Section 1. That sections 9.60, 146.01, 146.12, 2743.02, | 28 |
2909.01,
2921.22, 3737.01, 3737.03,
3737.16, 3737.21, 3737.22, | 29 |
3737.26, 3737.27,
3737.28, 3737.42, 3737.43, 3737.45, 3737.81, | 30 |
4506.02, and 4765.49 be
amended and sections
124.1310 and 3737.221 | 31 |
of the Revised
Code be enacted to read
as follows: | 32 |
(D)(1) Any firefighting agency
other than the office of the | 66 |
state fire marshal, private
fire company, or
public
or private | 67 |
emergency medical service
organization may provide fire
protection | 68 |
or emergency medical services,
as appropriate, to any
governmental | 69 |
entity in this state
or another jurisdiction, without
a
contract | 70 |
to provide fire protection or emergency medical
services, upon
the | 71 |
approval of the
governing board of the agency,
company, or | 72 |
organization and upon authorization
by an officer or
employee of | 73 |
the
agency,
company, or organization designated by
that | 74 |
individual's
title, office, or position pursuant to the | 75 |
authorization
of the governing board of the agency, company,
or | 76 |
organization. | 77 |
(G)(1) The office of the state fire marshal, when providing | 111 |
services pursuant to this section, is liable for injury, death, or | 112 |
loss to person or property caused by the negligent operation of | 113 |
any motor vehicle by its employees upon the public roads, | 114 |
highways, or streets in the state when the employees are engaged | 115 |
within the
scope of their employment and authority, without regard | 116 |
to the proximity of, that operation to the office of the state | 117 |
fire
marshal. Notwithstanding division
(A)(1) of section 2743.02 | 118 |
of the
Revised Code, the following are
full defenses to that | 119 |
liability: | 120 |
(2) An
employee of the office of the state fire marshal, when | 133 |
providing services pursuant to this section, is immune from | 134 |
liability for injury, death, or loss to person or property caused | 135 |
by the operation of any motor vehicle upon the public roads, | 136 |
highways, or streets in the state, without regard to the proximity | 137 |
of that operation to the office of the state fire marshal, unless | 138 |
one of the following applies: | 139 |
(B) To the parent, guardian, or other persons upon whom a | 218 |
child of a volunteer
fire fighterfirefighter is dependent for | 219 |
chief support,
the sum of
sixty-fiveone hundred twenty-five | 220 |
dollars per month
for each dependent child
of such volunteer fire | 221 |
fighter. Such
payments shall continue
until the dependent child | 222 |
is eighteen
years oldunder eighteen years of age, or under | 223 |
twenty-three years
of age if the child is attending a | 224 |
post-secondary educational
institution and is completing a program | 225 |
of instruction each school year that satisfies the
equivalent of | 226 |
at least two-thirds of the
full-time curriculum
requirements of | 227 |
the institution. | 228 |
Sec. 2743.02. (A)(1) The state hereby waives its immunity | 235 |
from liability, except as provided for the office of the state | 236 |
fire marshal in division (G)(1) of section 9.60 and division (B) | 237 |
of section 3737.221 of the Revised Code, and consents to be sued, | 238 |
and have its liability
determined, in the court of claims created | 239 |
in this chapter in
accordance with the same rules of law | 240 |
applicable to suits between
private parties, except that the | 241 |
determination of liability is
subject to the limitations set forth | 242 |
in this chapter and, in the
case of state universities or | 243 |
colleges, in section 3345.40 of the
Revised Code, and except as | 244 |
provided in division (A)(2) of this
section. To the extent that | 245 |
the state has previously consented
to be sued, this chapter has no | 246 |
applicability. | 247 |
Except in the case of a civil action filed by the state, | 248 |
filing a civil action in the court of claims results in a
complete | 249 |
waiver of any cause of action, based on the same act or
omission, | 250 |
which the filing party has against any officer or
employee, as | 251 |
defined in section 109.36 of the Revised Code. The
waiver shall | 252 |
be void if the court determines that the act or
omission was | 253 |
manifestly outside the scope of the officer's or
employee's office | 254 |
or employment or that the officer or employee
acted with malicious | 255 |
purpose, in bad faith, or in a wanton or
reckless manner. | 256 |
(B) The state hereby waives the immunity from liability of | 265 |
all hospitals owned or operated by one or more political | 266 |
subdivisions and consents for them to be sued, and to have their | 267 |
liability determined, in the court of common pleas, in accordance | 268 |
with the same rules of law applicable to suits between private | 269 |
parties, subject to the limitations set forth in this chapter. | 270 |
This division is also applicable to hospitals owned or operated
by | 271 |
political subdivisions which have been determined by the
supreme | 272 |
court to be subject to suit prior to July 28, 1975. | 273 |
(C) Any hospital, as defined under section 2305.11 of the | 274 |
Revised Code, may purchase liability insurance covering its | 275 |
operations and activities and its agents, employees, nurses, | 276 |
interns, residents, staff, and members of the governing board and | 277 |
committees, and, whether or not such insurance is purchased, may, | 278 |
to such extent as its governing board considers appropriate, | 279 |
indemnify or agree to indemnify and hold harmless any such person | 280 |
against expense, including attorney's fees, damage, loss, or
other | 281 |
liability arising out of, or claimed to have arisen out of,
the | 282 |
death, disease, or injury of any person as a result of the | 283 |
