SENATORS Hottinger, Coughlin, Blessing

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, 4506.02, and

4

4765.49, to enact sections 124.1310 and 3737.221 of

5

the 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

and to amend the version of section 4506.02 of the

24

Revised Code that is scheduled to take effect

25

January 1, 2004, to continue the provisions of this

26

act on and after that effective date.

27

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

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

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

33

(1) "Emergency medical service" and "emergency medical	34
service organization" have the same meanings as in section 4765.01	35
of the Revised Code.	36

(2) "Fire protection" means the use of firefighting equipment	37
by the fire department of a firefighting agency or a private fire	38
company, and includes the provision of ambulance, emergency	39
medical, and rescue services by those entities.	40

(3) "Firefighting agency" means a municipal corporation,	41
township, township fire district, joint ambulance district, joint	42
emergency medical services district, or joint fire district and	43
the office of the state fire marshal.	44

(4) "Motor vehicle" has the same meaning as in section	45
4511.01 of the Revised Code.	46

(5) "Private fire company" means a nonprofit group or	47
organization owning and operating firefighting equipment not	48
controlled by a firefighting agency.	49

(B) Any firefighting agency, private fire company, or public	50
or private emergency medical service organization may contract	51
with any governmental entity in this state or another jurisdiction	52
to provide fire protection or emergency medical services, as	53
appropriate, whether on a regular basis or only in times of	54
emergency, upon the approval of the governing boards or	55
administrative heads of the entities that are parties to the	56
contract.	57

(C) Any governmental entity in this state may contract with	58
any firefighting agency, private fire company, or public or	59
private emergency medical service organization of this state or	60
another jurisdiction to obtain fire protection or emergency	61
medical services, as appropriate, whether on a regular basis or	62
only in times of emergency, upon the approval of the governing	63
boards or administrative heads of the entities that are parties to	64
the contract.	65

(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

(2) The office of the state fire marshal may provide fire	78
protection or emergency medical services, as appropriate, to any	79
governmental entity, firefighting agency, private fire company, or	80
emergency medical service organization in this state or another	81
jurisdiction, without a contract to provide fire protection or	82
emergency medical services, upon the authorization of the state	83
fire marshal.	84

(E) Chapter 2744. of the Revised Code, insofar as it is	85
applicable to the operation of fire departments or emergency	86
medical service organizations, applies to a political subdivision	87
that is operating a fire department or emergency medical service	88
organization, and to the members of the fire department or	89
emergency medical service organization, when the members are	90
rendering service pursuant to this section outside the boundaries	91
of the political subdivision.	92

Members acting outside the boundaries of the political	93
subdivision that is operating the fire department or emergency	94
medical service organization may participate in any pension or	95
indemnity fund established by the political subdivision to the	96
same extent as while acting within the boundaries of the political	97
subdivision, and are entitled to all the rights and benefits of	98
Chapter 4123. of the Revised Code, to the same extent as while	99
performing service within the boundaries of the political	100
subdivision.	101

(F) A private fire company or private, nonprofit emergency	102
medical service organization providing service pursuant to this	103
section to a governmental entity in this state or another	104
jurisdiction has the same immunities and defenses in a civil	105
action that a political subdivision has under section 2744.02 of	106
the Revised Code. The employees of such a fire company or	107
emergency medical service organization have the same immunities	108
and defenses in a civil action that employees of a political	109
subdivision have under section 2744.03 of the Revised Code.	110

(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

(a) An employee providing fire protection was operating a	121
motor vehicle while engaged in duty at a fire, proceeding toward a	122
place where a fire is in progress or is believed to be in	123
progress, or answering any other emergency and the operation of	124
the vehicle did not constitute willful or wanton misconduct.	125

(b) An employee providing emergency medical services was	126
operating a motor vehicle while responding to or completing a call	127
for emergency medical care or treatment, the employee was holding	128
a valid driver's license issued under Chapter 4507. of the Revised	129
Code, the operation of the vehicle did not constitute willful or	130
wanton misconduct, and the operation complies with the precautions	131
described in section 4511.03 of the Revised Code.	132

(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

(a) The operation of the vehicle was manifestly outside the	140
scope of the employee's employment or official responsibilities.	141

(b) The operation of the vehicle constituted willful or	142
wanton misconduct.	143

