district that incurred indebtedness for fire protection services before becoming a participating unit under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit or fire protection district until the indebtedness is paid in full.
(c) A unit or fire protection district that agreed to the borrowing of money to purchase fire protection equipment while a participating unit under this chapter shall continue to repay the unit's or fire protection district's share of that indebtedness by imposing a property tax within the boundaries of the unit or fire protection district until the indebtedness is paid in full. The department of local government finance shall determine the amount of the indebtedness that represents the unit's or fire protection district's fair share, taking into account the equipment purchased, the useful life of the equipment, the depreciated value of the equipment, and the number of years the unit benefited from the equipment.
As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.4; P.L.90-2002, SEC.502; P.L.255-2017, SEC.48.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-10. Disbandment of Existing Fire Departments

Sec. 10. This chapter does not require a municipality, township, or fire protection district to disband its fire department unless its legislative body consents by ordinance (in the case of a municipality) or resolution (in the case of a township or fire protection district) to do so.
As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, SEC.5; P.L.255-2017, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-11. Annexation of Territory

Sec. 11. Any area that is part of a territory and that is annexed by a municipality that is not a part of the territory ceases to be a part of the territory when the municipality begins to provide fire protection services to the area. However, this provision does not apply to or affect any part of the territory that is located in a fire protection district that retains fire protection authority and responsibility after an annexation.
As added by P.L.37-1994, SEC.3. Amended by P.L.255-2017, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-12. Adjustments to Tax Levy; Entry Year of Participants

Sec. 12. In the same year that a tax levy is imposed under this chapter, each respective participating unit's tax levies attributable to providing fire protection services within the unit or fire protection district shall be reduced by an amount equal to the amount levied for fire protection services in the year immediately preceding the year in which each respective unit or fire protection district became a participating unit.
As added by P.L.37-1994, SEC.3. Amended by P.L.255-2017, SEC.51.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-13. Withdrawal From Territory; Ordinance or Resolution; Effect of Adoption

Sec. 13. (a) If a unit or fire protection district elects to withdraw from a fire protection territory established under this chapter, the unit or fire protection district must after January 1 but before April 1, adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district) providing for the withdrawal. However, if one (1) unit or fire protection district has adopted an ordinance or resolution after January 1 and before April 1 to withdraw from the fire protection territory, any remaining unit or fire protection district may also adopt an ordinance or resolution to withdraw from the fire protection territory before the later of:
(1) April 1; or
(2) the date occurring thirty (30) days after the date the first unit or fire protection district adopted the ordinance or resolution to withdraw from the fire protection territory.
An ordinance or resolution adopted under this section is effective January 1 of the year immediately following the year in which the ordinance or resolution is adopted.
(b) If an ordinance or a resolution is adopted under subsection (a), for purposes of determining a unit's or fire protection district's maximum permissible ad valorem property tax levy for the year following the year in which the ordinance or resolution is adopted, the unit or fire protection district receives a percentage of the territory's maximum permissible ad valorem property tax levy equal to the percentage of the assessed valuation that the unit or fire protection district contributed to the territory in the year in which the ordinance or resolution is adopted. The department of local government finance shall adjust the territory's maximum permissible ad valorem property tax levy to account for the unit's or fire protection district's withdrawal. After the effective date of an ordinance or resolution adopted under subsection (a), the unit or fire protection district may no longer impose a tax rate for an equipment replacement fund under section 8.5 of this chapter. The unit or fire protection district remains liable for the unit's or fire protection district's share of any debt incurred under section 8.5 of this chapter.
(c) If a territory is dissolved, subsection (b) applies to the determination of the maximum permissible ad valorem property tax levy of each unit or fire protection district that formerly participated in the territory.
As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.5; P.L.47-2007, SEC.6; P.L.203-2016, SEC.26; P.L.255-2017, SEC.52.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-14. Payment of Line of Duty Health Care Expenses for Firefighters

Sec. 14. (a) A provider unit shall pay for the care of a full-time, paid firefighter who:
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The provider unit shall pay for the following expenses incurred by a firefighter described in subsection (a):
(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.
(c) Expenditures required by subsection (a) shall be paid from the fund used by the provider unit for payment of the costs attributable to providing fire protection services in the provider unit.
(d) A provider unit that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) 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 provider unit'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.
As added by P.L.150-2002, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-15. Dissolution of Fire Protection Territory; Reversion of Title to Real Property