negligence, malpractice, or other action or inaction of the | 284 |
indemnified person while acting within the scope of
histhe | 285 |
indemnified person's duties or engaged in activities at the | 286 |
request or
direction, or for the benefit, of the hospital. Any | 287 |
hospital electing to
indemnify
such persons, or to agree to so | 288 |
indemnify, shall reserve such
funds as are necessary, in the | 289 |
exercise of sound and prudent
actuarial judgment, to cover the | 290 |
potential expense, fees, damage,
loss, or other liability. The | 291 |
superintendent of insurance may
recommend, or, if such hospital | 292 |
requests
himthe superintendent
to do so, the
superintendent shall | 293 |
recommend, a specific amount for any period
that, in
histhe | 294 |
superintendent's opinion, represents such a
judgment. This | 295 |
authority is in addition to any authorization otherwise
provided | 296 |
or
permitted by law. | 297 |
(F) A civil action against an officer or employee, as | 311 |
defined in section 109.36 of the Revised Code, that alleges that | 312 |
the officer's or employee's conduct was manifestly outside the | 313 |
scope of
histhe officer's or employee's employment or official | 314 |
responsibilities, or that the
officer or employee acted with | 315 |
malicious purpose, in bad faith,
or in a wanton or reckless manner | 316 |
shall first be filed against
the state in the court of claims, | 317 |
which has exclusive, original
jurisdiction to determine, | 318 |
initially, whether the officer or
employee is entitled to personal | 319 |
immunity under section 9.86 of
the Revised Code and whether the | 320 |
courts of common pleas have
jurisdiction over the civil action. | 321 |
(B) Except for conditions that are within the scope of | 381 |
division (E) of this section, no
person who is a physician, | 382 |
limited
practitioner, nurse, or other person giving aid to a sick | 383 |
or injured person
shall
negligently fail to report to law | 384 |
enforcement authorities any
gunshot or stab wound
that the person | 385 |
treated or observed
by the
physician, limited practitioner, nurse, | 386 |
or person, or any serious physical
harm to persons that the | 387 |
physician, limited practitioner, nurse, or
person knows or has | 388 |
reasonable cause to
believe resulted from an offense of violence. | 389 |
(C) No person who discovers the body or acquires the first | 390 |
knowledge of the death of a person shall fail to report the
death | 391 |
immediately to a physician whom the person knows to be
treating | 392 |
the deceased for a condition from which death at such
time would | 393 |
not be unexpected, or to a law enforcement officer,
an ambulance | 394 |
service,
an emergency squad, or the coroner in a political | 395 |
subdivision in which the body is discovered, the death is
believed | 396 |
to have occurred, or knowledge concerning the death is
obtained. | 397 |
(2) No physician, nurse, or limited practitioner who, | 415 |
outside a hospital, sanitarium, or other medical facility,
attends | 416 |
or treats a person who has sustained a burn injury
that is | 417 |
inflicted by an
explosion or other incendiary device, or that | 418 |
shows evidence of
having been inflicted in a violent, malicious, | 419 |
or criminal manner,
shall fail to report the burn injury | 420 |
immediately to the local
arson, or fire and explosion | 421 |
investigation, bureau, if there is
such a bureau
of this type in | 422 |
the jurisdiction in
which the person is attended or treated,
or | 423 |
otherwise to local law
enforcement authorities. | 424 |
(3) No manager, superintendent, or other person in charge
of | 425 |
a hospital, sanitarium, or other medical facility in which a | 426 |
person is attended or treated for any burn injury
that is | 427 |
inflicted by an
explosion or other incendiary device, or that | 428 |
shows evidence of
having been inflicted in a violent, malicious, | 429 |
or criminal
manner,
shall fail to report the burn injury | 430 |
immediately to the
local
arson, or fire and explosion | 431 |
investigation, bureau, if there is
such a bureau
of this type in | 432 |
the jurisdiction
in
which the person is attended or treated, or | 433 |
otherwise to local
law
enforcement authorities. | 434 |
(F)(1) Any doctor of medicine or osteopathic medicine, | 452 |
hospital intern or
resident, registered or licensed practical | 453 |
nurse, psychologist, social worker,
independent social worker, | 454 |
social work assistant, professional
clinical counselor, or | 455 |
professional counselor who knows or has reasonable
cause to | 456 |
believe that a patient or client
has been the victim of domestic | 457 |
violence, as defined in section 3113.31 of the
Revised Code, shall | 458 |
note that knowledge or belief and the basis for it in the | 459 |
patient's or client's records. | 460 |
(1) The information is privileged by reason of the | 470 |
relationship between attorney and client; doctor and
patient; | 471 |
licensed psychologist or licensed school psychologist
and client; | 472 |
member of the clergy, rabbi,
minister, or priest and any person | 473 |
communicating information confidentially to the member of the | 474 |
clergy
clergyman, rabbi, minister, or priest for a religious | 475 |
counseling purpose
the of a professional
character
of the member | 476 |
of the clergy, rabbi, minister, or priest;
husband and wife; or a | 477 |
communications
assistant and those who are a party to
a | 478 |
telecommunications relay service call. | 479 |
(6) Disclosure would amount to revealing information | 498 |
acquired by the actor in the course of the actor's duties in | 499 |
connection with a bona fide program for providing counseling | 500 |
services to
victims of crimes that are violations of section | 501 |
2907.02 or
2907.05 of the Revised Code or to victims of felonious | 502 |