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

144

(1) "Emergency medical service," "EMT-basic," "EMT-I," "first	145
responder," and "paramedic" have the same meanings as in section	146
4765.01 of the Revised Code.	147

(2) "Volunteer firefighter" has the same meaning as in	148
section 146.01 of the Revised Code.	149

(B) A state employee who is an EMT-basic, EMT-I, first	150
responder, paramedic, or volunteer firefighter shall receive forty	151
hours of leave with pay each calendar year to use during those	152
hours when the employee is absent from work in order to provide	153
emergency medical service or fire-fighting service. An appointing	154
authority shall compensate an employee who uses leave granted	155
under this section at the employee's regular rate of pay for those	156
regular work hours during which the employee is absent from work.	157

Sec. 146.01.  As used in sections 146.01 to 146.19 of the	158
Revised Code:	159

(A) "Fire department" means a volunteer fire department, a	160
fire department of a political subdivision or fire district of	161
this state, or a private volunteer company that has elected to	162
participate in the volunteer fire fighters' dependents fund	163
pursuant to section 146.02 of the Revised Code.	164

(B)(1) "Volunteer firefighter" means both of the following,	165
subject to division (B)(2) of this section:	166

(a) A duly appointed member of a fire department on either a	167
nonpay or part-pay basis who is ineligible to be a member of the	168
Ohio police and fire pension fund, or whose employment as a	169
firefighter does not in itself qualify any such person for	170
membership in the public employees retirement system, or who has	171
waived membership in the public employees retirement system;	172

(b) Firefighters drafted, requisitioned, or appointed to	173
serve in an emergency.	174

(2)(a) A volunteer firefighter who is a member of the public	175
employees retirement system shall be considered a volunteer	176
firefighter for purposes of this chapter, and in particular, for	177
purposes of divisions (A) and (B) of section 146.12 of the Revised	178
Code until the firefighter has at least one and one-half years of	179
Ohio service credit for purposes of division (B) of section 145.45	180
of the Revised Code;	181

(b) A volunteer firefighter who is a member of the public	182
employees retirement system shall be considered a volunteer	183
firefighter for purposes of this chapter and, in particular, for	184
purposes of division (C) of section 146.12 of the Revised Code	185
until the firefighter has at least five years of total service	186
credit for purposes of sections 145.35 and 145.36 or section	187
145.361 of the Revised Code.	188

(C) "Private volunteer fire company" means a company of	189
trained volunteer firefighters having a contract to furnish fire	190
protection or emergency service or both to a political subdivision	191
or fire district of this state.	192

(D) "Member of the fund" includes a political subdivision or	193
fire district of this state that maintains in whole or in part a	194
volunteer fire department or employs volunteer firefighters, and a	195
private volunteer fire company that has elected to participate in	196
the volunteer fire fighters' dependents fund.	197

(E) "Dependent" means the surviving spouse or child under	198
eighteen years of age of a volunteer firefighter regardless of	199
financial status.	200

(F) "Volunteer fire fighters' dependents fund" means the fund	201
established by section 146.07 of the Revised Code.	202

(G)(F) "Totally and permanently disabled" means that a	203
volunteer firefighter is unable to engage in any substantial	204
gainful employment for a period of not less than twelve months by	205
reason of a medically determinable physical impairment that is	206
permanent or presumed to be permanent.	207

Sec. 146.12.  Benefits shall be paid from the volunteer fire	208
fighters' dependents fund to or on behalf of the following	209
persons:	210

(A) To the surviving spouse of a volunteer fire fighter	211
firefighter killed while discharging the duties of a volunteer	212
fire fighterfirefighter or who dies from exposure or injury	213
received while in the discharge of suchthose duties, a lump sum	214
award of one thousand dollars, and, in addition, the sum of two	215
three hundred dollars per month so long as the surviving spouse	216
does not remarry;	217

(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

(C) To a volunteer fire fighterfirefighter, totally and	229
permanently disabled while discharging the duties of a volunteer	230
fire fighterfirefighter, the sum of twothree hundred dollars per	231
month. No payment shall be made to a volunteer fire fighter	232
firefighter under full salary during the time of histhe volunteer	233
firefighter's disability.	234

