REPRESENTATIVES Flowers, Schaffer, Carmichael, Reidelbach, Young, Schmidt, Kearns, Otterman, Hagan, Carey, Setzer, Rhine, Flannery, Clancy, Wilson, Niehaus, Coates, Cirelli, Evans, Perry, Latell, Sferra, Carano, D. Miller, Widowfield, Hughes, Olman, Fessler, Hollister, Damschroder, Salerno, Wolpert, Brown, Barrett, DeBose, Key, Willamowski

To amend sections 9.60, 146.01, 146.12, 2743.02,

1

2909.01, 2921.22, 3737.01, 3737.03, 3737.16,

2

3737.21, 3737.22, 3737.26, 3737.27, 3737.28,

3

3737.42, 3737.43, 3737.45, 3737.81, and 4765.49

4

and to enact sections 124.1310 and 3737.221 of the

5

Revised Code to revise the laws governing the

6

state's waiver of immunity, to provide certain

7

limited civil immunity for the State Fire Marshal's

8

Office and certain employees of the State Fire

9

Marshal, to provide that the State Fire Marshal's

10

Office is a fire department for purposes of

11

allowing it to assist with local fire suppression

12

and emergencies, to allow the State Fire Marshal's

13

Office, townships, and municipal corporations to

14

appeal a decision of the State Board of Building

15

Appeals to the court of common pleas, to otherwise

16

revise the laws governing the State Fire Marshal's

17

Office, to provide for paid leave for service as a

18

volunteer firefighter or emergency medical services

19

worker, to make changes to the law governing the

20

Volunteer Fire Fighters' Dependents Fund, and to

21

statutorily authorize the State Fire Commission's

22

maintenance of the Ohio Fire Services Hall of Fame.

23

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

Section 1. That sections 9.60, 146.01, 146.12, 2743.02,	24
2909.01, 2921.22, 3737.01, 3737.03, 3737.16, 3737.21, 3737.22,	25
3737.26, 3737.27, 3737.28, 3737.42, 3737.43, 3737.45, 3737.81, and	26
4765.49 be amended and sections 124.1310 and 3737.221 of the	27
Revised Code be enacted to read as follows:	28

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

29

(1) "Emergency medical service" and "emergency medical	30
service organization" have the same meanings as in section 4765.01	31
of the Revised Code.	32

(2) "Fire protection" means the use of firefighting equipment	33
by the fire department of a firefighting agency or a private fire	34
company, and includes the provision of ambulance, emergency	35
medical, and rescue services by those entities.	36

(3) "Firefighting agency" means a municipal corporation,	37
township, township fire district, joint ambulance district, joint	38
emergency medical services district, or joint fire district and	39
the office of the state fire marshal.	40

(4) "Motor vehicle" has the same meaning as in section	41
4511.01 of the Revised Code.	42

(5) "Private fire company" means a nonprofit group or	43
organization owning and operating firefighting equipment not	44
controlled by a firefighting agency.	45

(B) Any firefighting agency, private fire company, or public	46
or private emergency medical service organization may contract	47
with any governmental entity in this state or another jurisdiction	48
to provide fire protection or emergency medical services, as	49
appropriate, whether on a regular basis or only in times of	50
emergency, upon the approval of the governing boards or	51
administrative heads of the entities that are parties to the	52
contract.	53

(C) Any governmental entity in this state may contract with	54
any firefighting agency, private fire company, or public or	55
private emergency medical service organization of this state or	56
another jurisdiction to obtain fire protection or emergency	57
medical services, as appropriate, whether on a regular basis or	58
only in times of emergency, upon the approval of the governing	59
boards or administrative heads of the entities that are parties to	60
the contract.	61

(D)(1) Any firefighting agency other than the office of the	62
state fire marshal, private fire company, or public or private	63
emergency medical service organization may provide fire protection	64
or emergency medical services, as appropriate, to any governmental	65
entity in this state or another jurisdiction, without a contract	66
to provide fire protection or emergency medical services, upon the	67
approval of the governing board of the agency, company, or	68
organization and upon authorization by an officer or employee of	69
the agency, company, or organization designated by that	70
individual's title, office, or position pursuant to the	71
authorization of the governing board of the agency, company, or	72
organization.	73

(2) The office of the state fire marshal may provide fire	74
protection or emergency medical services, as appropriate, to any	75
governmental entity, firefighting agency, private fire company, or	76
emergency medical service organization in this state or another	77
jurisdiction, without a contract to provide fire protection or	78
emergency medical services, upon the authorization of the state	79
fire marshal.	80

(E) Chapter 2744. of the Revised Code, insofar as it is	81
applicable to the operation of fire departments or emergency	82
medical service organizations, applies to a political subdivision	83
that is operating a fire department or emergency medical service	84
organization, and to the members of the fire department or	85
emergency medical service organization, when the members are	86
rendering service pursuant to this section outside the boundaries	87
of the political subdivision.	88

Members acting outside the boundaries of the political	89
subdivision that is operating the fire department or emergency	90
medical service organization may participate in any pension or	91
indemnity fund established by the political subdivision to the	92
same extent as while acting within the boundaries of the political	93
subdivision, and are entitled to all the rights and benefits of	94
Chapter 4123. of the Revised Code, to the same extent as while	95
performing service within the boundaries of the political	96
subdivision.	97

(F) A private fire company or private, nonprofit emergency	98
medical service organization providing service pursuant to this	99
section to a governmental entity in this state or another	100
jurisdiction has the same immunities and defenses in a civil	101
action that a political subdivision has under section 2744.02 of	102
the Revised Code. The employees of such a fire company or	103
emergency medical service organization have the same immunities	104
and defenses in a civil action that employees of a political	105
subdivision have under section 2744.03 of the Revised Code.	106

(G)(1) The office of the state fire marshal, when providing	107
services pursuant to this section, is liable for injury, death, or	108
loss to person or property caused by the negligent operation of	109
any motor vehicle by its employees upon the public roads,	110
highways, or streets in the state when the employees are engaged	111
within the scope of their employment and authority, without regard	112
to the proximity of, that operation to the office of the state	113
fire marshal. Notwithstanding division (A)(1) of section 2743.02	114
of the Revised Code, the following are full defenses to that	115
liability:	116

(a) An employee providing fire protection was operating a	117
motor vehicle while engaged in duty at a fire, proceeding toward a	118
place where a fire is in progress or is believed to be in	119
progress, or answering any other emergency and the operation of	120
the vehicle did not constitute willful or wanton misconduct.	121

(b) An employee providing emergency medical services was	122
operating a motor vehicle while responding to or completing a call	123
for emergency medical care or treatment, the employee was holding	124
a valid driver's license issued under Chapter 4507. of the Revised	125
Code, the operation of the vehicle did not constitute willful or	126
wanton misconduct, and the operation complies with the precautions	127
described in section 4511.03 of the Revised Code.	128

(2) An employee of the office of the state fire marshal, when	129
providing services pursuant to this section, is immune from	130
liability for injury, death, or loss to person or property caused	131
by the operation of any motor vehicle upon the public roads,	132
highways, or streets in the state, without regard to the proximity	133
of that operation to the office of the state fire marshal, unless	134
one of the following applies:	135

(a) The operation of the vehicle was manifestly outside the	136
scope of the employee's employment or official responsibilities.	137

(b) The operation of the vehicle constituted willful or	138
wanton misconduct.	139

Sec. 124.1310. (A) As used in this section:

140

(1) "Emergency medical service," "EMT-basic," "EMT-I," "first	141
responder," and "paramedic" have the same meanings as in section	142
4765.01 of the Revised Code.	143