sexual penetration in
violation of former section 2907.12 of the | 503 |
Revised Code. As used in this
division, "counseling services" | 504 |
include services provided in an
informal setting by a person who, | 505 |
by education or experience, is
competent to provide
suchthose | 506 |
services. | 507 |
(A) "Assistant fire marshal" means any person
directlywho | 524 |
is
employed by the fire marshal
and who
is
involved incarries out | 525 |
specific duties assigned by the fire marshal,
including, but
not | 526 |
limited to, enforcement of Chapters 3731., 3737., and
3743. of the | 527 |
Revised Code, fire
inspection, fire code enforcement,
fire | 528 |
investigation, fire prevention,
hazardous materials
incidents, or | 529 |
the regulation of underground storage tank systems
as
that term is | 530 |
defined in section 3737.87 of the Revised Code. | 531 |
(B) Recommend revisions in the rules included in the state | 556 |
fire code adopted by the fire marshal. The recommendations may | 557 |
propose the adoption of new rules or the amendment or repeal of | 558 |
existing rules. The commission shall file its recommendations in | 559 |
the office of the fire marshal, and, within sixty days after the | 560 |
recommendations are filed, the fire marshal shall file with the | 561 |
chairmanchairperson of the commission
histhe fire
marshal's | 562 |
comments on, and proposed action in response to, the | 563 |
recommendations. | 564 |
(C) Maintain the Ohio fire service hall of fame. In | 565 |
maintaining the hall of fame, the commission shall keep official | 566 |
commendations that recognize
and commemorate exemplary | 567 |
accomplishments and acts of heroism by
firefighters and other | 568 |
persons at fire-related incidents or
similar events occurring in | 569 |
the state. The commission may adopt
criteria and guidelines for | 570 |
selecting individuals for that
recognition and commemoration. The | 571 |
recognition and commemoration
of individuals may occur annually | 572 |
and include an annual awards
ceremony. The expenses
associated | 573 |
with the recognition and commemoration of individuals
shall be | 574 |
paid in accordance with division (F) of section 3737.81
of the | 575 |
Revised Code. | 576 |
Sec. 3737.16. (A) The fire marshal, any assistant fire | 577 |
marshal, the chief
or any deputy of the
arsonfire and explosion | 578 |
investigation bureau established
pursuant to section 3737.22 of | 579 |
the Revised Code, the chief of a
fire department of any municipal | 580 |
corporation or township where a
fire department is established, | 581 |
the fire prevention officer of
any
municipal corporation or | 582 |
township where no fire department
exists,
any federal, state, or | 583 |
local law enforcement agency, or
the
prosecuting attorney of any | 584 |
county may request any insurance
company that has investigated or | 585 |
is investigating a fire loss or
potential fire loss of real or | 586 |
personal property to release any
information in its possession | 587 |
relative to that loss or potential
loss. The company shall | 588 |
release the information and cooperate
with any official authorized | 589 |
to request
suchthe information
pursuant
tounder this section. | 590 |
The information shall include, but is not
limited to, the | 591 |
following: | 592 |
(B) If an insurance company has reason to suspect that a | 601 |
fire loss to its insured's real or personal property was caused
by | 602 |
incendiary means, the company shall notify the fire marshal
and | 603 |
the prosecuting attorney of the county in which the loss
occurred, | 604 |
and furnish them with all relevant material acquired
during its | 605 |
investigation of the fire loss, cooperate with and
take such | 606 |
action as may be requested of it by any federal, state,
or local | 607 |
law enforcement agency, and permit any other person
ordered by a | 608 |
court to inspect any of its records pertaining to
the policy and | 609 |
the loss. | 610 |
(C) If an agency, official, or officer mentioned in
division | 611 |
(A) or (B) of this section has received information
pursuant to | 612 |
under those divisions from an insurance company that has | 613 |
investigated or
is investigating a fire loss of real or personal | 614 |
property, the
agency, official, or officer may release to, and | 615 |
share with, the
insurance company any information in
histhe | 616 |
agency's, official's,
or officer's possession relative to
suchthe | 617 |
loss, upon
the request of
the
insurance company. | 618 |
(B) When a vacancy occurs in the position of fire marshal, | 667 |
the director shall notify the state fire commission. The | 668 |
commission shall communicate the fact of the vacancy by regular | 669 |
mail to all fire chiefs and fire protection engineers known to
the | 670 |
commission, or whose identity may be ascertained by the
commission | 671 |
by the exercise of due diligence. The commission
shall, no | 672 |
earlier than thirty days after mailing the
notification,
shall | 673 |
compile a list of all applicants for the position
of fire marshal | 674 |
who are qualified under this section. The
commission shall submit | 675 |
the names of at least three persons on
the list to the director. | 676 |
The director shall appoint the fire
marshal from the list of at | 677 |
least three names or may request the
commission to submit | 678 |
additional names. | 679 |
(B) The fire marshal shall appoint a chief deputy
fire | 726 |
marshal, and
shall
employ professional and clerical
assistance | 727 |
assistants as the fire
marshal
considers
necessary. The chief | 728 |
deputy shall be a
competent former
or current member
of a fire | 729 |
agency and possess
five years of
recent, progressively more | 730 |
responsible experience in
fire
inspection, fire code enforcement, | 731 |
and fire code management.
