As Reported by the Senate Agriculture Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 25 5
1997-1998 6
SENATORS WHITE-DRAKE-GAETH-ZALESKI-SHOEMAKER-DiDONATO- 8
CARNES-SCHAFRATH-LATTA 9
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. (A) NEITHER A NONPROFIT CORPORATION 24
ORGANIZED UNDER CHAPTER 1702. OF THE REVISED CODE THAT OWNS OR 27
OPERATES A WATER SUPPLY OR WATERWORKS THAT REGULARLY SERVES 28
PERSONS LOCATED OUTSIDE A MUNICIPAL CORPORATION NOR A REGIONAL 29
WATER AND SEWER DISTRICT ORGANIZED UNDER CHAPTER 6119. OF THE 32
REVISED CODE IS LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 34
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 35
THE FAILURE OF A HYDRANT CONTROLLED BY THE CORPORATION OR 36
DISTRICT TO PROVIDE A SUFFICIENT QUANTITY OF WATER OR SUFFICIENT 37
WATER PRESSURE TO ADEQUATELY SUPPRESS A FIRE OF ANY SIZE, 38
REGARDLESS OF WHETHER THE HYDRANT WAS DESIGNED FOR USE AS A FIRE 39
HYDRANT OR WHETHER A FIRE DEPARTMENT USES THE HYDRANT WITH THE 40
PERMISSION OF THE CORPORATION OR DISTRICT. 41
(B) THIS SECTION DOES NOT CREATE, AND SHALL NOT BE 44
2
CONSTRUED AS CREATING, A NEW CAUSE OF ACTION AGAINST OR 45
SUBSTANTIVE LEGAL RIGHT AGAINST A NONPROFIT CORPORATION DESCRIBED 46
IN DIVISION (A) OF THIS SECTION OR A REGIONAL WATER AND SEWER 47
DISTRICT.
(C) THIS SECTION DOES NOT AFFECT, AND SHALL NOT BE 50
CONSTRUED AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR 51
DEFENSES ESTABLISHED BY ANY OTHER PROVISIONS OF THE REVISED CODE, 53
INCLUDING, WITHOUT LIMITATION, CHAPTER 2744. OF THE REVISED CODE 56
IN THE CASE OF A REGIONAL WATER AND SEWER DISTRICT, OR ANY 57
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES AVAILABLE AT COMMON 58
LAW, TO WHICH A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) 59
OF THIS SECTION OR A REGIONAL WATER AND SEWER DISTRICT MAY BE 60
ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 61
Section 2. Section 2305.34 of the Revised Code, as enacted 63
by this act, applies only to causes of action against nonprofit 64
corporations described in division (A) of that section and 65
regional water and sewer districts organized under Chapter 6119. 66
of the Revised Code for injury, death, or loss to person or 67
property that allegedly arise from an action or omission that 68
occurs on or after the effective date of this act in connection 69
with the use of a hydrant controlled by such a nonprofit 70
corporation or district by a fire department to provide water for 72
fire suppression. With respect to causes of action against such 73
a nonprofit corporation or district occurring prior to the
effective date of this act that have not been barred by a statute 75
of limitations, the liability or immunity from liability of such 76
a corporation or district, and the defenses available to them, 77
shall be determined as if section 2305.34 of the Revised Code had 78
not been enacted.