Could a South Carolina volunteer fire department bill homeowners or their insurers for fire response?

Plain-English summary

The Teal's Mill Rural Volunteer Fire Department asked in 2007 whether it could bill a homeowner or a homeowner's insurer after responding to a fire. The Attorney General treated the department as a private charitable organization, even though Chesterfield County collected a separate fee from area residents and passed that funding to the department. It found no state law specifically prohibiting a private charity from charging for its services.

The opinion said the department's board could contract with residents for a fire response fee, assuming its bylaws allowed that action and it did not conflict with state law. The AG gave a separate answer about insurance: whether the homeowner's insurer had to pay any amount owed was a contractual question governed by the homeowner's policy. The opinion did not interpret a particular policy or say an insurer had to pay merely because the department sent it a bill.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Volunteer fire departments

The AG's answer depended on Teal's Mill being a private charitable organization governed by a board and bylaws. County funding alone did not make it a county agency on the facts provided. The office said a resident fee could be set by contract if the department's governing documents and state law permitted it.

Homeowners and insurers

The AG did not equate a bill to an insurer with an insurer's obligation to pay. The insurance question depended on the contract between the homeowner and the insurer.

Common questions

Could Teal's Mill charge an uninsured homeowner for responding to a fire?
The AG said its board could contract with residents for a response fee if its bylaws did not prohibit it and the arrangement complied with state law.

Did county funding make Teal's Mill a county fire agency?
No on the facts presented. The opinion described it as a private charitable organization receiving county-collected funding.

Did an insurance company have to pay a bill sent by the department?
The opinion did not decide that. It said payment depended on the homeowner's insurance policy.

Background and statutory framework

The county collected a fee from residents in the area Teal's Mill served and remitted it annually. The AG understood the department to have its own board of directors and to be registered as a private charity. Those facts framed the office's discussion of contractual fees and insurance coverage.

Citations and references

• The opinion identified no state-law provision specifically barring a private charitable organization from charging for its services.
• It treated insurer responsibility as a question under the homeowner's policy.

Official title

Regarding Teal’s Mill Rural Volunteer Fire Department’s ability to charge a fee to homeowners or their insurance companies for responding to a fire.

Requester

R. P. Presson, Chief, Teal’s Mill V.F.D.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-16-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/presson-r-p-5-16-07-os-8376-volunteer-fire-dept-charge-fee-to-homeowner-or-insurance.pdf

Original opinion text

May 16, 2007

R. P. Presson , Chief
Teal’s Mill V.F.D.
50085 Teal’s Mill Road
Chesterfield, South Carolina 29709
Dear Chief Presson:
From your letter to Attorney General Henry McMaster we understand you seek an opinion regarding Teal’s Mill Rural Volunteer Fire Department’s (the “Teal’s Mill’s”) ability to charge a fee to homeowners or their insurance companies for responding to a fire. Specifically, you ask: “Can the Teal’s Mill V.F.D send a bill to the homeowner’s insurance company?” In addition, you ask: “Can the Teal’s Mill V.F.D. send a bill to the homeowner if the homeowner does not have insurance?” Law/Analysis In speaking with a representative of Chesterfield County (the “County”), Teal’s Mill is not a county agency, but rather is a private charitable organization registered with the South Carolina Secretary of State. In our conversations with you, you indicated Teal’s Mill is governed by a Board of Directors. In addition, you informed us that Teal’s Mill receives funding from the County by way of a fee charged to the residents of the County residing in the area served by Teal’s Mill. According to you, this fee is collected by the County and remitted to Teal’s Mill on an annual basis. Although Teal’s Mill receives funding from the County, from the information available to us, we believe Teal’s Mill is a private organization presumably governed by its bylaws. Thus, presuming Teal’s Mill’s Board of Directors acts within the scope of its bylaws and not in contravention of State law, we presume its actions are valid. We find no provision under State law specifically prohibiting a private charitable organization from charging a fee for its services. Therefore, assuming Teal’s Mill’s bylaws do not prohibit such action, its Board of Directors may contract with residents to charge a fee for responding to fires at their homes.

Chief Presson
Page 2
May 16, 2007
Furthermore, you ask whether this charge may be billed to the resident’s homeowners insurance. The extent to which the insurance provider is responsible to pay amounts owed by a resident under these circumstances is a contractual matter between the homeowner and the insurance provider that must be determined in accordance with the homeowner’s policy. Very truly yours, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Cydney M. Milling
Assistant Attorney General