AllThe chief deputy, with the approval | 732 |
of the director of commerce, shall temporarily assume the duties | 733 |
of the fire marshal when the fire marshal is absent or temporarily | 734 |
unable to carry out the duties of the office. When there is a | 735 |
vacancy in the office of fire marshal, the chief deputy, with the | 736 |
approval of the director of commerce, shall temporarily assume the | 737 |
duties of the fire marshal until a new fire marshal is appointed | 738 |
under section 3737.21 of the Revised Code. | 739 |
All employees, other than
the fire marshal,; the
chief | 740 |
deputy,fire marshal; the
superintendent of the Ohio
fire | 741 |
academy,; the grants
administrator,;
the fiscal officer,; the | 742 |
executive secretary to the
state fire
marshal,; legal counsel; the | 743 |
pyrotechnics administrator, the chief of the forensic
laboratory; | 744 |
the person appointed by the fire marshal to serve as
administrator | 745 |
over functions concerning testing, license
examinations, and the | 746 |
issuance of permits and certificates; and
the
chiefs
of
the
bureau | 747 |
bureaus of fire prevention,
the arson
bureau, the
arson crime | 748 |
laboratoryof fire and explosion
investigation, of code | 749 |
enforcement, and
the bureau of underground storage
tanks, shall
be | 750 |
in the
classified civil
service. The fire
marshal
shall
authorize | 751 |
the
chief deputy and other employees
under the
fire
marshal's | 752 |
supervision to exercise powers
granted to the fire
marshal by law | 753 |
as
may be necessary to carry out the duties of the
fire marshal's | 754 |
office. | 755 |
(C) The fire marshal shall create, in and as a part of the | 756 |
office of fire marshal,
an arsona fire and explosion | 757 |
investigation bureau consisting of a chief of
the bureau, and
such | 758 |
additional assistant fire marshals as the
fire marshal determines | 759 |
necessary for the efficient
administration
of the bureau. The | 760 |
chief shall be experienced in
the
investigation of the cause, | 761 |
origin, and circumstances of
fires,
and in administration, | 762 |
including the supervision of
subordinates.
The chief, among other | 763 |
duties delegated to the
chief by
the fire
marshal, shall be | 764 |
responsible, under the direction of
the fire
marshal, for the | 765 |
investigation of the cause, origin, and
circumstances of
each
fire | 766 |
fires and explosions in the state, and for
assistance in the | 767 |
prosecution of persons
believed to
be guilty of arson or a similar | 768 |
crime. | 769 |
(D)
At
the fire marshal's discretion, the(1) The fire | 770 |
marshal shall create, as part of the office of
fire marshal, a | 771 |
bureau of code enforcement consisting of a chief
of the bureau and | 772 |
additional assistant fire marshals as the fire
marshal determines | 773 |
necessary for the efficient administration of
the bureau. The | 774 |
chief shall be qualified, by education or
experience, in fire | 775 |
inspection, fire code development, fire code
enforcement, or any | 776 |
other similar
field determined by the fire marshal, and in | 777 |
administration,
including the supervision of subordinates. The | 778 |
chief is
responsible, under the direction of the fire marshal, for | 779 |
fire
inspection, fire code development, fire code enforcement, | 780 |
and any
other duties delegated to the chief by the fire marshal. | 781 |
(2) The fire marshal,
or
the
chief deputy
under the | 782 |
direction of the fire marshal,
the
chief of the bureau of code | 783 |
enforcement, or any assistant fire
marshal under the direction of | 784 |
the fire marshal, the chief deputy fire marshal, or the chief of | 785 |
the bureau of code enforcement
may
cause
the
inspection to be | 786 |
conducted
the inspection of
all buildings, structures,
and other | 787 |
places, the
condition of
which may be dangerous from a
fire safety | 788 |
standpoint to life or
property, or to property
adjacent
theretoto | 789 |
the buildings,
structures, or other places. | 790 |
(E) The fire marshal shall create, as a part of the office | 791 |
of fire marshal, a bureau of fire prevention consisting of a
chief | 792 |
of the bureau, and
such additional assistant fire marshals
as the | 793 |
fire marshal determines necessary for the efficient
administration | 794 |
of the bureau. The chief shall be qualified, by
education or | 795 |
experience, to promote programs for rural and urban
fire | 796 |
prevention and protection. The chief, among other duties | 797 |
delegated to the chief by the fire marshal, is responsible,
under | 798 |
the
direction of the fire marshal, for the promotion of rural and | 799 |
urban fire prevention and protection through public information | 800 |
and education programs. | 801 |
(F)
The fire marshal shall cooperate with the director of | 802 |
job and family services when the director
promulgatesadopts rules | 803 |
pursuant tounder section 5104.052 of the Revised Code regarding | 804 |
fire
prevention
and fire safety in certified type B family | 805 |
day-care
homes, as
defined in section 5104.01 of the Revised Code, | 806 |
recommend
procedures for inspecting type B homes to determine | 807 |
whether they
are in compliance with those rules, and provide | 808 |