(2) "Volunteer firefighter" has the same meaning as in	144
section 146.01 of the Revised Code.	145

(B) A state employee who is an EMT-basic, EMT-I, first	146
responder, paramedic, or volunteer firefighter shall receive forty	147
hours of leave with pay each calendar year to use during those	148
hours when the employee is absent from work in order to provide	149
emergency medical service or fire-fighting service. An appointing	150
authority shall compensate an employee who uses leave granted	151
under this section at the employee's regular rate of pay for those	152
regular work hours during which the employee is absent from work.	153

Sec. 146.01.  As used in sections 146.01 to 146.19 of the	154
Revised Code:	155

(A) "Fire department" means a volunteer fire department, a	156
fire department of a political subdivision or fire district of	157
this state, or a private volunteer company that has elected to	158
participate in the volunteer fire fighters' dependents fund	159
pursuant to section 146.02 of the Revised Code.	160

(B)(1) "Volunteer firefighter" means both of the following,	161
subject to division (B)(2) of this section:	162

(a) A duly appointed member of a fire department on either a	163
nonpay or part-pay basis who is ineligible to be a member of the	164
Ohio police and fire pension fund, or whose employment as a	165
firefighter does not in itself qualify any such person for	166
membership in the public employees retirement system, or who has	167
waived membership in the public employees retirement system;	168

(b) Firefighters drafted, requisitioned, or appointed to	169
serve in an emergency.	170

(2)(a) A volunteer firefighter who is a member of the public	171
employees retirement system shall be considered a volunteer	172
firefighter for purposes of this chapter, and in particular, for	173
purposes of divisions (A) and (B) of section 146.12 of the Revised	174
Code until the firefighter has at least one and one-half years of	175
Ohio service credit for purposes of division (B) of section 145.45	176
of the Revised Code;	177

(b) A volunteer firefighter who is a member of the public	178
employees retirement system shall be considered a volunteer	179
firefighter for purposes of this chapter and, in particular, for	180
purposes of division (C) of section 146.12 of the Revised Code	181
until the firefighter has at least five years of total service	182
credit for purposes of sections 145.35 and 145.36 or section	183
145.361 of the Revised Code.	184

(C) "Private volunteer fire company" means a company of	185
trained volunteer firefighters having a contract to furnish fire	186
protection or emergency service or both to a political subdivision	187
or fire district of this state.	188

(D) "Member of the fund" includes a political subdivision or	189
fire district of this state that maintains in whole or in part a	190
volunteer fire department or employs volunteer firefighters, and a	191
private volunteer fire company that has elected to participate in	192
the volunteer fire fighters' dependents fund.	193

(E) "Dependent" means the surviving spouse or child under	194
eighteen years of age of a volunteer firefighter regardless of	195
financial status.	196

(F) "Volunteer fire fighters' dependents fund" means the fund	197
established by section 146.07 of the Revised Code.	198

(G)(F) "Totally and permanently disabled" means that a	199
volunteer firefighter is unable to engage in any substantial	200
gainful employment for a period of not less than twelve months by	201
reason of a medically determinable physical impairment that is	202
permanent or presumed to be permanent.	203

Sec. 146.12.  Benefits shall be paid from the volunteer fire	204
fighters' dependents fund to or on behalf of the following	205
persons:	206

(A) To the surviving spouse of a volunteer fire fighter	207
firefighter killed while discharging the duties of a volunteer	208
fire fighterfirefighter or who dies from exposure or injury	209
received while in the discharge of suchthose duties, a lump sum	210
award of one thousand dollars, and, in addition, the sum of two	211
three hundred dollars per month so long as the surviving spouse	212
does not remarry;	213

(B) To the parent, guardian, or other persons upon whom a	214
child of a volunteer fire fighterfirefighter is dependent for	215
chief support, the sum of sixty-fiveone hundred twenty-five	216
dollars per month for each dependent child of such volunteer fire	217
fighter. Such payments shall continue until the dependent child	218
is eighteen years oldunder eighteen years of age, or under	219
twenty-three years of age if the child is attending a	220
post-secondary educational institution and is completing a program	221
of instruction each school year that satisfies the equivalent of	222
at least two-thirds of the full-time curriculum requirements of	223
the institution.	224

(C) To a volunteer fire fighterfirefighter, totally and	225
permanently disabled while discharging the duties of a volunteer	226
fire fighterfirefighter, the sum of twothree hundred dollars per	227
month. No payment shall be made to a volunteer fire fighter	228
firefighter under full salary during the time of histhe volunteer	229
firefighter's disability.	230

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	231
from liability, except as provided for the office of the state	232
fire marshal in division (G)(1) of section 9.60 and division (B)	233
of section 3737.221 of the Revised Code, and consents to be sued,	234
and have its liability determined, in the court of claims created	235
in this chapter in accordance with the same rules of law	236
applicable to suits between private parties, except that the	237
determination of liability is subject to the limitations set forth	238
in this chapter and, in the case of state universities or	239
colleges, in section 3345.40 of the Revised Code, and except as	240
provided in division (A)(2) of this section. To the extent that	241
the state has previously consented to be sued, this chapter has no	242
applicability.	243

Except in the case of a civil action filed by the state,	244
filing a civil action in the court of claims results in a complete	245
waiver of any cause of action, based on the same act or omission,	246
which the filing party has against any officer or employee, as	247
defined in section 109.36 of the Revised Code. The waiver shall	248
be void if the court determines that the act or omission was	249
manifestly outside the scope of the officer's or employee's office	250
or employment or that the officer or employee acted with malicious	251
purpose, in bad faith, or in a wanton or reckless manner.	252

(2) If a claimant proves in the court of claims that an	253
officer or employee, as defined in section 109.36 of the Revised	254
Code, would have personal liability for histhe officer's or	255
employee's acts or omissions but for the fact that the officer or	256
employee has personal immunity under section 9.86 of the Revised	257
Code, the state shall be held liable in the court of claims in any	258
action that is timely filed pursuant to section 2743.16 of the	259
Revised Code and that is based upon the acts or omissions.	260

(B) The state hereby waives the immunity from liability of	261
all hospitals owned or operated by one or more political	262
subdivisions and consents for them to be sued, and to have their	263
liability determined, in the court of common pleas, in accordance	264
with the same rules of law applicable to suits between private	265
parties, subject to the limitations set forth in this chapter.	266
This division is also applicable to hospitals owned or operated by	267
political subdivisions which have been determined by the supreme	268
court to be subject to suit prior to July 28, 1975.	269

(C) Any hospital, as defined under section 2305.11 of the	270
Revised Code, may purchase liability insurance covering its	271
operations and activities and its agents, employees, nurses,	272
interns, residents, staff, and members of the governing board and	273
committees, and, whether or not such insurance is purchased, may,	274
to such extent as its governing board considers appropriate,	275
indemnify or agree to indemnify and hold harmless any such person	276
against expense, including attorney's fees, damage, loss, or other	277
liability arising out of, or claimed to have arisen out of, the	278
death, disease, or injury of any person as a result of the	279
negligence, malpractice, or other action or inaction of the	280
indemnified person while acting within the scope of histhe	281
indemnified person's duties or engaged in activities at the	282
request or direction, or for the benefit, of the hospital. Any	283
hospital electing to indemnify such persons, or to agree to so	284
indemnify, shall reserve such funds as are necessary, in the	285
exercise of sound and prudent actuarial judgment, to cover the	286
potential expense, fees, damage, loss, or other liability. The	287
superintendent of insurance may recommend, or, if such hospital	288
requests himthe superintendent to do so, the superintendent shall	289
recommend, a specific amount for any period that, in histhe	290
superintendent's opinion, represents such a judgment. This	291
authority is in addition to any authorization otherwise provided	292
or permitted by law.	293