Sec. 15. (a) For purposes of this section, a fire protection territory is dissolved if all participating units withdraw from the fire protection territory as provided in section 13 of this chapter.
(b) When a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit.
As added by P.L.128-2008, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-16. Duty of the Department of Local Government Finance to Review Tax Rates and Levies for Certain Fire Protection Territories; Recommendations to Units Concerning Existing Tax Rates and Levies; Authority to Conduct Public Hearings; Report of Findings and Recommendations to the Legislative Council

Sec. 16. (a) The department of local government finance, in consultation with the applicable participating units, shall review the tax rates and levies for each fire protection territory whose establishment was effective not later than July 1, 2012. The department shall complete its review of the applicable territories before October 1, 2017.
(b) The department of local government finance shall make recommendations to the participating units concerning their existing tax rates and tax levies. In conducting its review, the department of local government finance shall consider the following factors and discuss the factors with each participating unit in the territory:
(1) The population and change in population of each unit in the territory.
(2) The assessed valuation and change of assessed valuation of real property in each unit in the territory.
(3) The cost of providing fire service to each unit in the territory.
(4) Comparisons to other jurisdictions providing similar fire service.
(5) Previous tax rates and levies for fire protection.
(6) Future needs and planned or expected expenses for fire service.
(7) Other factors as determined by the department.
(c) Participating units shall provide the department of local government finance with any information or documentation requested by the department.
(d) The department of local government finance may conduct public hearings in performing its duties under this section.
(e) The department of local government finance shall report its findings and recommendations under this section to the legislative council before October 1, 2017, in an electronic format under IC 5-14-6.
As added by P.L.249-2015, SEC.34.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-16.5. Requirement for Provider Units for Certain Territories to Submit Documents and Information to the Department of Local Government Finance

Sec. 16.5. (a) This section applies to a territory:
(1) established under this chapter by adoption of an ordinance or resolution by the legislative body of a participating unit that is effective before July 1, 2022; or
(2) established or expanded under this chapter by adoption of an ordinance or resolution by the legislative body of a participating unit that is effective after June 30, 2022.
This section does not apply to a territory that was dissolved under section 15 of this chapter before June 30, 2023.
(b) The provider unit shall submit to the department of local government finance the following:
(1) The ordinance establishing a territory (in the case of a county or municipality).
(2) The resolution establishing a territory (in the case of a township or fire protection district).
(3) Documents outlining the contents of an agreement to establish or extend a territory, including an operating agreement.
(4) Documents outlining the description of planned services for a territory that were prepared when a territory was established.
(5) If the participating units agreed to change the provider unit under section 6.5 of this chapter, each:
(A) ordinance (in the case of a county or municipality); and
(B) resolution (in the case of a township or fire protection district);
as applicable, that agrees to and specifies the new provider unit.
(c) If there is a change in the operations or structure of a territory, the provider unit shall submit a report to the department of local government finance within thirty (30) days of the effective date of the change.
(d) The information submitted under subsections (b) and (c) shall be submitted in a manner prescribed by the department of local government finance.
(e) The provider unit shall maintain copies of the information identified under subsection (b) throughout the existence of the territory.
As added by P.L.236-2023, SEC.210.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19. Fire Protection Territories › 36-8-19-17. Member Residency

Sec. 17. A firefighter who is a member of the fire department of a fire protection territory is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's fire department; and
(2) maintain telephone service to communicate with the member's fire department.
As added by P.L.122-2023, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19.5. Public Safety Improvement Areas › 36-8-19.5-3. Designation of Public Safety Improvement Areas

Sec. 3. (a) A legislative body may apply to the institute to have an area of a city governed by the legislative body designated as a public safety improvement area. The application must include a plan for improving public safety within the area.
(b) The institute may not designate an area as a public safety improvement area unless the area:
(1) has a high crime rate;
(2) has boundaries that are expressly designated by the legislative body; and
(3) comprises not more than twenty percent (20%) of the city's geographical territory.
As added by P.L.21-1994, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19.5. Public Safety Improvement Areas › 36-8-19.5-4. Adoption of Rules

