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 Fire Fee Rules and Regulations

 


Fire Fee Rules and Regulations

Introduction

The Shelby County Fire Department operates under the authorization contained in Tennessee Code Annotated ("T.C.A.") Sections 5-16-101, et seq.  T.C.A.  5-16-101 governs Shelby County's authority to establish and operate urban type public facilities, including, but not limited to, "fire protection and emergency medical services."  Pursuant thereto, Shelby County established the Shelby County Fire Department by resolution adopted in 1972 by the Shelby County Board of Commissioners. 

The Shelby County Fire Department provides fire protection and emergency medical services to Unincorporated Shelby County and Lakeland.  Further, emergency medical services are made available by the Shelby County Fire Department for the Cities of Arlington, Germantown, Collierville, and Millington.  The providing of fire protection and emergency medical services is funded by fire fees set by the Division of Public Works for the Shelby County Administration as authorized by T.C.A. 5-16-109(a) which requires the fire fee be determined and charged "upon a basis calculated to ensure the fiscal solvency of the operation [of the Shelby County Fire Department] at all times."  Subsection (b) of that law further provides that the County Administration is "authorized and directed to make and publish reasonable rules and regulations covering the use by any individual, firm or corporation of any. . . [fire protection and emergency medical services] furnished to users."

The following rules of operation are set forth by the Mayor of Shelby County, Tennessee for the purposes of regulating the assessment of fire fees for Unimproved and Improved Properties located within Shelby County and served by the Shelby County Fire Department as set forth above.  Division 1 of these Rules and Regulations contains the Fire Fee Schedule for Unimproved and Improved Property located within Unincorporated Shelby County and the municipalities serviced within Shelby County.  Division 2 of these Rules and Regulations contains the information relative to billing, collection, and dispute resolution.

 

Definitions

For purposes of the Fire Fee Rules and Regulations, the following phrases shall have the meaning so designated:

Unimproved Property:  For the purpose of assessing the fire fee pursuant to T.C.A. 5-16-109, and for no other purpose, Unimproved Property shall be defined as real property upon which there is not a live utility meter.  This shall include vacant and uninhabited property as well as vacant land and real estate upon which there may be structures without utility service.

Improved Property:  For the purpose of assessing the fire fee pursuant to T.C.A. 5-16-109, and for no other purpose, Improved Property shall be defined as real property upon which a structure with a live utility meter is situated.  This shall include residential, commercial, church and agricultural properties where there is a live utility meter.