(D) Recoveries against the state shall be reduced by the	294
aggregate of insurance proceeds, disability award, or other	295
collateral recovery received by the claimant. This division does	296
not apply to civil actions in the court of claims against a state	297
university or college under the circumstances described in section	298
3345.40 of the Revised Code. The collateral benefits provisions	299
of division (B)(2) of that section apply under those	300
circumstances.	301

(E) The only defendant in original actions in the court of	302
claims is the state. The state may file a third-party complaint	303
or counterclaim in any civil action, except a civil action for two	304
thousand five hundred dollars or less, that is filed in the court	305
of claims.	306

(F) A civil action against an officer or employee, as	307
defined in section 109.36 of the Revised Code, that alleges that	308
the officer's or employee's conduct was manifestly outside the	309
scope of histhe officer's or employee's employment or official	310
responsibilities, or that the officer or employee acted with	311
malicious purpose, in bad faith, or in a wanton or reckless manner	312
shall first be filed against the state in the court of claims,	313
which has exclusive, original jurisdiction to determine,	314
initially, whether the officer or employee is entitled to personal	315
immunity under section 9.86 of the Revised Code and whether the	316
courts of common pleas have jurisdiction over the civil action.	317

The filing of a claim against an officer or employee under	318
this division tolls the running of the applicable statute of	319
limitations until the court of claims determines whether the	320
officer or employee is entitled to personal immunity under section	321
9.86 of the Revised Code.	322

(G) Whenever a claim lies against an officer or employee who	323
is a member of the Ohio national guard, and the officer or	324
employee was, at the time of the act or omission complained of,	325
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	326
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	327
exclusive remedy of the claimant and the state has no liability	328
under this section.	329

Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of the	330
Revised Code:	331

(A) To "create a substantial risk of serious physical harm	332
to any person" includes the creation of a substantial risk of	333
serious physical harm to any emergency personnel.	334

(B) "Emergency personnel" means any of the following persons:

335

(1) A peace officer, as defined in section 2935.01 of the	336
Revised Code;	337

(2) A member of a fire department or other firefighting	338
agency of a municipal corporation, township, township fire	339
district, joint fire district, other political subdivision, or	340
combination of political subdivisions;	341

(3) A member of a private fire company, as defined in	342
section 9.60 of the Revised Code, or a volunteer firefighter;	343

(4) A member of a joint ambulance district or joint	344
emergency medical services district;	345

(5) An emergency medical technician-basic, emergency medical	346
technician-intermediate, emergency medical technician-paramedic,	347
ambulance operator, or other member of an emergency medical	348
service that is owned or operated by a political subdivision or a	349
private entity;	350

(6) The state fire marshal, the chief deputy state fire	351
marshal, or an assistant state fire marshal, or an arson	352
investigator of the office of the state fire marshal;	353

(7) A fire prevention officer of a political subdivision or	354
an arson investigator, fire, or similar inspectorinvestigator of	355
a political subdivision.	356

(C) "Occupied structure" means any house, building,	357
outbuilding, watercraft, aircraft, railroad car, truck, trailer,	358
tent, or other structure, vehicle, or shelter, or any portion	359
thereof, to which any of the following applies:	360

(1) It is maintained as a permanent or temporary dwelling,	361
even though it is temporarily unoccupied and whether or not any	362
person is actually present.	363

(2) At the time, it is occupied as the permanent or	364
temporary habitation of any person, whether or not any person is	365
actually present.	366

(3) At the time, it is specially adapted for the overnight	367
accommodation of any person, whether or not any person is actually	368
present.	369

(4) At the time, any person is present or likely to be	370
present in it.	371

(D) "Political subdivision" and "state" have the same	372
meanings as in section 2744.01 of the Revised Code.	373

Sec. 2921.22.  (A) No person, knowing that a felony has been	374
or is being committed, shall knowingly fail to report such	375
information to law enforcement authorities.	376

(B) Except for conditions that are within the scope of	377
division (E) of this section, no person who is a physician,	378
limited practitioner, nurse, or other person giving aid to a sick	379
or injured person shall negligently fail to report to law	380
enforcement authorities any gunshot or stab wound that the person	381
treated or observed by the physician, limited practitioner, nurse,	382
or person, or any serious physical harm to persons that the	383
physician, limited practitioner, nurse, or person knows or has	384
reasonable cause to believe resulted from an offense of violence.	385

(C) No person who discovers the body or acquires the first	386
knowledge of the death of a person shall fail to report the death	387
immediately to a physician whom the person knows to be treating	388
the deceased for a condition from which death at such time would	389
not be unexpected, or to a law enforcement officer, an ambulance	390
service, an emergency squad, or the coroner in a political	391
subdivision in which the body is discovered, the death is believed	392
to have occurred, or knowledge concerning the death is obtained.	393

(D) No person shall fail to provide upon request of the	394
person to whom the person a report required by division (C) of	395
this section was made, or to any law enforcement officer who has	396
reasonable cause to assert the authority to investigate the	397
circumstances surrounding the death, any facts within the person's	398
knowledge that may have a bearing on the investigation of the	399
death.	400

(E)(1) As used in this division, "burn injury" means any of	401
the following:	402

(a) Second or third degree burns;

403

(b) Any burns to the upper respiratory tract or laryngeal	404
edema due to the inhalation of superheated air;	405

(c) Any burn injury or wound that may result in death;

406

(d) Any physical harm to persons caused by or as the result	407
of the use of fireworks, novelties and trick noisemakers, and wire	408
sparklers, as each is defined by section 3743.01 of the Revised	409
Code.	410

(2) No physician, nurse, or limited practitioner who,	411
outside a hospital, sanitarium, or other medical facility, attends	412
or treats a person who has sustained a burn injury that is	413
inflicted by an explosion or other incendiary device, or that	414
shows evidence of having been inflicted in a violent, malicious,	415
or criminal manner, shall fail to report the burn injury	416
immediately to the local arson, or fire and explosion	417
investigation, bureau, if there is such a bureau of this type in	418
the jurisdiction in which the person is attended or treated, or	419
otherwise to local law enforcement authorities.	420

(3) No manager, superintendent, or other person in charge of	421
a hospital, sanitarium, or other medical facility in which a	422
person is attended or treated for any burn injury that is	423
inflicted by an explosion or other incendiary device, or that	424
shows evidence of having been inflicted in a violent, malicious,	425
or criminal manner, shall fail to report the burn injury	426
immediately to the local arson, or fire and explosion	427
investigation, bureau, if there is such a bureau of this type in	428
the jurisdiction in which the person is attended or treated, or	429
otherwise to local law enforcement authorities.	430

(4) No person who is required to report any burn injury	431
under division (E)(2) or (3) of this section shall fail to file,	432
within three working days after attending or treating the victim,	433
a written report of the burn injury with the office of the state	434
fire marshal. The report shall be made on a form providedcomply	435
with the uniform standard developed by the state fire marshal	436
pursuant to division (A)(15) of section 3737.22 of the Revised	437
Code.	438

(5) Anyone participating in the making of reports under	439
division (E) of this section or anyone participating in a judicial	440
proceeding resulting from the reports is immune from any civil or	441
criminal liability that otherwise might be incurred or imposed as	442
a result of such actions. Notwithstanding section 4731.22 of the	443
Revised Code, the physician-patient relationship is not a ground	444
for excluding evidence regarding a person's burn injury or the	445
cause of the burn injury in any judicial proceeding resulting from	446
a report submitted pursuant tounder division (E) of this section.	447

