SENATORS Hottinger, Coughlin, Blessing

To amend sections 9.60, 146.01, 146.12, 3737.03,

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3737.81, and 4765.49 and to enact section 124.139

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of the Revised Code to provide limited civil

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immunity for Ohio Fire Academy instructors, to

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provide that the State Fire Marshal's Office is a

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fire department for purposes of allowing a

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qualified team from the Ohio Fire Academy to

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assist with local fire suppression and

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emergencies, to provide for paid leave for service

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as a volunteer firefighter or emergency medical

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services worker, to increase the benefits to

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survivors of volunteer firefighters, and to

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statutorily authorize the State Fire Commission's

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maintenance of the Ohio Fire Services Hall of Fame

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and the payment of associated recognition and

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commemoration expenses with state moneys.

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

Section 1. That sections 9.60, 146.01, 146.12, 3737.03,	17
3737.81, and 4765.49 be amended and section 124.139 of the Revised	18
Code be enacted to read as follows:	19

Sec. 9.60.  (A) As used in this section:

20

(1) "Emergency medical service" and "emergency medical	21
service organization" have the same meanings as in section 4765.01	22
of the Revised Code.	23

(2) "Fire protection" means the use of firefighting equipment	24
by the fire department of a firefighting agency or a private fire	25
company, and includes the provision of ambulance, emergency	26
medical, and rescue services by those entities.	27

(3) "Firefighting agency" means a municipal corporation,	28
township, township fire district, joint ambulance district, joint	29
emergency medical services district, or joint fire district and	30
the office of the state fire marshal.	31

(4) "Private fire company" means a nonprofit group or	32
organization owning and operating firefighting equipment not	33
controlled by a firefighting agency.	34

(B) Any firefighting agency, private fire company, or public	35
or private emergency medical service organization may contract	36
with any governmental entity in this state or another jurisdiction	37
to provide fire protection or emergency medical services, as	38
appropriate, whether on a regular basis or only in times of	39
emergency, upon the approval of the governing boards or	40
administrative heads of the entities that are parties to the	41
contract.	42

(C) Any governmental entity in this state may contract with	43
any firefighting agency, private fire company, or public or	44
private emergency medical service organization of this state or	45
another jurisdiction to obtain fire protection or emergency	46
medical services, as appropriate, whether on a regular basis or	47
only in times of emergency, upon the approval of the governing	48
boards or administrative heads of the entities that are parties to	49
the contract.	50

(D) Any firefighting agency, private fire company, or public	51
or private emergency medical service organization may provide fire	52
protection or emergency medical services, as appropriate, to any	53
governmental entity in this state or another jurisdiction, without	54
a contract to provide fire protection or emergency medical	55
services, upon the approval of the governing board of the agency,	56
company, or organization and upon authorization by an officer or	57
employee of the agency, company, or organization designated by	58
that individual's title, office, or position pursuant to the	59
authorization of the governing board of the agency, company, or	60
organization.	61

(E) Chapter 2744. of the Revised Code, insofar as it is	62
applicable to the operation of fire departments or emergency	63
medical service organizations, applies to a political subdivision	64
that is operating a fire department or emergency medical service	65
organization, and to the members of the fire department or	66
emergency medical service organization, when the members are	67
rendering service pursuant to this section outside the boundaries	68
of the political subdivision.	69

Members acting outside the boundaries of the political	70
subdivision that is operating the fire department or emergency	71
medical service organization may participate in any pension or	72
indemnity fund established by the political subdivision to the	73
same extent as while acting within the boundaries of the political	74
subdivision, and are entitled to all the rights and benefits of	75
Chapter 4123. of the Revised Code, to the same extent as while	76
performing service within the boundaries of the political	77
subdivision.	78

(F) A private fire company or private, nonprofit emergency	79
medical service organization providing service pursuant to this	80
section to a governmental entity in this state or another	81
jurisdiction has the same immunities and defenses in a civil	82
action that a political subdivision has under section 2744.02 of	83
the Revised Code. The employees of such a fire company or	84
emergency medical service organization have the same immunities	85
and defenses in a civil action that employees of a political	86
subdivision have under section 2744.03 of the Revised Code.	87

Sec. 124.139. (A) As used in this section:

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(1) "Emergency medical service," "EMT-basic," "EMT-I," "first	89
responder," and "paramedic" have the same meanings as in section	90
4765.01 of the Revised Code.	91

(2) "Volunteer firefighter" has the same meaning as in	92
section 146.01 of the Revised Code.	93

(B) A state employee who is an EMT-basic, EMT-I, first	94
responder, paramedic, or volunteer firefighter shall receive forty	95
hours of leave with pay each calendar year to use during those	96
hours when the employee is absent from work in order to provide	97
emergency medical service or fire-fighting service. An appointing	98
authority shall compensate an employee who uses leave granted	99
under this section at the employee's regular rate of pay for those	100
regular work hours during which the employee is absent from work.	101

Sec. 146.01.  As used in sections 146.01 to 146.19 of the	102
Revised Code:	103

(A) "Fire department" means a volunteer fire department, a	104
fire department of a political subdivision or fire district of	105
this state, or a private volunteer company that has elected to	106
participate in the volunteer fire fighters' dependents fund	107
pursuant to section 146.02 of the Revised Code.	108

(B)(1) "Volunteer firefighter" means both of the following,	109
subject to division (B)(2) of this section:	110

(a) A duly appointed member of a fire department on either a	111
nonpay or part-pay basis who is ineligible to be a member of the	112
Ohio police and fire pension fund, or whose employment as a	113
firefighter does not in itself qualify any such person for	114
membership in the public employees retirement system, or who has	115
waived membership in the public employees retirement system;	116

(b) Firefighters drafted, requisitioned, or appointed to	117
serve in an emergency.	118

(2)(a) A volunteer firefighter who is a member of the public	119
employees retirement system shall be considered a volunteer	120
firefighter for purposes of this chapter, and in particular, for	121
purposes of divisions (A) and (B) of section 146.12 of the Revised	122
Code until the firefighter has at least one and one-half years of	123
Ohio service credit for purposes of division (B) of section 145.45	124
of the Revised Code;	125

(b) A volunteer firefighter who is a member of the public	126
employees retirement system shall be considered a volunteer	127
firefighter for purposes of this chapter and, in particular, for	128
purposes of division (C) of section 146.12 of the Revised Code	129
until the firefighter has at least five years of total service	130
credit for purposes of sections 145.35 and 145.36 or section	131
145.361 of the Revised Code.	132

(C) "Private volunteer fire company" means a company of	133
trained volunteer firefighters having a contract to furnish fire	134
protection or emergency service or both to a political subdivision	135
or fire district of this state.	136

(D) "Member of the fund" includes a political subdivision or	137
fire district of this state that maintains in whole or in part a	138
volunteer fire department or employs volunteer firefighters, and a	139
private volunteer fire company that has elected to participate in	140
the volunteer fire fighters' dependents fund.	141

(E) "Dependent" means the surviving spouse or child under	142
eighteen years of age of a volunteer firefighter regardless of	143
financial status.	144

(F) "Volunteer fire fighters' dependents fund" means the fund	145
established by section 146.07 of the Revised Code.	146

(G) "Totally and permanently disabled" means that a volunteer	147
firefighter is unable to engage in any substantial gainful	148
employment for a period of not less than twelve months by reason	149
of a medically determinable physical impairment that is permanent	150
or presumed to be permanent.	151

Sec. 146.12.  Benefits shall be paid from the volunteer fire	152
fighters' dependents fund to or on behalf of the following	153
persons:	154

(A) To the surviving spouse of a volunteer fire fighter	155
firefighter killed while discharging the duties of a volunteer	156
fire fighter firefighter or who dies from exposure or injury	157
received while in the discharge of such those duties, a lump sum	158
award of one thousand dollars, and, in addition, the sum of two	159
three hundred dollars per month so long as the surviving spouse	160
does not remarry;	161

(B) To the parent, guardian, or other persons upon whom a	162
child of a volunteer fire fighter firefighter is dependent for	163
chief support, the sum of sixty-five one hundred twenty-five	164
dollars per month for each dependent child of such volunteer fire	165
fighter. Such payments shall continue until the dependent child	166
is eighteen years old under eighteen years of age, or under	167
twenty-three years of age if the child is attending a	168
post-secondary educational institution designed to complete in	169
each school year the equivalent of at least two-thirds of the	170
full-time curriculum requirements of the institution.	171