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

(2) If a claimant proves in the court of claims that an	257
officer or employee, as defined in section 109.36 of the Revised	258
Code, would have personal liability for histhe officer's or	259
employee's acts or omissions but for the fact that the officer or	260
employee has personal immunity under section 9.86 of the Revised	261
Code, the state shall be held liable in the court of claims in any	262
action that is timely filed pursuant to section 2743.16 of the	263
Revised Code and that is based upon the acts or omissions.	264

(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

(D) Recoveries against the state shall be reduced by the	298
aggregate of insurance proceeds, disability award, or other	299
collateral recovery received by the claimant. This division does	300
not apply to civil actions in the court of claims against a state	301
university or college under the circumstances described in section	302
3345.40 of the Revised Code. The collateral benefits provisions	303
of division (B)(2) of that section apply under those	304
circumstances.	305

(E) The only defendant in original actions in the court of	306
claims is the state. The state may file a third-party complaint	307
or counterclaim in any civil action, except a civil action for two	308
thousand five hundred dollars or less, that is filed in the court	309
of claims.	310

(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

The filing of a claim against an officer or employee under	322
this division tolls the running of the applicable statute of	323
limitations until the court of claims determines whether the	324
officer or employee is entitled to personal immunity under section	325
9.86 of the Revised Code.	326

(G) Whenever a claim lies against an officer or employee who	327
is a member of the Ohio national guard, and the officer or	328
employee was, at the time of the act or omission complained of,	329
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	330
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	331
exclusive remedy of the claimant and the state has no liability	332
under this section.	333

Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of the	334
Revised Code:	335

(A) To "create a substantial risk of serious physical harm	336
to any person" includes the creation of a substantial risk of	337
serious physical harm to any emergency personnel.	338

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

339

(1) A peace officer, as defined in section 2935.01 of the	340
Revised Code;	341

(2) A member of a fire department or other firefighting	342
agency of a municipal corporation, township, township fire	343
district, joint fire district, other political subdivision, or	344
combination of political subdivisions;	345

(3) A member of a private fire company, as defined in	346
section 9.60 of the Revised Code, or a volunteer firefighter;	347

(4) A member of a joint ambulance district or joint	348
emergency medical services district;	349

(5) An emergency medical technician-basic, emergency medical	350
technician-intermediate, emergency medical technician-paramedic,	351
ambulance operator, or other member of an emergency medical	352
service that is owned or operated by a political subdivision or a	353
private entity;	354

(6) The state fire marshal, the chief deputy state fire	355
marshal, or an assistant state fire marshal, or an arson	356
investigator of the office of the state fire marshal;	357

(7) A fire prevention officer of a political subdivision or	358
an arson investigator, fire, or similar inspectorinvestigator of	359
a political subdivision.	360

(C) "Occupied structure" means any house, building,	361
outbuilding, watercraft, aircraft, railroad car, truck, trailer,	362
tent, or other structure, vehicle, or shelter, or any portion	363
thereof, to which any of the following applies:	364

(1) It is maintained as a permanent or temporary dwelling,	365
even though it is temporarily unoccupied and whether or not any	366
person is actually present.	367

(2) At the time, it is occupied as the permanent or	368
temporary habitation of any person, whether or not any person is	369
actually present.	370

(3) At the time, it is specially adapted for the overnight	371
accommodation of any person, whether or not any person is actually	372
present.	373

(4) At the time, any person is present or likely to be	374
present in it.	375

(D) "Political subdivision" and "state" have the same	376
meanings as in section 2744.01 of the Revised Code.	377

Sec. 2921.22.  (A) No person, knowing that a felony has been	378
or is being committed, shall knowingly fail to report such	379
information to law enforcement authorities.	380

(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

(D) No person shall fail to provide upon request of the	398
person to whom the person a report required by division (C) of	399
this section was made, or to any law enforcement officer who has	400
reasonable cause to assert the authority to investigate the	401
circumstances surrounding the death, any facts within the person's	402
knowledge that may have a bearing on the investigation of the	403
death.	404

(E)(1) As used in this division, "burn injury" means any of	405
the following:	406

(a) Second or third degree burns;

407

(b) Any burns to the upper respiratory tract or laryngeal	408
edema due to the inhalation of superheated air;	409

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

410

(d) Any physical harm to persons caused by or as the result	411
of the use of fireworks, novelties and trick noisemakers, and wire	412
sparklers, as each is defined by section 3743.01 of the Revised	413
Code.	414