(F)(1) Any doctor of medicine or osteopathic medicine,	448
hospital intern or resident, registered or licensed practical	449
nurse, psychologist, social worker, independent social worker,	450
social work assistant, professional clinical counselor, or	451
professional counselor who knows or has reasonable cause to	452
believe that a patient or client has been the victim of domestic	453
violence, as defined in section 3113.31 of the Revised Code, shall	454
note that knowledge or belief and the basis for it in the	455
patient's or client's records.	456

(2) Notwithstanding section 4731.22 of the Revised Code, the	457
doctor-patient privilege shall not be a ground for excluding any	458
information regarding the report containing the knowledge or	459
belief noted pursuant tounder division (F)(1) of this section,	460
and the information may be admitted as evidence in accordance with	461
the Rules of Evidence.	462

(G) DivisionDivisions (A) orand (D) of this section doesdo	463
not require disclosure of information, when any of the following	464
applies:	465

(1) The information is privileged by reason of the	466
relationship between attorney and client; doctor and patient;	467
licensed psychologist or licensed school psychologist and client;	468
member of the clergy, rabbi, minister, or priest and any person	469
communicating information confidentially to the member of the	470
clergy clergyman, rabbi, minister, or priest for a religious	471
counseling purpose the of a professional character of the member	472
of the clergy, rabbi, minister, or priest; husband and wife; or a	473
communications assistant and those who are a party to a	474
telecommunications relay service call.	475

(2) The information would tend to incriminate a member of	476
the actor's immediate family.	477

(3) Disclosure of the information would amount to revealing	478
a news source, privileged under section 2739.04 or 2739.12 of the	479
Revised Code.	480

(4) Disclosure of the information would amount to disclosure	481
by a member of the ordained clergy of an organized religious body	482
of a confidential communication made to that member of the clergy	483
the clergyman in that member's a capacity as a clergymanmember of	484
the clergy by a person seeking the aid or counsel of that member	485
of the clergy.	486

(5) Disclosure would amount to revealing information	487
acquired by the actor in the course of the actor's duties in	488
connection with a bona fide program of treatment or services for	489
drug dependent persons or persons in danger of drug dependence,	490
which program is maintained or conducted by a hospital, clinic,	491
person, agency, or organization certified pursuant to section	492
3793.06 of the Revised Code.	493

(6) Disclosure would amount to revealing information	494
acquired by the actor in the course of the actor's duties in	495
connection with a bona fide program for providing counseling	496
services to victims of crimes that are violations of section	497
2907.02 or 2907.05 of the Revised Code or to victims of felonious	498
sexual penetration in violation of former section 2907.12 of the	499
Revised Code. As used in this division, "counseling services"	500
include services provided in an informal setting by a person who,	501
by education or experience, is competent to provide suchthose	502
services.	503

(H) No disclosure of information pursuant to this section	504
gives rise to any liability or recrimination for a breach of	505
privilege or confidence.	506

(I) Whoever violates division (A) or (B) of this section is	507
guilty of failure to report a crime. Violation of division (A) of	508
this section is a misdemeanor of the fourth degree. Violation of	509
division (B) of this section is a misdemeanor of the second	510
degree.	511

(J) Whoever violates division (C) or (D) of this section is	512
guilty of failure to report knowledge of a death, a misdemeanor of	513
the fourth degree.	514

(K)(1) Whoever negligently violates division (E) of this	515
section is guilty of a minor misdemeanor.	516

(2) Whoever knowingly violates division (E) of this section	517
is guilty of a misdemeanor of the second degree.	518

Sec. 3737.01.  As used in this chapter:

519

(A) "Assistant fire marshal" means any person directlywho	520
is employed by the fire marshal and who is involved incarries out	521
specific duties assigned by the fire marshal, including, but not	522
limited to, enforcement of Chapters 3731., 3737., and 3743. of the	523
Revised Code, fire inspection, fire code enforcement, fire	524
investigation, fire prevention, hazardous materials incidents, or	525
the regulation of underground storage tank systems as that term is	526
defined in section 3737.87 of the Revised Code.	527

(B) "Consumer goods" means any item sold, leased, or rented	528
primarily for personal or household use.	529

(C) "Fire agency" means any state or local fire service or	530
agency whose function is to examine the property of another person	531
for the purpose of identifying fire safety hazards.	532

(D) "Fire safety inspector" means any person who is a member	533
of the civil service, as defined in section 124.01 of the Revised	534
Code, or who is employed by or voluntarily serves a village or	535
township, and who examines the property of another person for the	536
purpose of identifying fire safety hazards.	537

(E) "Person," in addition to the meaning in section 1.59 of	538
the Revised Code, means the state and any political subdivision of	539
the state, and any other entity, public or private.	540

(F) "Responsible person" means the person responsible for	541
compliance with the state fire code, including, but not limited	542
to, the owner, lessee, agent, operator, or occupant of a building,	543
premises, or vehicle.	544

Sec. 3737.03.  The state fire commission may do all of the	545
following:	546

(A) Conduct research, make and publish reports on fire	547
safety, and recommend to the governor, the general assembly, the	548
board of building standards, and other state agencies, any needed	549
changes in the laws, rules, or administrative policies relating to	550
fire safety;	551

(B) Recommend revisions in the rules included in the state	552
fire code adopted by the fire marshal. The recommendations may	553
propose the adoption of new rules or the amendment or repeal of	554
existing rules. The commission shall file its recommendations in	555
the office of the fire marshal, and, within sixty days after the	556
recommendations are filed, the fire marshal shall file with the	557
chairmanchairperson of the commission histhe fire marshal's	558
comments on, and proposed action in response to, the	559
recommendations.	560

(C) Maintain the Ohio fire service hall of fame. In	561
maintaining the hall of fame, the commission shall keep official	562
commendations that recognize and commemorate exemplary	563
accomplishments and acts of heroism by firefighters and other	564
persons at fire-related incidents or similar events occurring in	565
the state. The commission may adopt criteria and guidelines for	566
selecting individuals for that recognition and commemoration. The	567
recognition and commemoration of individuals may occur annually	568
and include an annual awards ceremony. The expenses associated	569
with the recognition and commemoration of individuals shall be	570
paid in accordance with division (F) of section 3737.81 of the	571
Revised Code.	572

Sec. 3737.16.  (A) The fire marshal, any assistant fire	573
marshal, the chief or any deputy of the arsonfire and explosion	574
investigation bureau established pursuant to section 3737.22 of	575
the Revised Code, the chief of a fire department of any municipal	576
corporation or township where a fire department is established,	577
the fire prevention officer of any municipal corporation or	578
township where no fire department exists, any federal, state, or	579
local law enforcement agency, or the prosecuting attorney of any	580
county may request any insurance company that has investigated or	581
is investigating a fire loss or potential fire loss of real or	582
personal property to release any information in its possession	583
relative to that loss or potential loss. The company shall	584
release the information and cooperate with any official authorized	585
to request suchthe information pursuant tounder this section.	586
The information shall include, but is not limited to, the	587
following:	588

(1) Any insurance policy relevant to a fire loss under	589
investigation and any application for such a policy;	590

(2) Policy premium payment records;

591

(3) History of previous claims made by the insured or	592
previous insureds for fire loss;	593

(4) Material relating to the investigation of the loss or	594
potential loss, including statements of any person, proof of loss,	595
and any other relevant evidence.	596