Sec. 4. The institute shall adopt rules under IC 4-22-2 to carry out this chapter. The rules must include the following:
(1) A definition of a public safety improvement area.
(2) A description of what constitutes a high crime rate.
(3) Guidelines for the application and approval process for designating an area as a public safety improvement area.
(4) A method for:
(A) publishing a description of each public safety area approved by the institute; and
(B) informing the residents of a city whenever the institute designates an area of the city as a public safety improvement area.
(5) A procedure for the institute to give priority to public safety improvement areas when the institute is involved in:
(A) awarding; or
(B) administering the award of;
grants that public safety improvement areas are eligible to receive.
As added by P.L.21-1994, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 19.5. Public Safety Improvement Areas › 36-8-19.5-5. Duration and Renewal of Designation

Sec. 5. (a) The institute may approve an area as a public safety improvement area under this chapter for five (5) years.
(b) A legislative body may reapply to have an area designated as a public safety improvement area under the application and approval process described in this chapter.
As added by P.L.21-1994, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 20. Universal 911 Emergency Telephone Number › 36-8-20-3. Exclusivity of System

Sec. 3. A communication system that is:
(1) available to members of the public as a means to report an emergency and to request assistance; and
(2) established or operated by the state or a unit;
must use 911 as the exclusive universal emergency telephone number for that communication system.
As added by P.L.126-1999, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-1. "Department"

Sec. 1. As used in this chapter, "department" refers to:
(1) the department of homeland security established by IC 10-19-2-1; or
(2) an appropriate division within the department of homeland security, as determined by the executive director of the department of homeland security.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-2. "Infrastructure Agency"

Sec. 2. As used in this chapter, "infrastructure agency", with respect to an area in a county, means:
(1) a political subdivision; or
(2) an agency;
responsible for planning for, acquiring, operating, maintaining, or testing one (1) or more severe weather warning sirens in the area.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-3. "Plan"

Sec. 3. As used in this chapter, "plan" refers to a siren coverage plan adopted by a county under section 13 of this chapter.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-4. "Planning Agency"

Sec. 4. As used in this chapter, "planning agency", with respect to an area, means:
(1) a unit that has planning and zoning jurisdiction over all or any part of the area; or
(2) a plan commission that has planning jurisdiction over all or any part of the area.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-5. "Planned Siren"

Sec. 5. As used in this chapter, "planned siren" refers to a siren that satisfies all of the following:
(1) The siren has a definite location within the county.
(2) The funding for the siren has been identified.
(3) An approximate date for the siren's acquisition and installation has been determined.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-6. "Report"

Sec. 6. As used in this chapter, "report" refers to a siren coverage report prepared by a county under section 11 of this chapter.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-7. "Severe Weather"

Sec. 7. As used in this chapter, "severe weather" means:
(1) a tornado; or
(2) any other storm, weather condition, or emergency designated by the department in a rule adopted under section 9 of this chapter.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-8. "Severe Weather Warning Siren"

Sec. 8. As used in this chapter, "severe weather warning siren" or "siren" means a siren that can be activated within a specified range to warn residents of an occurrence or imminent threat of severe weather.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-9. Department to Adopt Rules Concerning Severe Weather Warning Sirens

Sec. 9. Before January 1, 2010, the department shall adopt rules under IC 4-22-2 to provide for the following:
(1) Minimum technical standards, including a minimum range, for any siren that is to be acquired and installed in a county under a county's siren coverage plan.
(2) A specification of any permissible storm, weather condition, or emergency, other than a tornado, for which a severe weather warning siren may be activated.
(3) Requirements for any test, activation, or failure rate data that the department may require a county to submit with respect to any siren identified by a county in a:
(A) siren coverage report prepared under this chapter; or
(B) siren coverage plan prepared under this chapter.
(4) Any other rules necessary for the department to:
(A) assess the number, location, and condition of existing severe weather warning sirens in each county in Indiana; and
(B) determine the need for additional sirens in order to ensure comprehensive severe weather warning siren coverage for all Indiana residents.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-10. County's Siren Coverage Plan; Assistance From Department; Siren Coverage Report

Sec. 10. (a) At the request of the county legislative body, the department shall assist the county in development of a siren coverage plan for the county.
(b) In developing a siren coverage plan for a county, the department may require the county to develop a siren coverage report.
As added by P.L.89-2008, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-12. Department's Review of Report; Recommendations