training and
technical assistance to the director and county | 809 |
directors of
job and family services on the procedures for | 810 |
determining
compliance with
those rules. | 811 |
(G) The fire marshal, upon request of a provider of child | 812 |
day-care in a type B home that is not certified by the county | 813 |
director of job and family services, as a precondition of
approval | 814 |
by the
state board of education
pursuant tounder section 3313.813 | 815 |
of
the
Revised Code for receipt of United States department of | 816 |
agriculture child and adult care food program funds established | 817 |
under
the
"National School Lunch Act," 60 Stat. 230 (1946), 42 | 818 |
U.S.C. 1751,
as amended, shall inspect the type B home to | 819 |
determine compliance
with rules
promulgated pursuant toadopted | 820 |
under section
5104.052 of the
Revised Code regarding fire | 821 |
prevention and fire
safety in
certified type B homes. In | 822 |
municipal corporations and
in
townships where there is a certified | 823 |
fire safety inspector, the
inspections shall be made by that | 824 |
inspector under the supervision
of the fire marshal, according to | 825 |
rules
promulgated pursuant toadopted under section 5104.052 of | 826 |
the Revised Code. In townships outside
municipal corporations | 827 |
where there is no certified fire safety
inspector, inspections | 828 |
shall be made by the fire marshal. | 829 |
(B) The office of the fire marshal is liable for injury, | 837 |
death, or loss to person or property caused by the negligent | 838 |
operation of any motor vehicle by its employees upon the public | 839 |
roads, highways, or streets in the state when the employees are | 840 |
engaged within
the scope of their employment and authority, | 841 |
without regard to the proximity of that operation to the office of | 842 |
the fire marshal. Notwithstanding
division (A)(1) of section | 843 |
2743.02 of the Revised Code, a full
defense to that liability is | 844 |
that if the fire marshal, the chief
deputy fire marshal, or an | 845 |
assistant fire marshal was operating
the motor vehicle, the fire | 846 |
marshal, chief deputy fire marshal, or
assistant fire marshal was | 847 |
acting within the scope of division
(A)(2), (4), or (13) of | 848 |
section 3737.22, or section 3737.24 or
3737.26, of the Revised | 849 |
Code and the operation of the vehicle did
not constitute willful | 850 |
or wanton misconduct. | 851 |
(C) The fire marshal, the chief deputy fire marshal, and any | 852 |
assistant fire marshal is immune from liability for injury, death, | 853 |
or loss to person or property caused by the operation of any motor | 854 |
vehicle upon the public roads, highways, or streets in the state | 855 |
when acting within the scope of division
(A)(2), (4), or (13) of | 856 |
section 3737.22, or section 3737.24 or 3737.26,
of the Revised | 857 |
Code, without regard to the proximity of that operation to the | 858 |
office of the fire marshal, unless one of the following applies: | 859 |
Sec. 3737.26. If the fire marshal or an assistant fire | 864 |
marshal, is of the
opiniondetermines that there is evidence | 865 |
sufficient to charge a person with arson or a
similar crime, or | 866 |
with a violation of section 3737.62 of the Revised Code,
he shall | 867 |
the marshal or assistant marshal may arrest
suchthe person or | 868 |
cause
himthe person to be arrested and charged with
suchthe | 869 |
offense.
SuchThe fire marshal or assistant
marshallfire marshal | 870 |
shall
furnishprovide the prosecuting
attorney
suchthe evidence, | 871 |
with the names
of witnesses, and a copy of material
testimony | 872 |
taken in the case. | 873 |
Sec. 3737.28. The fire marshal or an assistant fire marshal | 880 |
may administer
an
oath to any person appearing as a witness before | 881 |
himthe fire marshal or
assistant fire marshal. No witness shall | 882 |
refuse
to
be sworn
or, refuse to testify,
or disobey an order of | 883 |
the
fire marshal,
or
of
an
assistant
fire marshal, or fail or | 884 |
refuse to produce a book,
paper,
or document, or record, | 885 |
regardless of physical form or characteristic,
concerning a matter | 886 |
under examination, or be
guilty of
contemptuous conduct
after | 887 |
being summoned by
such
officerthe fire
marshal or an assistant | 888 |
fire marshal to appear before
himthe
fire
marshal or assistant | 889 |
fire marshal to
give testimony in
relation to
a matter or subject | 890 |
under
investigation. | 891 |
Sec. 3737.42. (A) If, upon inspection or investigation,
the | 892 |
fire marshal, an assistant fire marshal, or a certified fire | 893 |
safety inspector believes that the state fire code
or an | 894 |
associated order has been
violated,
hethe fire marshal, assistant | 895 |
fire marshal, or
certified
fire safety inspector shall, with | 896 |
reasonable promptness,
issue a citation
to
the responsible person. | 897 |
Each citation shall
be in writing and
shall describe with | 898 |
particularity the nature of
the violation,
including a reference | 899 |
to the provision of the state
fire code or
associated order | 900 |
alleged to have been violated. In addition,
the citation
shall | 901 |
fix a reasonable time for the abatement of the
violation.