(B) If an insurance company has reason to suspect that a	597
fire loss to its insured's real or personal property was caused by	598
incendiary means, the company shall notify the fire marshal and	599
the prosecuting attorney of the county in which the loss occurred,	600
and furnish them with all relevant material acquired during its	601
investigation of the fire loss, cooperate with and take such	602
action as may be requested of it by any federal, state, or local	603
law enforcement agency, and permit any other person ordered by a	604
court to inspect any of its records pertaining to the policy and	605
the loss.	606

(C) If an agency, official, or officer mentioned in division	607
(A) or (B) of this section has received information pursuant to	608
under those divisions from an insurance company that has	609
investigated or is investigating a fire loss of real or personal	610
property, the agency, official, or officer may release to, and	611
share with, the insurance company any information in histhe	612
agency's, official's, or officer's possession relative to suchthe	613
loss, upon the request of the insurance company.	614

(D) In the absence of fraud or malice, no insurance company,	615
or person who furnishes information on its behalf, is liable for	616
in damages in any civil action, including any action brought	617
pursuant to section 1347.10 of the Revised Code, or subject to	618
criminal prosecution for any oral or written statement made or any	619
other action taken that is necessary to supply information	620
required pursuant tounder this section.	621

(E) Except as otherwise provided in division (C) of this	622
section, the officials and departmental and agency personnel	623
receiving any information furnished pursuant tounder this section	624
shall hold the information in confidence until such time as its	625
release is required pursuant to a criminal or civil proceeding.	626

(F) Any official referred to in division (A) of this section	627
may testify as to any information in histhe official's possession	628
regarding the fire loss of real or personal property in any civil	629
action in which any person seeks recovery under a policy against	630
an insurance company for the fire loss.	631

(G) As used in this section, "insurance company" includes	632
the Ohio fair plan underwriting association as established in	633
section 3929.43 of the Revised Code.	634

(H)(1) No person shall purposely refuse to release any	635
information requested, pursuant to division (A) of this section,	636
by an agency, official, or officer authorized to request suchthe	637
information by that division.	638

(2) No person shall purposely refuse to notify the fire	639
marshal and prosecuting attorney of a fire loss required to be	640
reported pursuant tounder division (B) of this section.	641

(3) No person shall purposely refuse to supply the fire	642
marshal and prosecuting attorney with pertinent information	643
required to be furnished pursuant tounder division (B) of this	644
section.	645

(4) No person shall purposely fail to hold in confidence	646
information required to be held in confidence by division (E) of	647
this section.	648

Sec. 3737.21.  (A) The director of the department of	649
commerce shall appoint, from names submitted to himthe director	650
by the state fire commission, a fire marshal, who shall serve at	651
the pleasure of the director and shall possess the following	652
qualifications:	653

(1) A degree from an accredited college or university with	654
specialized study in either the field of fire protection or fire	655
protection engineering, or the equivalent qualifications	656
determined from his training, experience, and duties in a fire	657
service;	658

(2) Five years of recent, progressively more responsible	659
experience in fire inspection, fire code enforcement, fire	660
investigation, fire protection engineering, teaching of fire	661
safety engineering, or fire fighting.	662

(B) When a vacancy occurs in the position of fire marshal,	663
the director shall notify the state fire commission. The	664
commission shall communicate the fact of the vacancy by regular	665
mail to all fire chiefs and fire protection engineers known to the	666
commission, or whose identity may be ascertained by the commission	667
by the exercise of due diligence. The commission shall, no	668
earlier than thirty days after mailing the notification, shall	669
compile a list of all applicants for the position of fire marshal	670
who are qualified under this section. The commission shall submit	671
the names of at least three persons on the list to the director.	672
The director shall appoint the fire marshal from the list of at	673
least three names or may request the commission to submit	674
additional names.	675

Sec. 3737.22.  (A) The fire marshal shall do all of the	676
following:	677

(1) Adopt the state fire code under sections 3737.82 to	678
3737.86 of the Revised Code;	679

(2) Enforce the state fire code;

680

(3) Appoint assistant fire marshals who are authorized to	681
enforce the state fire code;	682

(4) Conduct investigations into the cause, origin, and	683
circumstances of fires and explosions, and prosecuteassist in the	684
prosecution of persons believed to be guilty of arson or a similar	685
crime;	686

(5) Compile statistics concerning loss due to fire and	687
explosion as the fire marshal considers necessary, and consider	688
the compatibility of the fire marshal's system of compilation with	689
the systems of other state and federal agencies and fire marshals	690
of other states;	691

(6) Engage in research on the cause and prevention of losses	692
due to fire and explosion;	693

(7) Engage in public education and informational activities	694
which will inform the public of fire safety information;	695

(8) Operate a fire training academy and arson crimeforensic	696
laboratory;	697

(9) Conduct such other fire safety and fire fighting	698
training activities for the public and groups as will further the	699
cause of fire safety;	700

(10) IssueConduct licensing examinations, and issue permits,	701
licenses, and certificates, as authorized by the Revised Code;	702

(11) Conduct tests of fire protection systems and devices,	703
and fire fighting equipment to determine compliance with the state	704
fire code, unless a building is insured against the hazard of	705
fire, in which case such tests may be performed by the company	706
insuring the building;	707

(12) Establish and collect fees for conducting licensing	708
examinations and for issuing permits, licenses, and certificates;	709

(13) Make available for the prosecuting attorney and an	710
assistant prosecuting attorney from each county of this state, in	711
accordance with section 3737.331 of the Revised Code, a seminar	712
program, attendance at which is optional, that is designed to	713
provide current information, data, training, and techniques	714
relative to the prosecution of arson cases;	715

(14) Administer and enforce Chapter 3743. of the Revised	716
Code;	717

(15) Develop a formuniform standard for the written report	718
reporting of information required to be filed under division	719
(E)(4) of section 2921.22 of the Revised Code, and accept suchthe	720
reports of the information when they are filed.	721

(B) The fire marshal shall appoint a chief deputy fire	722
marshal, and shall employ professional and clerical assistance	723
assistants as the fire marshal considers necessary. The chief	724
deputy shall be a competent former or current member of a fire	725
agency and possess five years of recent, progressively more	726
responsible experience in fire inspection, fire code enforcement,	727
and fire code management. AllThe chief deputy, with the approval	728
of the director of commerce, shall temporarily assume the duties	729
of the fire marshal when the fire marshal is absent or temporarily	730
unable to carry out the duties of the office. When there is a	731
vacancy in the office of fire marshal, the chief deputy, with the	732
approval of the director of commerce, shall temporarily assume the	733
duties of the fire marshal until a new fire marshal is appointed	734
under section 3737.21 of the Revised Code.	735

All employees, other than the fire marshal,; the chief	736
deputy,fire marshal; the superintendent of the Ohio fire	737
academy,; the grants administrator,; the fiscal officer,; the	738
executive secretary to the state fire marshal,; legal counsel; the	739
pyrotechnics administrator, the chief of the forensic laboratory;	740
the person appointed by the fire marshal to serve as administrator	741
over functions concerning testing, license examinations, and the	742
issuance of permits and certificates; and the chiefs of the bureau	743
bureaus of fire prevention, the arson bureau, the arson crime	744
laboratoryof fire and explosion investigation, of code	745
enforcement, and the bureau of underground storage tanks, shall be	746
in the classified civil service. The fire marshal shall authorize	747
the chief deputy and other employees under the fire marshal's	748
supervision to exercise powers granted to the fire marshal by law	749
as may be necessary to carry out the duties of the fire marshal's	750
office.	751

