COPYRIGHT June 2007

Many people moving to Tucson, or anywhere in Pima County, or most locations in Arizona for that matter, from most any other state, will find that there are a number of things that are done quite differently here - and they may take some getting used to.  Among those things is the manner in which fire and rescue / emergency medical service is provided for our residents and businesses.

It is doubtful that this issue will normally be a significant factor in the decision making process about specifically where to purchase a home in the greater Tucson metropolitan area – but, then again, for some people, maybe it could be.  More likely, this issue is just something to be aware of and informed about - so that this additional cost of home ownership does not come as a surprise or shock.  Being completely informed about issues that affect our routine costs is always useful and prudent and should always be part of the “discovery” process and due diligence when purchasing a home or business.

For those of us who grew up in unincorporated urban or rural areas back east, it just seemed normal that the local volunteer fire department consisted of people we knew and grew up with – and they served voluntarily because they enjoyed the thrill and exhilaration of fighting fires and rescuing their neighbors’ property and lives.  A great sense of community service and pride in personal dedication to the public good is what made those people tick.  Maybe they had a little pyromaniac in them as well and just liked the thrill of riding the fire truck and hanging around the station too.  Well, whatever motivated them – thank goodness for them!  What heroes.  And, many of us supported them financially – either by writing a check periodically for what we could afford and/or by supporting their many fund raising activities.  Pancake breakfasts, bingo night, raffles, bake sales, and many other creative ways of drawing the financial support necessary out of the community were common.  Of course, lots of people never bothered to contribute a dime to them – but they counted on them to save their lives and property.  Go figure.

Well, right or wrong, we will have none of that in Tucson – or anywhere in Arizona - at least not in the same way.  Some of the fire service companies do have community events and charity fundraisers – but not for their own financial support.  There is a different system in place here.  In fact there are three different types of fire service models being practiced:

1)  There is a municipal city fire department http://www.tucsonaz.gov/fire/ for the City of Tucson proper (the political subdivision defined by the city limits) – which is funded by property taxes – just another part of the City’s budget. The Tucson Fire Department has approximately 500 firefighters and 20 fire stations. Their tax assessment for fire service was set in 2004 at $1.18 per $100 of assessed property valuation.

And, there is a separate municipal city fire department for the City of South Tucson.  South Tucson is a one mile-square community just south of downtown Tucson, completely surrounded by the city of Tucson.  Their tax assessment for fire service was set in 2005 at $.24 per $100 of assessed property valuation.

So, there are two examples of one type of fire service model – a municipality that budgets and pays for the service with earmarked property tax assessments based on property value.

2)  Where that model doesn’t exist, there are Fire Districts that are authorized by the State Legislature and cover a hodge-podge of residential areas, military property, airports, and others surrounding the City of Tucson, or the “Greater Metropolitan Area”, if you will.  The coverage by these Districts is very spotty and perhaps to some people, seemingly unplanned or at least poorly planned.  Much like in the City Council of the City of Tucson, the District Governing Boards are authorized to assess enough additional property tax on all properties located within each district to financially support their activity.

These Fire Districts include:

Avra Valley Fire District

http://www.avfire.org/

Corona de Tucson Fire Department       

www.coronafire.org

Drexel Heights Fire District

http://www.drexelfire.net

Golder Ranch Fire District

http://www.golderranchfire.org/

Green Valley Fire District

http://www.greenvalleychamber.com/members_detail.asp?ID=95

Helmet Peak Volunteer Fire Department

http://www.firedepartments.net/Arizona/Sahuarita/HelmetPeakVolunteerFireDepartment.html

Mt. Lemmon Fire District

http://mountlemmonfire.com/

Northwest Fire District

www.northwestfire.org

Pascua Pueblo Fire Department

http://www.pascuayaqui-nsn.gov/departments/publicsafety/firestation/index.shtml

Picture Rocks Fire District

Rincon Valley Fire District

http://www.rinconvalleyfd.org/

Three Points Fire District

http://www.threepointsfire.org/

All of these organizations are staffed in varying degrees by full time paid professionals and in some cases they are supplemented by volunteers.

And, there are some additional Fire Districts with elected Governing Boards also, that have chosen to contract with a private, for-profit company, Rural/Metro Fire Department, to provide services (still paid for out of their tax funds though):

North Ranch/ Linda Vista Fire Districts

Heritage Hills Fire District

La Canada Fire District

Hidden Valley Fire District

Sabino Vista Fire District

Tanque Verde Valley Fire District

Tucson Country Club Estates Fire District

3)  And, for a variety of historical, physical, developmental, economic, and political reasons, there are many developed areas that are not in a Fire District of any description.  These areas are unincorporated parts of Pima County that have not been annexed by one of the Fire Districts.  In some isolated cases, there may also be what are known as “County Islands” if they are completely surrounded by City boundaries and/or Fire District boundaries.  Collectively, these form the third, red-headed step-child fire service model.  By default, most of these areas have fire and rescue service available, by subscription, from a private company.  In our case the only company that is here is Rural/Metro Fire Department.  Rural/Metro determines what they are going to charge for their services on a voluntary subscription basis for every property owner that is not in the City of Tucson or an established Fire District.  When you move here they will contact you about establishing service with them (or you can contact them).  They will assess you based on the square footage of all buildings on your property – everything under a roof.