When the | 902 |
citation is issued by
an officer other than
the fire
marshala | 903 |
certified fire safety inspector or an assistant
fire marshal, a | 904 |
copy of the citation shall be furnished to the
fire
marshal. | 905 |
Sec. 3737.43. (A) If, after an inspection or
investigation, | 914 |
an officerthe fire marshal, an assistant fire marshal, or a | 915 |
certified fire safety inspector issues a citation under section | 916 |
3737.41
or 3737.42 of the Revised Code,
hethe issuing authority | 917 |
shall, within a
reasonable time after such inspection or | 918 |
investigation
and in accordance with Chapter 119. of the Revised | 919 |
Code, notify the responsible
person
by certified mail of the | 920 |
citation and penalty, if any,
proposed to be assessed under | 921 |
section 3737.51 of the Revised
Code, and of the responsible | 922 |
person's right to appeal
the citation and penalty, under Chapter | 923 |
119. of the Revised Code, to the state
board of building appeals | 924 |
established under section
3781.19 of the Revised Code within | 925 |
thirty days after
receipt of the notice. | 926 |
Sec. 3737.45. If any responsible person fails to comply
with | 940 |
an order of the fire marshal, an assistant fire marshal, or
a | 941 |
certified fire safety inspector as finally affirmed or modified
by | 942 |
the
hearing officer pursuant tostate board of building appeals | 943 |
under section 3737.43 of the Revised
Code, within the time fixed | 944 |
in
suchthe order, then
such officerthe fire marshal, assistant | 945 |
fire marshal, or certified fire safety inspector may
file a | 946 |
complaint in
the court of common pleas of the county where
the | 947 |
property is
located for a court order authorizing
himthe fire | 948 |
marshal,
assistant fire marshal, or certified fire safety | 949 |
inspector to
cause the building, structure, or premises to be | 950 |
repaired,or
demolished, materials
to be removed, and all | 951 |
dangerous conditions
to be
remedied, if such was the mandate of | 952 |
the order as affirmed or
modified by the
hearing officerstate | 953 |
board of building appeals, at the expense of the
responsible | 954 |
person. If the responsible person, within thirty
days thereafter, | 955 |
fails, neglects, or refuses to pay the expense
that would be | 956 |
incurred in enforcing the
court order of the
court of common
pleas | 957 |
court
under this section, the court shall order that the
real | 958 |
estate
upon which the building, structure, or premises is or
was | 959 |
situated
be sold pursuant to Chapter 2329. of the Revised
Code, | 960 |
except as
otherwise provided in this section. The proceeds
of the | 961 |
sale
shall be credited to the fire marshal's fund. The
fire | 962 |
marshal
shall use the proceeds of the sale to cause the
repair or | 963 |
demolition of any building, structure, or premises, the
removal of | 964 |
materials, or the remedy of all dangerous conditions
unless the | 965 |
purchaser of the real estate enters into an agreement
with the | 966 |
court to perform the repair, demolition, removal, or
remedy within | 967 |
a time period acceptable to the court. No bid of a
prospective | 968 |
purchaser shall be acceptable which is insufficient
to pay the | 969 |
expense
whichthat the fire marshal would incur. If the
amount | 970 |
received from the sale exceeds the expense
whichthat the fire | 971 |
marshal
would incur, the court shall direct the payment of the | 972 |
surplus
first to those parties with encumbrances, mortgages, or | 973 |
liens on
the real estate in order of their priority, and then to | 974 |
the
responsible person or into the court for its use and benefit. | 975 |
Sec. 3737.81. (A) There is hereby created the state fire | 976 |
commission consisting of ten members to be appointed by the | 977 |
governor with the advice and consent of the senate. The fire | 978 |
marshal or
his
chief deputy
fire marshal, a representative | 979 |
designated by the
department of public safety who has tenure in | 980 |
fire suppression,
and a representative designated by the board of | 981 |
building
standards shall be ex officio members. Of the initial | 982 |
appointments made to the commission, two shall be for a term | 983 |
ending one year after
the effective date of this sectionNovember | 984 |
1, 1978, two shall be for a term ending two years after that date, | 985 |
two shall be for a term ending three years after that date, two | 986 |
shall be for a term ending four years after that date, and two | 987 |
shall be for a term ending five years after that date.
Thereafter, | 988 |
terms of office shall be for five years, each term
ending on the | 989 |
same day of the same month of the year as did the
term which it | 990 |
succeeds. Each member shall hold office from the
date of
his | 991 |
appointment until the end of the term for which
hethe member was | 992 |
appointed. Any member appointed to fill a vacancy
occurring
prior | 993 |
to the expiration of the term for which
histhe member's | 994 |
predecessor was
appointed shall hold office for the remainder of | 995 |
suchthat term. Any
member shall continue in office subsequent to | 996 |
the expiration date
of
histhe member's term until
hisa successor | 997 |
takes office, or until a period
of sixty days has elapsed, | 998 |
whichever occurs first. Members shall
be qualified by experience | 999 |
and training to deal with the matters
that are the responsibility | 1000 |
of the commission. Two members shall
be members of paid fire | 1001 |
services, one shall be a member of
volunteer fire services, two | 1002 |
shall be mayors, managers, or
members of legislative authorities | 1003 |
of
municipalitiesmunicipal corporations, one shall
represent | 1004 |
commerce and industry, one shall be a representative of
a fire | 1005 |
insurance company domiciled in this state, one shall
represent the | 1006 |
flammable liquids industry, one shall represent the
construction | 1007 |
industry, and one shall represent the public. At no
time shall | 1008 |
more than six members be members of or associated with
the same | 1009 |
political party. Membership on the commission shall not | 1010 |
constitute holding a public office, and no person shall forfeit or | 1011 |
otherwise vacate
histhe person's office or position of
employment | 1012 |
because of membership on the commission. | 1013 |
(E) The fire marshal shall provide the commission with | 1030 |
office space, meeting rooms, staff, and clerical assistance | 1031 |
necessary for the commission to perform its duties.
If the | 1032 |
commission maintains the Ohio fire service hall of fame under | 1033 |
division (C) of section 3737.03 of the Revised Code, the fire | 1034 |
marshal shall preserve, in an appropriate manner, in the office | 1035 |
space or meeting rooms provided to the commission under this | 1036 |
division or in another location, copies of all official | 1037 |
commendations awarded to individuals recognized and commemorated | 1038 |
for their exemplary accomplishments and acts of heroism at | 1039 |
fire-related incidents or similar events that occurred in this | 1040 |
state. | 1041 |
(F) If the commission maintains the Ohio fire service hall | 1042 |
of fame under division (C) of section 3737.03 of the Revised Code, | 1043 |
the expenses incurred for the recognition and commemoration of | 1044 |
individuals for their exemplary accomplishments and acts of | 1045 |
heroism at fire-related incidents or similar events that occurred | 1046 |
in this state, including, but not limited to, expenses for | 1047 |
official commendations and an annual awards ceremony as described | 1048 |
in division (C) of
section 3737.03 of the Revised Code, may be | 1049 |
paid from moneys
appropriated by the general assembly for purposes | 1050 |
of that
recognition and commemoration, from moneys that are | 1051 |
available to
the fire marshal under this chapter, or from other | 1052 |
funding sources available to the commission.