(C) To a volunteer fire fighter firefighter, totally and	172
permanently disabled while discharging the duties of a volunteer	173
fire fighter firefighter, the sum of two hundred dollars per	174
month. No payment shall be made to a volunteer fire fighter	175
firefighter under full salary during the time of his the volunteer	176
firefighter's disability.	177

Sec. 3737.03.  The state fire commission may do all of the	178
following:	179

(A) Conduct research, make and publish reports on fire	180
safety, and recommend to the governor, the general assembly, the	181
board of building standards, and other state agencies, any needed	182
changes in the laws, rules, or administrative policies relating to	183
fire safety;	184

(B) Recommend revisions in the rules included in the state	185
fire code adopted by the fire marshal. The recommendations may	186
propose the adoption of new rules or the amendment or repeal of	187
existing rules. The commission shall file its recommendations in	188
the office of the fire marshal, and, within sixty days after the	189
recommendations are filed, the fire marshal shall file with the	190
chairman chairperson of the commission his the fire marshal's	191
comments on, and proposed action in response to, the	192
recommendations.	193

(C) Maintain the Ohio fire service hall of fame to recognize	194
and commemorate exemplary accomplishments and acts of heroism by	195
firefighters and other persons at fire-related incidents or	196
similar events occurring in the state. The commission may adopt	197
criteria and guidelines for selecting individuals for that	198
recognition and commemoration. The recognition and commeroration	199
of individuals may occur annually and include an annual awards	200
ceremony in conjunction with a banquet or dinner hosted by the	201
commission with the assistance of the fire marshal. The expenses	202
associated with the recognition and commemoration of individuals	203
shall be paid in accordance with division (F) of section 3737.81	204
of the Revised Code.	205

Sec. 3737.81.  (A) There is hereby created the state fire	206
commission consisting of ten members to be appointed by the	207
governor with the advice and consent of the senate. The fire	208
marshal or his fire marshal's chief deputy, a representative	209
designated by the department of public safety who has tenure in	210
fire suppression, and a representative designated by the board of	211
building standards shall be ex officio members. Of the initial	212
appointments made to the commission, two shall be for a term	213
ending one year after the effective date of this section November	214
1, 1978, two shall be for a term ending two years after that date,	215
two shall be for a term ending three years after that date, two	216
shall be for a term ending four years after that date, and two	217
shall be for a term ending five years after that date. Thereafter,	218
terms of office shall be for five years, each term ending on the	219
same day of the same month of the year as did the term which it	220
succeeds. Each member shall hold office from the date of his	221
appointment until the end of the term for which he the member was	222
appointed. Any member appointed to fill a vacancy occurring prior	223
to the expiration of the term for which his the member's	224
predecessor was appointed shall hold office for the remainder of	225
such that term. Any member shall continue in office subsequent to	226
the expiration date of his the member's term until his a successor	227
takes office, or until a period of sixty days has elapsed,	228
whichever occurs first. Members shall be qualified by experience	229
and training to deal with the matters that are the responsibility	230
of the commission. Two members shall be members of paid fire	231
services, one shall be a member of volunteer fire services, two	232
shall be mayors, managers, or members of legislative authorities	233
of municipalities municipal corporations, one shall represent	234
commerce and industry, one shall be a representative of a fire	235
insurance company domiciled in this state, one shall represent the	236
flammable liquids industry, one shall represent the construction	237
industry, and one shall represent the public. At no time shall	238
more than six members be members of or associated with the same	239
political party. Membership on the commission shall not	240
constitute holding a public office, and no person shall forfeit or	241
otherwise vacate his the person's office or position of employment	242
because of membership on the commission.	243

(B) The ex officio members may not vote, except that the	244
fire marshal or his fire marshal's chief deputy may vote in case	245
of a tie.	246

(C) Each member of the commission, other than ex officio	247
members, shall be paid an amount equal to that payable under pay	248
range 32 (S)(D) fixed pursuant to division (J) of section 124.15	249
of the Revised Code, and his the member's actual and necessary	250
expenses.	251