FIRE DISTRICT MAP

And to be complete, there is an exception to three models.  On Indian reservations (which are sovereign entities), none of this applies.  They take care of their own fire fighting and emergency services.

Yes, this whole thing is quite complicated – that’s why this article is written.  Don’t shoot the messenger.

Historically speaking, Rural/Metro Fire Department came into being in the same way many successful businesses do - somebody saw a need and filled it.  In 1948, a  21 year old Arizona resident (in an unincorporated area that is now part of Scottsdale), Lou Witzeman, found himself living in a location that had no fire and rescue service – so he started one.    Rural/Metro has since grown into a very large business serving approximately 400 communities in 23 states with 7800 employees making 1.5 million calls for service annually.  Other private companies have sprung up around the country too, but most are only providing ambulance services.  So we are still pretty unique in the way this is all done in Arizona.  In fact, some believe that the privatization of fire protection and emergency medical services will become more and more widespread and is evolving into what some would argue is a more efficient model of service – though they certainly have not done so without some growing pains and difference of opinion and controversy.

The legal authority for our system comes from the Arizona Revised Statutes (ASR) http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp, which is the civil legislative body of law here.  Fire and rescue service is provided for in Title 48 through one of many “Special Taxing Districts”.  Specifically, Chapter 5 covers Fire Districts:

Title 48 - Special Taxing Districts

Perhaps the most informative Section of all of this is 48-805, which is available in it’s entirety at this hyperlink:  http://www.azleg.state.az.us/ars/48/00805.htm.

If a property owner chooses not to establish service with Rural/Metro, but they end up needing and calling for service, the service will be provided – however, there will be a demand for payment for those services on a fee for service basis.  Such fees can range from as little as $325.00 to tens of thousands of dollars – depending on the size and nature of the call.

Some people mistakenly believe that their normal “homeowners insurance” will cover all of the costs or losses associated with a house fire.  Well, not really.  This type of insurance is known as “property, casualty, and liability”.  It may provide coverage for the structure and its contents and for accidents or mishaps of guests – but it will not pay for fire and rescue services.  Some insurance companies may even require that you establish service with the fire district as a condition of insurance.  And, of course, all lenders require that homeowners insurance be in force as a condition of the loan.

So, to finally get to the point here, when you are looking for a home to purchase by looking at residential property listings from the Tucson Association of REALTORS^®’  Multiple Listing Service there is an information field that indicates whether fire and rescue service is included in the property taxes – indicated by a “yes” or “no”.  This question is answered and input by the real estate agent that submitted the listing into the system.  Most of the time, it is probably correct – however, mistakes are sometimes made.  It is always good to verify that information is up-to-date and correct.

If the answer to that question is `yes’, then fire and rescue service is provided by an incorporated municipality, e.g. Tucson, or South Tucson, or one of the other tax-based, quasi-government agencies known as a Fire District.  And, since this service is going to be paid for with part of your property taxes, nothing further needs to happen for coverage to be in place.  You don’t need to do anything (except pay your property taxes).

If the answer to the question on the property listing form is `no’, then fire and rescue service is probably going to be provided by Rural/Metro on a paid subscription basis.  To find out for sure, simply check it out on their website:  http://www.rmfire.com.  You can type in the property zip code and find out which service area it is in.  Alternatively, if the property is close to the boundary line of a Fire District, it may be possible to talk the Fire District into annexing you into to their boundary and paying through your property taxes.

If the property is served by Rural/Metro, then it is the property owners’ responsibility to establish service with them – just like you do with water, gas, electric, and cable TV companies.  However, unlike with the utility companies, you will pay for this service in advance – quarterly, semi-annually, or annually.  And, the fire service stays with the property when ownership changes.  So, if and when you sell the property remember to make sure that the escrow company credits you with the remaining paid balance for service.  It works much like it works for homeowner association dues in that respect.  Unlike property taxes, or homeowners insurance which are normally made part of your monthly home loan payment (we don’t have “mortgages” in Arizona either) and are part of the lender’s impound fund.

The cost of service is going to be determined by two things:  the rate per square foot established by Rural/Metro for the particular area that the property is located in, and the total enclosed square footage of the buildings on your property, including garages, barns, sheds, workshops, etc.  Current annual subscription costs range from $144.00 to $519.00 for residential property.

