Financial pressures have caused townships to revisit the way they provide fire protection to their residents. Single-township fire departments are being replaced by multi-unit departments that are governed by service contracts or joint authorities. Several legal options are available.
1
Township Fire Protection Act (Act 33)
Act 33 is the most common statute used by townships to provide joint fire protection. It applies not only to townships, but also to villages and “qualified cities.” A “qualified city” is a city with less than 15,000 population (or between 15,000 and 70,000 population if the county has a population between 200,000 and 235,000). Adjoining townships and other eligible local units may jointly purchase fire protection vehicles, equipment, and fire buildings, and may provide annual funding to maintain and operate a fire department. In order to act jointly under Act 33, each unit must be adjoining, but they do not need to be located in the same county.
2
Municipal Emergency Services Act (Act 57)
Act 57 allows two or more municipalities (including townships) to incorporate an authority to provide emergency fire protection services. An authority is created when the legislative body of each incorporating municipality adopts articles of incorporation for the authority. A fire authority will possess all the powers necessary to carry out fire protection services, as well as those functions incident to fire protection. Municipalities may be added to the authority by amendment of the articles of incorporation adopted by each incorporating municipality and the municipality to be added.
3
Urban Cooperation Act (Act7)
Act 7 is a very broad statute that permits public agencies to enter into interlocal agreements for the joint exercise of power. The joint exercise of power may include any power, privilege, or authority that the agencies share in common or which may be exercised individually, including fire service or many other types of local functions.
4
Intergovernmental Contracts Act (Act 35)
Act 35 applies to counties, charter counties, townships, charter townships, cities, villages, metropolitan districts, and any other local government authority with the power to enter into contracts. This statute generally allows a municipal corporation to contract or join with any other municipal corporation for the operation or performance of fire services, or any other services that either municipal corporation would have the power to operate or perform individually. Since a township has the lawful power to operate a fire department, it may contract under Act 35 with any other municipal corporation to operate a fire department, either jointly or on behalf of all the involved municipal corporations.
5
County Fire Protection Act (Act 15)
Act 15 is a very brief statute that applies to counties with populations of at least 5,000 where there are areas outside of incorporated cities not covered by fire protection. The county board of commissioners may contract under Act 15 with any township, village, or city in the county with an operating fire department to provide fire protection to the inadequately protected areas. The county may also elect to purchase fire equipment and provide fire protection itself. The county may only furnish fire protection to townships that have contracted to reimburse the county at least 50 percent of the cost of providing the fire protection.
Comments - add comment