As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 25  5            

      1997-1998                                                    6            


               SENATORS WHITE-DRAKE-GAETH-ZALESKI                  8            


                                                                   10           

                           A   B I L L                                          

             To enact section 2305.34 of the Revised Code to       12           

                provide immunity from civil liability for certain  13           

                nonprofit corporations that own or operate a       14           

                rural water supply and for regional water and                   

                sewer districts in connection with the failure of  15           

                a hydrant controlled by such a corporation or      16           

                district to provide sufficient water to suppress   17           

                a fire.                                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 2305.34 of the Revised Code be      21           

enacted to read as follows:                                        22           

      Sec. 2305.34.  NEITHER A NONPROFIT CORPORATION ORGANIZED     25           

UNDER CHAPTER 1702. OF THE REVISED CODE THAT OWNS OR OPERATES A    27           

WATER SUPPLY OR WATERWORKS THAT REGULARLY SERVES PERSONS LOCATED   28           

OUTSIDE A MUNICIPAL CORPORATION NOR A REGIONAL WATER AND SEWER     29           

DISTRICT ORGANIZED UNDER CHAPTER 6119. OF THE REVISED CODE IS      33           

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  34           

PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE FAILURE OF A     35           

HYDRANT CONTROLLED BY THE CORPORATION OR DISTRICT TO PROVIDE A     36           

SUFFICIENT QUANTITY OF WATER OR SUFFICIENT WATER PRESSURE TO       37           

ADEQUATELY SUPPRESS A FIRE OF ANY SIZE, REGARDLESS OF WHETHER THE  38           

HYDRANT WAS DESIGNED FOR USE AS A FIRE HYDRANT OR WHETHER A FIRE   39           

DEPARTMENT USES THE HYDRANT WITH THE PERMISSION OF THE             40           

CORPORATION OR DISTRICT.                                           41