In areas where this assessment is accomplished through the property taxes charged – like in the city of Tucson proper or an established Fire District, a tax levy amount is charged based on assessed property value as mandated by the State.  Since property values can vary greatly depending on the location of a home, acreage, etc., a rate schedule based on the square footage of structures located on the property may be a more equitable method to determine the cost or value of the service, i.e., everyone with the same sized home pays the same rate.  But, debate over this issue – which method of assessing is the fairest or most equitable – will continue forever.

Purchasers of vacant land that is not in a Fire District may also want to consider enrolling with Rural/Metro.  Vacant land can in fact burn. Many wildfires occur on unoccupied, undeveloped land.  This may seem a bit silly.  All that is suggested is to make sure you consider it – what are the possible scenarios and consequences.  Could collateral damage be caused by a major fire that you might be held responsible for?  Or, could it actually affect the value of the property for years to come because of the loss of beautiful natural desert vegetation and cacti?

There may be some differences in the specific services provided by the different Fire Districts, but in most case they will include:

• Fire Fighting Services
• Emergency Medical Services
• Specialized Rescue (Swift Water, High Angle, Vehicle Extrication)
• Poisonous Reptile Removal
• Water Utility Assistance (Emergency Shut-off & Excess Water Removal
• Home and Vehicle Lockout Assistance
• Home Safety Reviews
• Real Estate Development/Structure Plan Reviews

In addition to fighting fires, all firefighters are either certified Paramedics or Emergency Medical Technicians, prepared to respond to your medical emergency. In fact, more than 70% of the calls they receive are medical related, not fire related.

Ambulance service is not included as part of the routine service agreement with Rural/Metro.  They do include the response to, and emergency medical services rendered on, your property.  But transportation by ambulance is not included.   However, a separate agreement is available with Rural/Metro at a cost of $59.00 per year per household.

At locations other than the property you own, e.g. an automobile accident, where you would need ambulance service, this will always be billed for separately.  There are three private companies:  Kords, Southwest Ambulance, and Rural/Metro.  However, Rural/Metro just recently bought the other two companies but they still operate under their original company names.  The cost of ambulance service is going to vary based on a number of factors, but a typical transport from an accident to a nearby emergency room will likely cost somewhere around $600.00.  Typical medical insurance may pay some or all of that charge.  And, if they don’t pay all of it, the balance is sometimes forgiven.

Another service that is provided for by our firefighters is snake removal.  Actual snake bites are really rare, but snakes, including rattlesnakes, are a fact of life in the desert.  Occasionally one will find its way onto a patio and need to be removed.  This service is provided at no extra charge.  However, of course, if you live in a County Island and Rural/Metro responds for snake removal and you are not a subscriber, then you will likely be charged for that service.

Killing rattlesnakes in general is frowned upon – they are very important in the ecosystem.  There are a couple of types of rattlesnakes that are protected and it is illegal to kill them.  And, on the few occasions when someone is bitten, it is often during an attempted kill.  Most of the other bites that occur are very often related to the blood –alcohol level of the perpetrator/victim.  That’s a whole different story.

There is another interesting thing that is different in Arizona than in most places – related to rescue services.  You are probably aware that in the peak of our summer heat we have weather events known as the “monsoons”.  The monsoon season lasts for many weeks and is marked by spectacular lightning and thunder and extremely heavy downpours – which result in flash-flooding across a number of our roadways.  Very swift moving water does not have to be very deep to be capable of washing away cars and trucks – as little as six inches can be enough.  City and County workers are dispatched to all known locations of street flooding and, when appropriate, will place large signs up in the roads cautioning motorists to avoid entering the water covered surfaces.  When a motorist chooses to ignore this advice (they do in almost every storm), and they end up needing to be rescued, we have a law known as the “Stupid Motorist Law” which then requires them to pay for their rescue.  This law has been in effect since 1995:

28-910. Liability for emergency responses in flood areas; definitions

A. A driver of a vehicle who drives the vehicle on a public street or highway that is temporarily covered by a rise in water level, including groundwater or overflow of water, and that is barricaded because of flooding is liable for the expenses of any emergency response that is required to remove from the public street or highway the driver or any passenger in the vehicle that becomes inoperable on the public street or highway or the vehicle that becomes inoperable on the public street or highway, or both.

B. A person convicted of violating section 28-693 for driving a vehicle into any area that is temporarily covered by a rise in water level, including groundwater or overflow of water, may be liable for expenses of any emergency response that is required to remove from the area the driver or any passenger in the vehicle that becomes inoperable in the area or the vehicle that becomes inoperable in the area, or both.

C. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection A or B of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities or not-for-profit entities that incurred the expenses. The person's liability for the expenses of an emergency response shall not exceed two thousand dollars for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.

