North Carolina HB 651: Brunswick Fire Fees.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 1999 
 
 
SESSION LAW 1999-323 
HOUSE BILL 651 
 
 
AN ACT TO ALLOW BRUNSWICK COUNTY TO ASSESS A FIRE PROTECTION 
FEE. 
 
The General Assembly of North Carolina enacts: 
 
Section 1.  Fee-supported fire districts. 
Section  1.(a)    Request  for  Fee-Supported  District.  –  A  county  may  create  a  
fee-supported  fire  district  for  insurance  grading  purposes  if  it  receives  one  of  the  
following: 
(1) A written request to create the district signed by at least two-thirds of 
the  members  of  the  board  of  directors  of  a  fire  department  that  
contracts  with  the  county  to  provide  fire  protection  within  an  area  of  
the county. 
(2)  A  petition  requesting  creation  of  a  district  signed  by  fifteen  percent  
(15%) of the resident freeholders living in an area in the county.  The 
petition must describe the area to be designated as the district. 
Section 1.(b)  Creation of Fee-Supported District. – Upon receipt of a request 
as  provided  in  subsection  (a),  the  county  may  adopt  a  resolution  establishing  a  fee-
supported  fire  district  and  imposing  annual  fees  for  the  provision  of  fire  protection  
services within the district. The fee may be established or changed only after the county 
board  of  commissioners  has  received  the  recommendations  of  the  committee  for  that  
district,  established  under  subsection  (b1)  of  this  section.  The  district  may  not  include  
any  area  that  is  within  (i)  a  tax-supported  fire  district  established  under  Article  3A  of  
Chapter  69  of  the  General  Statutes;  (ii)  a  county  service  district  established  under  
Article 16 of Chapter 153A of the General Statutes for fire protection purposes; or (iii) 
another fee-supported fire district.  The district may not include any area that is within 
the  corporate  limits  of  a  municipality  unless  the  governing  body  of  the  municipality  
agrees  to  the  inclusion.    However,  it  is  not  necessary  to  obtain  the  consent  of  a  
municipality if the municipality has not levied a tax, performed any official act, nor held 
any  elections  within  a  period  of  10  years  preceding  the  adoption  of  the  resolution  
including the area within the district. 
Section 1.(b1)  Committee for District. – Each district shall have a committee 
to allow local control over the fee-setting process.  In each district that does not include 
any  territory  in  a  participating  municipality,  the  committee  shall  consist  of  five  
members as follows:  The Fire Chief, the member of the board of county commissioners 
in whose electoral district more than fifty percent (50%) of the land area of the district 

 
Page 2 S.L. 1999-323 House  Bill 651 
lies,  a  community  member  chosen  by  the  Fire  Department  Board  of  Directors,  a  
community  member  chosen  by  the  board  of  county  commissioners,  and  the  Fire  
Marshal.  In each district that does include any territory in a participating municipality, 
the committee shall consist of members as follows:  The Fire Chief, the mayor of each 
participating   municipality   in   the   district,   the   member   of   the   board   of   county   
commissioners in whose electoral district more than fifty percent (50%) of the land area 
of  the  district  lies,  a  community  member  chosen  by  the  Fire  Department  Board  of  
Directors, a community member chosen by the board of county commissioners, and the 
Fire Marshal.  In either type of district, the Fire Marshal shall chair the committee, but 
may vote only to break a tie.  The committee shall conduct an inquiry into the amount of 
funds  required  by  the  district  to  meet  its  needs,  and  shall  make  findings  on  the  issue.    
The committee will communicate these findings to the board of county commissioners 
and  recommend  a  fee.    The  board  of  county  commissioners  will  then  set  the  fee.    The  
same process shall be used for changes to the fee once established. 
Section  1.(c)    Fees.  –  The  fees  imposed  by  the  county  may  not  exceed  the  
cost  of  providing  fire  protection  services  within  the  district  and  may  be  imposed  on  
owners  of  all  real  property  that  benefits  from  the  availability  of  fire  protection  and  on  
owners  of  all  manufactured  or  mobile  homes  that  benefit  from  the  availability  of  fire  
protection.  For the purpose of this section, the term 'fire protection' includes furnishing 
emergency  medical,  rescue,  and  ambulance  services  to  protect  persons  in  the  district  
from injury or death.  The county shall establish a schedule of fees for different classes 
of property and the fee for each class of property shall be proportional to the estimated 
cost of providing fire protection services to that class of property.  The schedule of fees 
shall  include  the  following  classes  of  p