(C) The fire marshal shall create, in and as a part of the	752
office of fire marshal, an arsona fire and explosion	753
investigation bureau consisting of a chief of the bureau, and such	754
additional assistant fire marshals as the fire marshal determines	755
necessary for the efficient administration of the bureau. The	756
chief shall be experienced in the investigation of the cause,	757
origin, and circumstances of fires, and in administration,	758
including the supervision of subordinates. The chief, among other	759
duties delegated to the chief by the fire marshal, shall be	760
responsible, under the direction of the fire marshal, for the	761
investigation of the cause, origin, and circumstances of each fire	762
fires and explosions in the state, and for assistance in the	763
prosecution of persons believed to be guilty of arson or a similar	764
crime.	765

(D) At the fire marshal's discretion, the(1) The fire	766
marshal shall create, as part of the office of fire marshal, a	767
bureau of code enforcement consisting of a chief of the bureau and	768
additional assistant fire marshals as the fire marshal determines	769
necessary for the efficient administration of the bureau. The	770
chief shall be qualified, by education or experience, in fire	771
inspection, fire code development, fire code enforcement, or any	772
other similar field determined by the fire marshal, and in	773
administration, including the supervision of subordinates. The	774
chief is responsible, under the direction of the fire marshal, for	775
fire inspection, fire code development, fire code enforcement,	776
and any other duties delegated to the chief by the fire marshal.	777

(2) The fire marshal, or the chief deputy under the	778
direction of the fire marshal, the chief of the bureau of code	779
enforcement, or any assistant fire marshal under the direction of	780
the fire marshal, the chief deputy fire marshal, or the chief of	781
the bureau of code enforcement may cause the inspection to be	782
conducted the inspection of all buildings, structures, and other	783
places, the condition of which may be dangerous from a fire safety	784
standpoint to life or property, or to property adjacent theretoto	785
the buildings, structures, or other places.	786

(E) The fire marshal shall create, as a part of the office	787
of fire marshal, a bureau of fire prevention consisting of a chief	788
of the bureau, and such additional assistant fire marshals as the	789
fire marshal determines necessary for the efficient administration	790
of the bureau. The chief shall be qualified, by education or	791
experience, to promote programs for rural and urban fire	792
prevention and protection. The chief, among other duties	793
delegated to the chief by the fire marshal, is responsible, under	794
the direction of the fire marshal, for the promotion of rural and	795
urban fire prevention and protection through public information	796
and education programs.	797

(F) The fire marshal shall cooperate with the director of	798
job and family services when the director promulgatesadopts rules	799
pursuant tounder section 5104.052 of the Revised Code regarding	800
fire prevention and fire safety in certified type B family	801
day-care homes, as defined in section 5104.01 of the Revised Code,	802
recommend procedures for inspecting type B homes to determine	803
whether they are in compliance with those rules, and provide	804
training and technical assistance to the director and county	805
directors of job and family services on the procedures for	806
determining compliance with those rules.	807

(G) The fire marshal, upon request of a provider of child	808
day-care in a type B home that is not certified by the county	809
director of job and family services, as a precondition of approval	810
by the state board of education pursuant tounder section 3313.813	811
of the Revised Code for receipt of United States department of	812
agriculture child and adult care food program funds established	813
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	814
U.S.C. 1751, as amended, shall inspect the type B home to	815
determine compliance with rules promulgated pursuant toadopted	816
under section 5104.052 of the Revised Code regarding fire	817
prevention and fire safety in certified type B homes. In	818
municipal corporations and in townships where there is a certified	819
fire safety inspector, the inspections shall be made by that	820
inspector under the supervision of the fire marshal, according to	821
rules promulgated pursuant toadopted under section 5104.052 of	822
the Revised Code. In townships outside municipal corporations	823
where there is no certified fire safety inspector, inspections	824
shall be made by the fire marshal.	825

Sec. 3737.221. (A) As used in this section, "motor vehicle"	826
has the same meaning as in section 4511.01 of the Revised Code.	827

(B) The office of the fire marshal is liable for injury,	828
death, or loss to person or property caused by the negligent	829
operation of any motor vehicle by its employees upon the public	830
roads, highways, or streets in the state when the employees are	831
engaged within the scope of their employment and authority,	832
without regard to the proximity of that operation to the office of	833
the fire marshal. Notwithstanding division (A)(1) of section	834
2743.02 of the Revised Code, a full defense to that liability is	835
that if the fire marshal, the chief deputy fire marshal, or an	836
assistant fire marshal was operating the motor vehicle, the fire	837
marshal, chief deputy fire marshal, or assistant fire marshal was	838
acting within the scope of division (A)(2), (4), or (14) of	839
section 3737.22, or section 3737.24 or 3737.26, of the Revised	840
Code and the operation of the vehicle did not constitute willful	841
or wanton misconduct.	842

(C) The fire marshal, the chief deputy fire marshal, and any	843
assistant fire marshal is immune from liability for injury, death,	844
or loss to person or property caused by the operation of any motor	845
vehicle upon the public roads, highways, or streets in the state	846
when acting within the scope of division (A)(2), (4), or (14) of	847
section 3737.22, or section 3737.24 or 3737.26, of the Revised	848
Code, without regard to the proximity of that operation to the	849
office of the fire marshal, unless one of the following applies:	850

(1) The operation of the vehicle was manifestly outside the	851
scope of the employee's employment or official responsibilities.	852

(2) The operation of the vehicle constituted willful or	853
wanton misconduct.	854

Sec. 3737.26.  If the fire marshal or an assistant fire	855
marshal, is of the opiniondetermines that there is evidence	856
sufficient to charge a person with arson or a similar crime, or	857
with a violation of section 3737.62 of the Revised Code, he shall	858
the marshal or assistant marshal may arrest suchthe person or	859
cause himthe person to be arrested and charged with suchthe	860
offense. SuchThe fire marshal or assistant marshallfire marshal	861
shall furnishprovide the prosecuting attorney suchthe evidence,	862
with the names of witnesses, and a copy of material testimony	863
taken in the case.	864

Sec. 3737.27.  The fire marshal or an assistant fire marshal	865
may summon and compel the attendance of witnesses to testify in	866
relation to any matter whichthat is a proper subject of inquiry	867
andor investigation, and may require the production of any book,	868
paper, or document, or record, regardless of physical form or	869
characteristic.	870

Sec. 3737.28.  The fire marshal or an assistant fire marshal	871
may administer an oath to any person appearing as a witness before	872
himthe fire marshal or assistant fire marshal. No witness shall	873
refuse to be sworn or, refuse to testify, or disobey an order of	874
the fire marshal, or of an assistant fire marshal, or fail or	875
refuse to produce a book, paper, or document, or record,	876
regardless of physical form or characteristic, concerning a matter	877
under examination, or be guilty of contemptuous conduct after	878
being summoned by such officerthe fire marshal or an assistant	879
fire marshal to appear before himthe fire marshal or assistant	880
fire marshal to give testimony in relation to a matter or subject	881
under investigation.	882

Sec. 3737.42.  (A) If, upon inspection or investigation, the	883
fire marshal, an assistant fire marshal, or a certified fire	884
safety inspector believes that the state fire code or an	885
associated order has been violated, hethe fire marshal, assistant	886
fire marshal, or certified fire safety inspector shall, with	887
reasonable promptness, issue a citation to the responsible person.	888
Each citation shall be in writing and shall describe with	889
particularity the nature of the violation, including a reference	890
to the provision of the state fire code or associated order	891
alleged to have been violated. In addition, the citation shall	892
fix a reasonable time for the abatement of the violation. When the	893
citation is issued by an officer other than the fire marshala	894
certified fire safety inspector or an assistant fire marshal, a	895
copy of the citation shall be furnished to the fire marshal.	896

(B) The fire marshal may prescribe procedures for the	897
issuance of a notice in lieu of a citation with respect to de	898
minimis violations whichthat have no direct or immediate	899
relationship to safety or health.	900