(D) The commission shall select a chairman chairperson and a	252
vice-chairman vice-chairperson from among its members. No	253
business may be transacted in the absence of a quorum. A quorum	254
shall be at least six members, excluding ex officio members, and	255
shall include either the chairman chairperson or vice-chairman	256
vice-chairperson. The commission shall hold regular meetings at	257
least once every two months and may meet at any other time at the	258
call of the chairman chairperson.	259

(E) The fire marshal shall provide the commission with	260
office space, meeting rooms, staff, and clerical assistance	261
necessary for the commission to perform its duties. If the	262
commission maintains the Ohio fire service hall of fame under	263
division (C) of section 3737.03 of the Revised Code, the fire	264
marshal shall preserve, in an appropriate manner, in the office	265
space or meeting rooms provided to the commission under this	266
division or in another location, copies of all official	267
commendations awarded to individuals recognized and commemorated	268
for their exemplary accomplishments and acts of heroism at	269
fire-related incidents or similar events that occurred in this	270
state.	271

(F) If the commission maintains the Ohio fire service hall	272
of fame under division (C) of section 3737.03 of the Revised Code,	273
the expenses incurred for the recognition and commemoration of	274
individuals for their exemplary accomplishments and acts of	275
heroism at fire-related incidents or similar events that occurred	276
in this state, including, but not limited to, expenses for	277
official commendations and an annual awards ceremony and	278
associated banquet or dinner as described in division (C) of	279
section 3737.03 of the Revised Code, may be paid from moneys	280
appropriated by the general assembly for purposes of that	281
recognition and commemoration, from moneys that are available to	282
the fire marshal under this chapter and that may be used for	283
purposes of that recognition and commemoration, or from other	284
funding sources available to the commission.	285

Sec. 4765.49.  (A) A first responder, emergency medical	286
technician-basic, emergency medical technician-intermediate, or	287
emergency medical technician-paramedic is not liable in damages in	288
a civil action for injury, death, or loss to person or property	289
resulting from the individual's administration of emergency	290
medical services, unless the services are administered in a manner	291
that constitutes willful or wanton misconduct. A physician or	292
registered nurse designated by a physician, who is advising or	293
assisting in the emergency medical services by means of any	294
communication device or telemetering system, is not liable in	295
damages in a civil action for injury, death, or loss to person or	296
property resulting from the individual's advisory communication or	297
assistance, unless the advisory communication or assistance is	298
provided in a manner that constitutes willful or wanton	299
misconduct. Medical directors and members of cooperating	300
physician advisory boards of emergency medical service	301
organizations are not liable in damages in a civil action for	302
injury, death, or loss to person or property resulting from their	303
acts or omissions in the performance of their duties, unless the	304
act or omission constitutes willful or wanton misconduct.	305

(B) A political subdivision, joint ambulance district, joint	306
emergency medical services district, or other public agency, and	307
any officer or employee of a public agency or of a private	308
organization operating under contract or in joint agreement with	309
one or more political subdivisions, that provides emergency	310
medical services, or that enters into a joint agreement or a	311
contract with the state, any political subdivision, joint	312
ambulance district, or joint emergency medical services district	313
for the provision of emergency medical services, is not liable in	314
damages in a civil action for injury, death, or loss to person or	315
property arising out of any actions taken by a first responder,	316
EMT-basic, EMT-I, or paramedic working under the officer's or	317
employee's jurisdiction, or for injury, death, or loss to person	318
or property arising out of any actions of licensed medical	319
personnel advising or assisting the first responder, EMT-basic,	320
EMT-I, or paramedic, unless the services are provided in a manner	321
that constitutes willful or wanton misconduct.	322

(C) A student who is enrolled in an emergency medical	323
services training program accredited under section 4765.17 of the	324
Revised Code or an emergency medical services continuing education	325
program approved under that section is not liable in damages in a	326
civil action for injury, death, or loss to person or property	327
resulting from either of the following:	328

(1) The student's administration of emergency medical	329
services or patient care or treatment, if the services, care, or	330
treatment is administered while the student is under the direct	331
supervision and in the immediate presence of an EMT-basic, EMT-I,	332
paramedic, registered nurse, or physician and while the student is	333
receiving clinical training that is required by the program,	334
unless the services, care, or treatment is provided in a manner	335
that constitutes willful or wanton misconduct;	336

