As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 25 5
1997-1998 6
SENATORS WHITE-DRAKE-GAETH-ZALESKI-SHOEMAKER-DiDONATO-CARNES- 8
SCHAFRATH-LATTA-FINAN-LATELL-HAGAN-REPRESENTATIVES CAREY- 9
GARCIA-BRADING-OPFER-LEWIS-PADGETT-VESPER-JOHNSON- 10
HOUSEHOLDER-METZGER-WILSON-SULZER-OGG-STAPLETON 11
13
A B I L L
To enact section 2305.34 of the Revised Code to 15
provide immunity from civil liability for certain 16
nonprofit corporations that own or operate a 17
rural water supply and for regional water and 18
sewer districts in connection with the failure of 19
a hydrant controlled by such a corporation or 20
district to provide sufficient water to suppress 21
a fire. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2305.34 of the Revised Code be 26
enacted to read as follows: 27
Sec. 2305.34. (A) NEITHER A NONPROFIT CORPORATION 29
ORGANIZED UNDER CHAPTER 1702. OF THE REVISED CODE THAT OWNS OR 32
OPERATES A WATER SUPPLY OR WATERWORKS THAT REGULARLY SERVES 33
PERSONS LOCATED OUTSIDE A MUNICIPAL CORPORATION NOR A REGIONAL 34
WATER AND SEWER DISTRICT ORGANIZED UNDER CHAPTER 6119. OF THE 37
REVISED CODE IS LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, 39
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 40
THE FAILURE OF A HYDRANT CONTROLLED BY THE CORPORATION OR 41
DISTRICT TO PROVIDE A SUFFICIENT QUANTITY OF WATER OR SUFFICIENT 42
WATER PRESSURE TO ADEQUATELY SUPPRESS A FIRE OF ANY SIZE, 43
REGARDLESS OF WHETHER THE HYDRANT WAS DESIGNED FOR USE AS A FIRE 44
HYDRANT OR WHETHER A FIRE DEPARTMENT USES THE HYDRANT WITH THE 45
2
PERMISSION OF THE CORPORATION OR DISTRICT. ALL LOW-PRESSURE 46
HYDRANTS IN A MUNICIPAL CORPORATION OR REGIONAL WATER AND SEWER 47
DISTRICT SHALL BE DESIGNATED AS SUCH BY BEING PAINTED A
CONSPICUOUS COLOR DISTINGUISHING LOW-PRESSURE HYDRANTS FROM 48
HIGH-PRESSURE HYDRANTS IN THE MUNICIPAL CORPORATION OR REGIONAL 49
WATER AND SEWER DISTRICT. 50
(B) THIS SECTION DOES NOT CREATE, AND SHALL NOT BE 53
CONSTRUED AS CREATING, A NEW CAUSE OF ACTION AGAINST OR 54
SUBSTANTIVE LEGAL RIGHT AGAINST A NONPROFIT CORPORATION DESCRIBED 55
IN DIVISION (A) OF THIS SECTION OR A REGIONAL WATER AND SEWER 56
DISTRICT.
(C) THIS SECTION DOES NOT AFFECT, AND SHALL NOT BE 59
CONSTRUED AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR 60
DEFENSES ESTABLISHED BY ANY OTHER PROVISIONS OF THE REVISED CODE, 62
INCLUDING, WITHOUT LIMITATION, CHAPTER 2744. OF THE REVISED CODE 65
IN THE CASE OF A REGIONAL WATER AND SEWER DISTRICT, OR ANY 66
IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES AVAILABLE AT COMMON 67
LAW, TO WHICH A NONPROFIT CORPORATION DESCRIBED IN DIVISION (A) 68
OF THIS SECTION OR A REGIONAL WATER AND SEWER DISTRICT MAY BE 69
ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 70
Section 2. Section 2305.34 of the Revised Code, as enacted 72
by this act, applies only to causes of action against nonprofit 73
corporations described in division (A) of that section and 74
regional water and sewer districts organized under Chapter 6119. 75
of the Revised Code for injury, death, or loss to person or 76
property that allegedly arise from an action or omission that 77
occurs on or after the effective date of this act in connection 78
with the use of a hydrant controlled by such a nonprofit 79
corporation or district by a fire department to provide water for 81
fire suppression. With respect to causes of action against such 82
a nonprofit corporation or district occurring prior to the
effective date of this act that have not been barred by a statute 84
of limitations, the liability or immunity from liability of such 85
a corporation or district, and the defenses available to them, 86
3
shall be determined as if section 2305.34 of the Revised Code had 87
not been enacted.