(C) Each citation issued under this section, or a copy or	901
copies thereofof the citation, shall be prominently posted by the	902
responsible person, as prescribed in the state fire code, at or	903
near each place a violation referred to in the citation occurs.	904

Sec. 3737.43.  (A) If, after an inspection or investigation,	905
an officerthe fire marshal, an assistant fire marshal, or a	906
certified fire safety inspector issues a citation under section	907
3737.41 or 3737.42 of the Revised Code, hethe issuing authority	908
shall, within a reasonable time after such inspection or	909
investigation and in accordance with Chapter 119. of the Revised	910
Code, notify the responsible person by certified mail of the	911
citation and penalty, if any, proposed to be assessed under	912
section 3737.51 of the Revised Code, and of the responsible	913
person's right to appeal the citation and penalty, under Chapter	914
119. of the Revised Code, to the state board of building appeals	915
established under section 3781.19 of the Revised Code within	916
thirty days after receipt of the notice.	917

(B) If the responsible person is aggrieved by an order of	918
the board, the person may appeal to the court of common pleas	919
where the property that is the subject of the citation is located,	920
within thirty days after the board renders its decision.	921

(C) As used in this section, "issuing authority" means the	922
office of the fire marshal, in the case of a citation issued by	923
the fire marshal or an assistant fire marshal, or the applicable	924
township or municipal corporation, in the case of a citation	925
issued by a certified fire safety inspector.	926

Sec. 3737.45.  If any responsible person fails to comply with	927
an order of the fire marshal, an assistant fire marshal, or a	928
certified fire safety inspector as finally affirmed or modified by	929
the hearing officer pursuant tostate board of building appeals	930
under section 3737.43 of the Revised Code, within the time fixed	931
in suchthe order, then such officerthe fire marshal, assistant	932
fire marshal, or certified fire safety inspector may file a	933
complaint in the court of common pleas of the county where the	934
property is located for a court order authorizing himthe fire	935
marshal, assistant fire marshal, or certified fire safety	936
inspector to cause the building, structure, or premises to be	937
repaired,or demolished, materials to be removed, and all	938
dangerous conditions to be remedied, if such was the mandate of	939
the order as affirmed or modified by the hearing officerstate	940
board of building appeals, at the expense of the responsible	941
person. If the responsible person, within thirty days thereafter,	942
fails, neglects, or refuses to pay the expense that would be	943
incurred in enforcing the court order of the court of common pleas	944
court under this section, the court shall order that the real	945
estate upon which the building, structure, or premises is or was	946
situated be sold pursuant to Chapter 2329. of the Revised Code,	947
except as otherwise provided in this section. The proceeds of the	948
sale shall be credited to the fire marshal's fund. The fire	949
marshal shall use the proceeds of the sale to cause the repair or	950
demolition of any building, structure, or premises, the removal of	951
materials, or the remedy of all dangerous conditions unless the	952
purchaser of the real estate enters into an agreement with the	953
court to perform the repair, demolition, removal, or remedy within	954
a time period acceptable to the court. No bid of a prospective	955
purchaser shall be acceptable which is insufficient to pay the	956
expense whichthat the fire marshal would incur. If the amount	957
received from the sale exceeds the expense whichthat the fire	958
marshal would incur, the court shall direct the payment of the	959
surplus first to those parties with encumbrances, mortgages, or	960
liens on the real estate in order of their priority, and then to	961
the responsible person or into the court for its use and benefit.	962

Sec. 3737.81.  (A) There is hereby created the state fire	963
commission consisting of ten members to be appointed by the	964
governor with the advice and consent of the senate. The fire	965
marshal or his chief deputy fire marshal, a representative	966
designated by the department of public safety who has tenure in	967
fire suppression, and a representative designated by the board of	968
building standards shall be ex officio members. Of the initial	969
appointments made to the commission, two shall be for a term	970
ending one year after the effective date of this sectionNovember	971
1, 1978, two shall be for a term ending two years after that date,	972
two shall be for a term ending three years after that date, two	973
shall be for a term ending four years after that date, and two	974
shall be for a term ending five years after that date. Thereafter,	975
terms of office shall be for five years, each term ending on the	976
same day of the same month of the year as did the term which it	977
succeeds. Each member shall hold office from the date of his	978
appointment until the end of the term for which hethe member was	979
appointed. Any member appointed to fill a vacancy occurring prior	980
to the expiration of the term for which histhe member's	981
predecessor was appointed shall hold office for the remainder of	982
suchthat term. Any member shall continue in office subsequent to	983
the expiration date of histhe member's term until hisa successor	984
takes office, or until a period of sixty days has elapsed,	985
whichever occurs first. Members shall be qualified by experience	986
and training to deal with the matters that are the responsibility	987
of the commission. Two members shall be members of paid fire	988
services, one shall be a member of volunteer fire services, two	989
shall be mayors, managers, or members of legislative authorities	990
of municipalitiesmunicipal corporations, one shall represent	991
commerce and industry, one shall be a representative of a fire	992
insurance company domiciled in this state, one shall represent the	993
flammable liquids industry, one shall represent the construction	994
industry, and one shall represent the public. At no time shall	995
more than six members be members of or associated with the same	996
political party. Membership on the commission shall not	997
constitute holding a public office, and no person shall forfeit or	998
otherwise vacate histhe person's office or position of employment	999
because of membership on the commission.	1000

(B) The ex officio members may not vote, except that the	1001
fire marshal or his chief deputy fire marshal may vote in case of	1002
a tie.	1003

(C) Each member of the commission, other than ex officio	1004
members, shall be paid an amount equal to that payable under pay	1005
range 32 (S)(D) fixed pursuant to division (J) of section 124.15	1006
of the Revised Code, and histhe member's actual and necessary	1007
expenses.	1008

(D) The commission shall select a chairmanchairperson and a	1009
vice-chairmanvice-chairperson from among its members. No	1010
business may be transacted in the absence of a quorum. A quorum	1011
shall be at least six members, excluding ex officio members, and	1012
shall include either the chairmanchairperson or vice-chairman	1013
vice-chairperson. The commission shall hold regular meetings at	1014
least once every two months and may meet at any other time at the	1015
call of the chairmanchairperson.	1016

(E) The fire marshal shall provide the commission with	1017
office space, meeting rooms, staff, and clerical assistance	1018
necessary for the commission to perform its duties. If the	1019
commission maintains the Ohio fire service hall of fame under	1020
division (C) of section 3737.03 of the Revised Code, the fire	1021
marshal shall preserve, in an appropriate manner, in the office	1022
space or meeting rooms provided to the commission under this	1023
division or in another location, copies of all official	1024
commendations awarded to individuals recognized and commemorated	1025
for their exemplary accomplishments and acts of heroism at	1026
fire-related incidents or similar events that occurred in this	1027
state.	1028

(F) If the commission maintains the Ohio fire service hall	1029
of fame under division (C) of section 3737.03 of the Revised Code,	1030
the expenses incurred for the recognition and commemoration of	1031
individuals for their exemplary accomplishments and acts of	1032
heroism at fire-related incidents or similar events that occurred	1033
in this state, including, but not limited to, expenses for	1034
official commendations and an annual awards ceremony as described	1035
in division (C) of section 3737.03 of the Revised Code, may be	1036
paid from moneys appropriated by the general assembly for purposes	1037
of that recognition and commemoration, from moneys that are	1038
available to the fire marshal under this chapter, or from other	1039
funding sources available to the commission.	1040

