As Passed by the Senate 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-FINAN-LATELL-HAGAN 9
11
A B I L L
To enact section 2305.34 of the Revised Code to 13
provide immunity from civil liability for certain 14
nonprofit corporations that own or operate a 15
rural water supply and for regional water and
sewer districts in connection with the failure of 16
a hydrant controlled by such a corporation or 17
district to provide sufficient water to suppress 18
a fire.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 2305.34 of the Revised Code be 22
enacted to read as follows: 23
Sec. 2305.34. (A) NEITHER A NONPROFIT CORPORATION 25
ORGANIZED UNDER CHAPTER 1702. OF THE REVISED CODE THAT OWNS OR 28
OPERATES A WATER SUPPLY OR WATERWORKS THAT REGULARLY SERVES 29
PERSONS LOCATED OUTSIDE A MUNICIPAL CORPORATION NOR A REGIONAL 30
WATER AND SEWER DISTRICT ORGANIZED UNDER CHAPTER 6119. OF THE 33
REVISED CODE IS LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 35
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 36
THE FAILURE OF A HYDRANT CONTROLLED BY THE CORPORATION OR 37
DISTRICT TO PROVIDE A SUFFICIENT QUANTITY OF WATER OR SUFFICIENT 38
WATER PRESSURE TO ADEQUATELY SUPPRESS A FIRE OF ANY SIZE, 39
REGARDLESS OF WHETHER THE HYDRANT WAS DESIGNED FOR USE AS A FIRE 40
HYDRANT OR WHETHER A FIRE DEPARTMENT USES THE HYDRANT WITH THE 41
PERMISSION OF THE CORPORATION OR DISTRICT. 42
(B) THIS SECTION DOES NOT CREATE, AND SHALL NOT BE 45
2
CONSTRUED AS CREATING, A NEW CAUSE OF ACTION AGAINST OR 46
SUBSTANTIVE LEGAL RIGHT AGAINST A NONPROFIT CORPORATION DESCRIBED 47
IN DIVISION (A) OF THIS SECTION OR A REGIONAL WATER AND SEWER 48
DISTRICT.
(C) THIS SECTION DOES NOT AFFECT, AND SHALL NOT BE 51
CONSTRUED AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR 52
DEFENSES ESTABLISHED BY ANY OTHER PROVISIONS OF THE REVISED CODE, 54
INCLUDING, WITHOUT LIMITATION, CHAPTER 2744. OF THE REVISED CODE 57
IN THE CASE OF A REGIONAL WATER AND SEWER DISTRICT, OR ANY 58
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES AVAILABLE AT COMMON 59
LAW, TO WHICH A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) 60
OF THIS SECTION OR A REGIONAL WATER AND SEWER DISTRICT MAY BE 61
ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 62
Section 2. Section 2305.34 of the Revised Code, as enacted 64
by this act, applies only to causes of action against nonprofit 65
corporations described in division (A) of that section and 66
regional water and sewer districts organized under Chapter 6119. 67
of the Revised Code for injury, death, or loss to person or 68
property that allegedly arise from an action or omission that 69
occurs on or after the effective date of this act in connection 70
with the use of a hydrant controlled by such a nonprofit 71
corporation or district by a fire department to provide water for 73
fire suppression. With respect to causes of action against such 74
a nonprofit corporation or district occurring prior to the
effective date of this act that have not been barred by a statute 76
of limitations, the liability or immunity from liability of such 77
a corporation or district, and the defenses available to them, 78
shall be determined as if section 2305.34 of the Revised Code had 79
not been enacted.