| 1053 |
(5) A commercial motor vehicle within the boundaries of an | 1062 |
eligible unit of
local government, if the person is employed by | 1063 |
the eligible unit of local
government and is operating the | 1064 |
commercial motor vehicle for the purpose of
removing snow or ice | 1065 |
from a roadway by plowing, sanding, or salting, but only
if either | 1066 |
the employee who holds a commercial driver's license issued under | 1067 |
this chapter and ordinarily operates a commercial motor vehicle | 1068 |
for these
purposes is unable to operate the vehicle, or the | 1069 |
employing eligible unit of
local government determines that a snow | 1070 |
or ice emergency exists that requires
additional assistance;. | 1071 |
Nothing contained in this division shall be construed as | 1072 |
preempting or superseding any law or rule of this state concerning | 1073 |
the safe operation of commercial motor vehicles. | 1074 |
(2)
"Farm truck" means a truck controlled and operated by
a | 1098 |
farmer for use in the transportation to or from a farm, for a | 1099 |
distance of no more than one hundred fifty miles, of products of | 1100 |
the farm, including livestock and its products, poultry and its | 1101 |
products, floricultural and horticultural products, and in the | 1102 |
transportation to the farm, from a distance of no more than one | 1103 |
hundred fifty miles, of supplies for the farm, including tile, | 1104 |
fence, and every other thing or commodity used in agricultural, | 1105 |
floricultural, horticultural, livestock, and poultry production, | 1106 |
and livestock, poultry, and other animals and things used for | 1107 |
breeding, feeding, or other purposes connected with the operation | 1108 |
of the farm, when the truck is operated in accordance with this | 1109 |
division and is not used in the operations of a motor | 1110 |
transportation company or private motor carrier. | 1111 |
Sec. 4765.49. (A) A first responder, emergency
medical | 1118 |
technician-basic, emergency medical technician-intermediate, or | 1119 |
emergency medical technician-paramedic is not liable in
damages in | 1120 |
a civil action for injury, death, or loss to person or property | 1121 |
resulting from the individual's administration of emergency | 1122 |
medical services,
unless the services are administered
in a manner | 1123 |
that constitutes willful or wanton misconduct. A
physician or | 1124 |
registered nurse designated by a physician, who is
advising or | 1125 |
assisting in the emergency medical services by means
of any | 1126 |
communication device or telemetering system, is not liable
in | 1127 |
damages in a civil action for injury, death, or loss to person
or | 1128 |
property resulting from the individual's advisory communication
or | 1129 |
assistance, unless the advisory communication or assistance is | 1130 |
provided in a manner that constitutes willful or wanton | 1131 |
misconduct. Medical directors and members of cooperating | 1132 |
physician advisory boards of emergency medical service | 1133 |
organizations are not liable in damages in a civil action for | 1134 |
injury, death, or loss to person or property resulting from their | 1135 |
acts or omissions in the performance of their duties, unless
the | 1136 |
act or omission constitutes willful or wanton misconduct. | 1137 |
(B) A political subdivision, joint ambulance district, joint | 1138 |
emergency
medical services district, or
other public agency, and | 1139 |
any officer or employee of a public
agency or of a private | 1140 |
organization operating under contract or
in joint agreement with | 1141 |
one or more political subdivisions, that
provides emergency | 1142 |
medical services, or that enters into a joint
agreement or a | 1143 |
contract with the state, any political
subdivision, joint | 1144 |
ambulance district, or joint emergency medical
services district | 1145 |
for the provision of
emergency medical services, is not liable in | 1146 |
damages in a civil
action for injury, death, or loss to person or | 1147 |
property arising
out of any actions taken by a first responder, | 1148 |
EMT-basic, EMT-I, or paramedic working under the officer's
or | 1149 |
employee's jurisdiction, or for
injury, death, or loss to person | 1150 |
or property arising out of any
actions of licensed medical | 1151 |
personnel advising or assisting the
first responder, EMT-basic, | 1152 |
EMT-I, or
paramedic, unless the services are provided in a manner | 1153 |
that constitutes
willful or wanton misconduct. | 1154 |
(1) The student's administration of emergency medical | 1161 |
services or patient care or treatment, if the services, care, or | 1162 |
treatment is administered while the student is under the direct | 1163 |
supervision and in the immediate presence of an
EMT-basic, EMT-I, | 1164 |
paramedic, registered nurse, or physician and while the student
is | 1165 |
receiving clinical training that is required by the program, | 1166 |
unless the services, care, or treatment is provided in a manner | 1167 |
that constitutes willful or wanton misconduct; | 1168 |
(D) An EMT-basic, EMT-I, paramedic, or other operator, who | 1172 |
holds a valid commercial driver's license issued pursuant to | 1173 |
Chapter 4506. of the Revised Code or driver's license issued | 1174 |
pursuant to Chapter 4507. of the Revised Code and who is employed | 1175 |
by an emergency medical service organization that is not owned or | 1176 |
operated by a political subdivision as defined in section 2744.01 | 1177 |
of the Revised Code, is not liable in damages in a civil action | 1178 |
for injury, death, or loss to person or property that is caused
by | 1179 |
the operation of an ambulance by the EMT-basic, EMT-I,
paramedic, | 1180 |
or other operator while responding to or completing a call for | 1181 |
emergency medical services, unless the operation constitutes | 1182 |