Sec. 4765.49.  (A) A first responder, emergency medical	1041
technician-basic, emergency medical technician-intermediate, or	1042
emergency medical technician-paramedic is not liable in damages in	1043
a civil action for injury, death, or loss to person or property	1044
resulting from the individual's administration of emergency	1045
medical services, unless the services are administered in a manner	1046
that constitutes willful or wanton misconduct. A physician or	1047
registered nurse designated by a physician, who is advising or	1048
assisting in the emergency medical services by means of any	1049
communication device or telemetering system, is not liable in	1050
damages in a civil action for injury, death, or loss to person or	1051
property resulting from the individual's advisory communication or	1052
assistance, unless the advisory communication or assistance is	1053
provided in a manner that constitutes willful or wanton	1054
misconduct. Medical directors and members of cooperating	1055
physician advisory boards of emergency medical service	1056
organizations are not liable in damages in a civil action for	1057
injury, death, or loss to person or property resulting from their	1058
acts or omissions in the performance of their duties, unless the	1059
act or omission constitutes willful or wanton misconduct.	1060

(B) A political subdivision, joint ambulance district, joint	1061
emergency medical services district, or other public agency, and	1062
any officer or employee of a public agency or of a private	1063
organization operating under contract or in joint agreement with	1064
one or more political subdivisions, that provides emergency	1065
medical services, or that enters into a joint agreement or a	1066
contract with the state, any political subdivision, joint	1067
ambulance district, or joint emergency medical services district	1068
for the provision of emergency medical services, is not liable in	1069
damages in a civil action for injury, death, or loss to person or	1070
property arising out of any actions taken by a first responder,	1071
EMT-basic, EMT-I, or paramedic working under the officer's or	1072
employee's jurisdiction, or for injury, death, or loss to person	1073
or property arising out of any actions of licensed medical	1074
personnel advising or assisting the first responder, EMT-basic,	1075
EMT-I, or paramedic, unless the services are provided in a manner	1076
that constitutes willful or wanton misconduct.	1077

(C) A student who is enrolled in an emergency medical	1078
services training program accredited under section 4765.17 of the	1079
Revised Code or an emergency medical services continuing education	1080
program approved under that section is not liable in damages in a	1081
civil action for injury, death, or loss to person or property	1082
resulting from either of the following:	1083

(1) The student's administration of emergency medical	1084
services or patient care or treatment, if the services, care, or	1085
treatment is administered while the student is under the direct	1086
supervision and in the immediate presence of an EMT-basic, EMT-I,	1087
paramedic, registered nurse, or physician and while the student is	1088
receiving clinical training that is required by the program,	1089
unless the services, care, or treatment is provided in a manner	1090
that constitutes willful or wanton misconduct;	1091

(2) The student's training as an ambulance driver, unless	1092
the driving is done in a manner that constitutes willful or wanton	1093
misconduct.	1094

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	1095
holds a valid commercial driver's license issued pursuant to	1096
Chapter 4506. of the Revised Code or driver's license issued	1097
pursuant to Chapter 4507. of the Revised Code and who is employed	1098
by an emergency medical service organization that is not owned or	1099
operated by a political subdivision as defined in section 2744.01	1100
of the Revised Code, is not liable in damages in a civil action	1101
for injury, death, or loss to person or property that is caused by	1102
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	1103
or other operator while responding to or completing a call for	1104
emergency medical services, unless the operation constitutes	1105
willful or wanton misconduct or does not comply with the	1106
precautions of section 4511.03 of the Revised Code. An emergency	1107
medical service organization is not liable in damages in a civil	1108
action for any injury, death, or loss to person or property that	1109
is caused by the operation of an ambulance by its employee or	1110
agent, if this division grants the employee or agent immunity from	1111
civil liability for the injury, death, or loss.	1112

(E) An employee or agent of an emergency medical service	1113
organization who receives requests for emergency medical services	1114
that are directed to the organization, dispatches first	1115
responders, EMTs-basic, EMTs-I, or paramedics in response to such	1116
those requests, communicates suchthose requests to those	1117
employees or agents of the organization who are authorized to	1118
dispatch first responders, EMTs-basic, EMTs-I, or paramedics, or	1119
performs any combination of these functions for the organization,	1120
is not liable in damages in a civil action for injury, death, or	1121
loss to person or property resulting from the individual's acts or	1122
omissions in the performance of those duties for the organization,	1123
unless an act or omission constitutes willful or wanton	1124
misconduct.	1125

(F) A person who is performing the functions of a first	1126
responder, EMT-basic, EMT-I, or paramedic under the authority of	1127
the laws of a state that borders this state and who provides	1128
emergency medical services to or transportation of a patient in	1129
this state is not liable in damages in a civil action for injury,	1130
death, or loss to person or property resulting from the person's	1131
administration of emergency medical services, unless the services	1132
are administered in a manner that constitutes willful or wanton	1133
misconduct. A physician or registered nurse designated by a	1134
physician, who is licensed to practice in the adjoining state and	1135
who is advising or assisting in the emergency medical services by	1136
means of any communication device or telemetering system is not	1137
liable in damages in a civil action for injury, death, or loss to	1138
person or property resulting from the person's advisory	1139
communication or assistance, unless the advisory communication or	1140
assistance is provided in a manner that constitutes willful or	1141
wanton misconduct.	1142

(G) A person certified under section 4765.23 of the Revised	1143
Code to teach in an emergency medical services training program or	1144
emergency medical services continuing education program, and a	1145
person who teaches at the Ohio fire academy established under	1146
section 3737.33 of the Revised Code or in a fire service training	1147
program described in division (B) of section 4765.55 of the	1148
Revised Code, is not liable in damages in a civil action for	1149
injury, death, or loss to person or property resulting from the	1150
person's acts or omissions in the performance of the person's	1151
duties, unless an act or omission constitutes willful or wanton	1152
misconduct.	1153

(H) In the accreditation of emergency medical services	1154
training programs or approval of emergency medical services	1155
continuing education programs, the state board of emergency	1156
medical services and any person or entity authorized by the board	1157
to evaluate applications for accreditation or approval are not	1158
liable in damages in a civil action for injury, death, or loss to	1159
person or property resulting from their acts or omissions in the	1160
performance of their duties, unless an act or omission constitutes	1161
willful or wanton misconduct.	1162

(I) A person authorized by an emergency medical service	1163
organization to review the performance of first responders,	1164
EMTs-basic, EMTs-I, and paramedics or to administer quality	1165
assurance programs is not liable in damages in a civil action for	1166
injury, death, or loss to person or property resulting from the	1167
person's acts or omissions in the performance of the person's	1168
duties, unless an act or omission constitutes willful or wanton	1169
misconduct.	1170

Section 2. That existing sections 9.60, 146.01, 146.12,	1171
2743.02, 2909.01, 2921.22, 3737.01, 3737.03, 3737.16, 3737.21,	1172
3737.22, 3737.26, 3737.27, 3737.28, 3737.42, 3737.43, 3737.45,	1173
3737.81, and 4765.49 of the Revised Code are hereby repealed.	1174

Section 3. This act shall be known as the "Fire Marshal	1175
Modernization Act."	1176

Section 4.  Section 2921.22 of the Revised Code is presented	1177
in this act as a composite of the section as amended by both Am.	1178
Sub. H.B. 445 and Sub. S.B. 223 of the 121st General Assembly. The	1179
General Assembly, applying the principle stated in division (B) of	1180
section 1.52 of the Revised Code that amendments are to be	1181
harmonized if reasonably capable of simultaneous operation, finds	1182
that the composite is the resulting version of the section in	1183
effect prior to the effective date of the section as presented in	1184
this act.	1185