Sec. 12. The department shall do the following not later than six (6) months after a county submits a report under section 11 of this chapter:
(1) Review the siren coverage report.
(2) Make any recommendations to the county that the department determines to be necessary to ensure comprehensive severe weather warning siren coverage for all residents of the county.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.171.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 21.5. Severe Weather Warning Sirens › 36-8-21.5-14. Department to Assist in Implementing Plan

Sec. 14. The department shall assist a county that adopts a siren coverage plan to do the following:
(1) Implement the plan.
(2) Obtain federal and other grants to enable the county to implement the plan.
As added by P.L.89-2008, SEC.1. Amended by P.L.1-2009, SEC.173.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-2. "Employee"

Sec. 2. As used in this chapter, "employee" means a full-time employee of a police or fire department. However, the term does not include an employee in an upper level policymaking position.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-3. "Employee Organization"

Sec. 3. As used in this chapter, "employee organization" means an organization:
(1) that includes employees as members; and
(2) whose primary purpose is to represent the members of the organization on issues concerning grievances, wages, rates of pay, hours of employment, conditions of employment, or becoming an exclusive recognized representative.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-6. "Strike"

Sec. 6. As used in this chapter, "strike" means a:
(1) work stoppage by two (2) or more employees to enforce compliance with demands made on an employer; or
(2) temporary stoppage of work activities by two (2) or more employees in protest against an act or condition.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-7. Exemptions; Existing Agreements

Sec. 7. (a) Except as provided in section 15 of this chapter, this chapter does not apply to an employer with a population of less than seven thousand (7,000).
(b) This chapter does not apply to an employer that has adopted by:
(1) ordinance;
(2) resolution;
(3) amendment; or
(4) executive order;
provisions and procedures that permit an employee to form, join, or assist an employee organization to bargain collectively.
(c) For:
(1) a collective bargaining agreement; or
(2) a memorandum of understanding;
entered into between an employer and an employee organization or a recognized representative before January 1, 2008, this chapter may not be construed to annul, modify, or limit the agreement or memorandum during the term of the agreement or memorandum.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-8. Employee Rights

Sec. 8. (a) All employees have the right to:
(1) meet and freely assemble to discuss their interests as employees on the employees' own time;
(2) form an employee organization on the employees' own time; and
(3) join and assist an employee organization.
(b) The rights guaranteed under subsection (a) include the right to:
(1) solicit membership;
(2) join an employee organization to present the view of the employee; and
(3) have dues deducted from employee wages and submitted to the exclusive recognized representative.
(c) An employee may not be required to:
(1) become a member of; or
(2) pay dues to;
an employee organization.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-9. Election of Exclusive Recognized Representative

Sec. 9. (a) An employee organization is the exclusive recognized representative of the employees of an employer if:
(1) before January 1, 2008, the employee organization was recognized by the employer as the sole representative of the employer's employees; or
(2) after December 31, 2007, the employee organization is elected to be the exclusive recognized representative under subsection (c).
(b) After December 31, 2007, an employer shall conduct an election to determine an exclusive recognized representative if at least thirty percent (30%) of the employees of the employer sign a petition requesting such an election. The election shall be conducted at least thirty (30) but not more than sixty (60) days after the employer receives the petition.
(c) An employee organization becomes the exclusive recognized representative of the employees of the employer if it receives more than fifty percent (50%) of the votes cast in an election conducted under subsection (b).
(d) An election under subsection (b) to determine an exclusive recognized representative may not be conducted more often than once every two (2) years.
As added by P.L.48-2007, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 22. Meet and Confer for Public Safety Employees › 36-8-22-10. Employer Rights

Sec. 10. This chapter is not intended to circumscribe or modify the existing right of an employer to:
(1) direct the work of the employer's employees;
(2) hire, promote, demote, transfer, assign, and retain employees in positions;
(3) suspend, discharge, or otherwise discipline employees for just cause;
(4) maintain the efficiency of governmental operations;
(5) relieve employees from duties because of lack of work or for other legitimate reasons; or
(6) take actions that may be necessary to carry out the mission of the employer in emergencies.
As added by P.L.48-2007, SEC.1.