willful or wanton misconduct or does not comply with the | 1183 |
precautions of section 4511.03 of the Revised Code. An emergency | 1184 |
medical service organization is not liable in damages in a civil | 1185 |
action for any injury, death, or loss to person or property that | 1186 |
is caused by the operation of an ambulance by its employee or | 1187 |
agent, if this division grants the employee or agent immunity
from | 1188 |
civil liability for the injury, death, or loss. | 1189 |
(E) An employee or agent of an emergency medical service | 1190 |
organization who receives requests for emergency medical services | 1191 |
that are directed to the organization, dispatches first | 1192 |
responders, EMTs-basic, EMTs-I, or paramedics in
response to
such | 1193 |
those requests, communicates
suchthose requests to those | 1194 |
employees or
agents of the organization who are authorized to | 1195 |
dispatch first
responders, EMTs-basic, EMTs-I, or paramedics, or | 1196 |
performs any combination of these functions for the organization, | 1197 |
is not
liable in damages in a civil action for
injury, death, or | 1198 |
loss to person or property resulting from the
individual's acts or | 1199 |
omissions in the performance of those duties for the
organization, | 1200 |
unless an act or omission constitutes willful or
wanton | 1201 |
misconduct. | 1202 |
(F) A person who is performing the functions of a first | 1203 |
responder, EMT-basic, EMT-I, or paramedic under the
authority of | 1204 |
the laws of a
state that borders this state and who provides | 1205 |
emergency medical
services to or transportation of a patient in | 1206 |
this state is not
liable in damages in a civil action for injury, | 1207 |
death, or loss to
person or property resulting from the person's | 1208 |
administration of emergency
medical services, unless the services | 1209 |
are administered in a
manner that constitutes willful or wanton | 1210 |
misconduct. A
physician or registered nurse designated by a | 1211 |
physician, who is
licensed to practice in the adjoining state and | 1212 |
who is advising
or assisting in the emergency medical services by | 1213 |
means of any
communication device or telemetering system is not | 1214 |
liable in
damages in a civil action for injury, death, or loss to | 1215 |
person or
property resulting from the person's advisory | 1216 |
communication or
assistance, unless the advisory communication or | 1217 |
assistance is provided in a
manner that constitutes willful or | 1218 |
wanton misconduct. | 1219 |
(G) A person certified under section 4765.23 of the
Revised | 1220 |
Code to teach in an emergency medical services training
program or | 1221 |
emergency medical services continuing education
program, and a | 1222 |
person who teaches at the Ohio fire academy established under | 1223 |
section 3737.33 of the Revised Code or in a fire service training | 1224 |
program described in division (B) of section 4765.55 of the | 1225 |
Revised Code, is not liable in damages in a civil action for | 1226 |
injury,
death, or loss to person or property resulting from the | 1227 |
person's
acts or omissions in the performance of the person's | 1228 |
duties, unless an act or
omission constitutes willful or wanton | 1229 |
misconduct. | 1230 |
(H) In the accreditation of emergency medical services | 1231 |
training programs or approval of emergency medical services | 1232 |
continuing education programs, the state board of emergency | 1233 |
medical services and any person or entity authorized by the board | 1234 |
to evaluate applications for accreditation or approval are not | 1235 |
liable in damages in a civil action for injury, death, or loss to | 1236 |
person or property resulting from their acts or omissions in the | 1237 |
performance of their duties, unless an act or omission
constitutes | 1238 |
willful or wanton misconduct. | 1239 |
Section 2. That existing sections 9.60, 146.01, 146.12, | 1248 |
2743.02, 2909.01, 2921.22, 3737.01, 3737.03, 3737.16, 3737.21, | 1249 |
3737.22, 3737.26,
3737.27, 3737.28, 3737.42, 3737.43, 3737.45, | 1250 |
3737.81, 4506.02, and
4765.49 of the Revised
Code are hereby | 1251 |
repealed. | 1252 |
(5) A commercial motor vehicle within the boundaries of an | 1264 |
eligible unit of
local government, if the person is employed by | 1265 |
the eligible unit of local
government and is operating the | 1266 |
commercial motor vehicle for the purpose of
removing snow or ice | 1267 |
from a roadway by plowing, sanding, or salting, but only
if either | 1268 |
the employee who holds a commercial driver's license issued under | 1269 |
this chapter and ordinarily operates a commercial motor vehicle | 1270 |
for these
purposes is unable to operate the vehicle, or the | 1271 |
employing eligible unit of
local government determines that a snow | 1272 |
or ice emergency exists that requires
additional assistance; | 1273 |
(2) "Farm truck" means a truck controlled and operated by
a | 1302 |
farmer for use in the transportation to or from a farm, for a | 1303 |
distance of no more than one hundred fifty miles, of products of | 1304 |
the farm, including livestock and its products, poultry and its | 1305 |
products, floricultural and horticultural products, and in the | 1306 |
transportation to the farm, from a distance of no more than one | 1307 |
hundred fifty miles, of supplies for the farm, including tile, | 1308 |
fence, and every other thing or commodity used in agricultural, | 1309 |
floricultural, horticultural, livestock, and poultry production, | 1310 |
and livestock, poultry, and other animals and things used for | 1311 |
breeding, feeding, or other purposes connected with the operation | 1312 |
of the farm, when the truck is operated in accordance with this | 1313 |
division and is not used in the operations of a motor | 1314 |
transportation company or private motor carrier. | 1315 |