(2) The student's training as an ambulance driver, unless	337
the driving is done in a manner that constitutes willful or wanton	338
misconduct.	339

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	340
holds a valid commercial driver's license issued pursuant to	341
Chapter 4506. of the Revised Code or driver's license issued	342
pursuant to Chapter 4507. of the Revised Code and who is employed	343
by an emergency medical service organization that is not owned or	344
operated by a political subdivision as defined in section 2744.01	345
of the Revised Code, is not liable in damages in a civil action	346
for injury, death, or loss to person or property that is caused by	347
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	348
or other operator while responding to or completing a call for	349
emergency medical services, unless the operation constitutes	350
willful or wanton misconduct or does not comply with the	351
precautions of section 4511.03 of the Revised Code. An emergency	352
medical service organization is not liable in damages in a civil	353
action for any injury, death, or loss to person or property that	354
is caused by the operation of an ambulance by its employee or	355
agent, if this division grants the employee or agent immunity from	356
civil liability for the injury, death, or loss.	357

(E) An employee or agent of an emergency medical service	358
organization who receives requests for emergency medical services	359
that are directed to the organization, dispatches first	360
responders, EMTs-basic, EMTs-I, or paramedics in response to such	361
those requests, communicates such those requests to those	362
employees or agents of the organization who are authorized to	363
dispatch first responders, EMTs-basic, EMTs-I, or paramedics, or	364
performs any combination of these functions for the organization,	365
is not liable in damages in a civil action for injury, death, or	366
loss to person or property resulting from the individual's acts or	367
omissions in the performance of those duties for the organization,	368
unless an act or omission constitutes willful or wanton	369
misconduct.	370

(F) A person who is performing the functions of a first	371
responder, EMT-basic, EMT-I, or paramedic under the authority of	372
the laws of a state that borders this state and who provides	373
emergency medical services to or transportation of a patient in	374
this state is not liable in damages in a civil action for injury,	375
death, or loss to person or property resulting from the person's	376
administration of emergency medical services, unless the services	377
are administered in a manner that constitutes willful or wanton	378
misconduct. A physician or registered nurse designated by a	379
physician, who is licensed to practice in the adjoining state and	380
who is advising or assisting in the emergency medical services by	381
means of any communication device or telemetering system is not	382
liable in damages in a civil action for injury, death, or loss to	383
person or property resulting from the person's advisory	384
communication or assistance, unless the advisory communication or	385
assistance is provided in a manner that constitutes willful or	386
wanton misconduct.	387

(G) A person certified under section 4765.23 of the Revised	388
Code to teach in an emergency medical services training program or	389
emergency medical services continuing education program, and a	390
person who teaches at the Ohio fire academy established under	391
section 3737.33 of the Revised Code or in a fire service training	392
program described in division (B) of section 4765.55 of the	393
Revised Code, is not liable in damages in a civil action for	394
injury, death, or loss to person or property resulting from the	395
person's acts or omissions in the performance of the person's	396
duties, unless an act or omission constitutes willful or wanton	397
misconduct.	398

(H) In the accreditation of emergency medical services	399
training programs or approval of emergency medical services	400
continuing education programs, the state board of emergency	401
medical services and any person or entity authorized by the board	402
to evaluate applications for accreditation or approval are not	403
liable in damages in a civil action for injury, death, or loss to	404
person or property resulting from their acts or omissions in the	405
performance of their duties, unless an act or omission constitutes	406
willful or wanton misconduct.	407

(I) A person authorized by an emergency medical service	408
organization to review the performance of first responders,	409
EMTs-basic, EMTs-I, and paramedics or to administer quality	410
assurance programs is not liable in damages in a civil action for	411
injury, death, or loss to person or property resulting from the	412
person's acts or omissions in the performance of the person's	413
duties, unless an act or omission constitutes willful or wanton	414
misconduct.	415

Section 2. That existing sections 9.60, 146.01, 146.12,	416
3737.03, 3737.81, and 4765.49 of the Revised Code are hereby	417
repealed.	418

Section 3. This act shall be known as the "Fire Marshal	419
Modernization Act."	420