D. An insurance policy may exclude coverage for a person's liability for expenses of an emergency response under this section.

E. For the purposes of this section:

1. "Expenses of an emergency response" means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.

2. "Public agency" means this state and any city, county, municipal corporation, district or other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services.

3. "Reasonable costs" includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident but does not include charges assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

If you have selected a property not located in a Fire District, in a subdivision (which is typically going to be the case), and there is an active homeowner association (HOA), it may be worthwhile to check with them (and/or their management company) and/or Rural/Metro about the amount of participation by the other property owners in that subdivision.  Several options may exist.  If there is poor participation you will be paying the normal, full rate for service.  Many people do not realize that Rural/Metro may consider offering a 15% discount on the fee charged if everyone in the subdivision participates.  That can be a very significant amount of money – if everyone pays their bill.

Alternatively, the homeowners’ association may choose to take the steps necessary to take over the responsibility for paying for the fire department fees for all of the properties in their subdivision, and then collect additional fees as HOA dues as necessary to cover this expense.  The net result again is that the homeowner saves a little money because of the group discount and also gains the benefit of knowing that all of the properties are covered.

For individual property owner accounts, here is a direct link to Rural/Metro “NetPay”  online account management page:

http://www.rmfire.com/admin/netpay/default.asp

Another related matter that might be prudent to check on when selecting your new home – and this would be true anywhere in the country – would be the proximity of a water hydrant to the property.  This fact can make a difference in property insurance rates and in the fire fighting capability.  If water has to be brought in trucks – that can sometimes delay the response.  And, if it is a case where Rural/Metro is going to bill you for the service, this could have a significant impact on the cost.

One more issue to at least make mention of would be that this whole topic is not without controversy.  Should these services be provided by the government for the good of all the people?  Should for-profit companies be allowed to make a profit on things like firefighting and life saving?  And, if so, how much?  What role do unions play in this matter?  What are acceptable response times to emergency calls?  Where is the accountability for the service providers? Are there differences in the quality of services and/or the equipment and personnel between the different entities?  What about the insurance companies’ interests in all of this?  What do you do with people that don’t pay for the service?  And, there is rivalry between the fire districts and the private companies and the municipalities.

As recently as May, 2007 a situation arose near Gilbert, Arizona where a residential fire erupted (to include propane tanks exploding) and the home burned to the ground – with an audience of firefighters.  Gilbert has a tax-based fire service and they responded to this fire at about 10:30 pm but they determined en-route that the location was not in their service area.  Upon arrival, after determining that no lives were at risk, they sat and watched the fire burn.

A simultaneous call also went out to the subscription based Fire District (which is contracted to Rural/Metro) and they arrived at 10:50 pm and it took an hour at that point to get the fire under control – but the residence was already gone.

Needless to say, there was much made of this incident and it brought a lot of local politicians, union leaders and residents into quite a face off.  On June 4, 2007, Governor Janet Napolitano allowed a bill to become law that presumably takes care of the loophole in the system that allowed this situation to happen.  But because she felt the bill had serious flaws she elected to just allow it to become law without her signature.

Well, obviously there are some issues with the way fire service is provided in Arizona – but, there are issues in other locations too.  In virtually every part of the country there are ongoing challenges and problems with the provision of fire and rescue services.  It is not uncommon for the majority of the public to be completely unaware of those issues and problems.  Just one example of problems at the other end of the country, on Long Island, New York is described pretty vividly in this newspaper article:  http://www.newsday.com/news/specials/nyf-infire,0,3691882.story.

Well, back to the point of all this discussion.  The point is that our system may be different than you are accustomed to where you are from.  Be aware of the differences and take appropriate action to be informed, prepared, and properly protected.

SPECIAL THANKS

This article was only possible with the tremendous assistance and expertise provided by the following Rural/Metro Fire Department members:

            Anne Marie Braswell, Public Relations Manager

            Heather Talley, Administrative Manager

            Christopher D. Pendleton, Fire Chief

And, with the generous input and expertise from Jeff Piechura, Fire Chief with the Northwest Fire District.

DISCLAIMER

John P. Hale is owner and Designated Broker of Touchstone Residential Realty, Inc., 2485 West Tom Watson Drive, Tucson, Arizona 85745.  He has been a residential real estate agent in the greater Tucson Metropolitan area since 2000.  In addition to being licensed as a Broker rather than a salesperson, John holds the following designations awarded by the National Association of REALTORS^®:  ABR – Accredited Buyer Representative, ASR – Accredited Seller Representative, CRS – Certified Residential Specialist, and GRI – Graduate Realtor Institute.  And, John is among the very few that have been named, MRE – Master of Real Estate by the Arizona Association of Real Estate.