(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

(4) No person who is required to report any burn injury	435
under division (E)(2) or (3) of this section shall fail to file,	436
within three working days after attending or treating the victim,	437
a written report of the burn injury with the office of the state	438
fire marshal. The report shall be made on a form providedcomply	439
with the uniform standard developed by the state fire marshal	440
pursuant to division (A)(14) of section 3737.22 of the Revised	441
Code.	442

(5) Anyone participating in the making of reports under	443
division (E) of this section or anyone participating in a judicial	444
proceeding resulting from the reports is immune from any civil or	445
criminal liability that otherwise might be incurred or imposed as	446
a result of such actions. Notwithstanding section 4731.22 of the	447
Revised Code, the physician-patient relationship is not a ground	448
for excluding evidence regarding a person's burn injury or the	449
cause of the burn injury in any judicial proceeding resulting from	450
a report submitted pursuant tounder division (E) of this section.	451

(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

(2) Notwithstanding section 4731.22 of the Revised Code, the	461
doctor-patient privilege shall not be a ground for excluding any	462
information regarding the report containing the knowledge or	463
belief noted pursuant tounder division (F)(1) of this section,	464
and the information may be admitted as evidence in accordance with	465
the Rules of Evidence.	466

(G) DivisionDivisions (A) orand (D) of this section doesdo	467
not require disclosure of information, when any of the following	468
applies:	469

(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

(2) The information would tend to incriminate a member of	480
the actor's immediate family.	481

(3) Disclosure of the information would amount to revealing	482
a news source, privileged under section 2739.04 or 2739.12 of the	483
Revised Code.	484

(4) Disclosure of the information would amount to disclosure	485
by a member of the ordained clergy of an organized religious body	486
of a confidential communication made to that member of the clergy	487
the clergyman in that member's a capacity as a clergymanmember of	488
the clergy by a person seeking the aid or counsel of that member	489
of the clergy.	490

(5) Disclosure would amount to revealing information	491
acquired by the actor in the course of the actor's duties in	492
connection with a bona fide program of treatment or services for	493
drug dependent persons or persons in danger of drug dependence,	494
which program is maintained or conducted by a hospital, clinic,	495
person, agency, or organization certified pursuant to section	496
3793.06 of the Revised Code.	497

(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

(H) No disclosure of information pursuant to this section	508
gives rise to any liability or recrimination for a breach of	509
privilege or confidence.	510

(I) Whoever violates division (A) or (B) of this section is	511
guilty of failure to report a crime. Violation of division (A) of	512
this section is a misdemeanor of the fourth degree. Violation of	513
division (B) of this section is a misdemeanor of the second	514
degree.	515

(J) Whoever violates division (C) or (D) of this section is	516
guilty of failure to report knowledge of a death, a misdemeanor of	517
the fourth degree.	518

(K)(1) Whoever negligently violates division (E) of this	519
section is guilty of a minor misdemeanor.	520

(2) Whoever knowingly violates division (E) of this section	521
is guilty of a misdemeanor of the second degree.	522

Sec. 3737.01.  As used in this chapter:

523

(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) "Consumer goods" means any item sold, leased, or rented	532
primarily for personal or household use.	533

(C) "Fire agency" means any state or local fire service or	534
agency whose function is to examine the property of another person	535
for the purpose of identifying fire safety hazards.	536

(D) "Fire safety inspector" means any person who is a member	537
of the civil service, as defined in section 124.01 of the Revised	538
Code, or who is employed by or voluntarily serves a village or	539
township, and who examines the property of another person for the	540
purpose of identifying fire safety hazards.	541

(E) "Person," in addition to the meaning in section 1.59 of	542
the Revised Code, means the state and any political subdivision of	543
the state, and any other entity, public or private.	544

(F) "Responsible person" means the person responsible for	545
compliance with the state fire code, including, but not limited	546
to, the owner, lessee, agent, operator, or occupant of a building,	547
premises, or vehicle.	548

Sec. 3737.03.  The state fire commission may do all of the	549
following:	550

(A) Conduct research, make and publish reports on fire	551
safety, and recommend to the governor, the general assembly, the	552
board of building standards, and other state agencies, any needed	553
changes in the laws, rules, or administrative policies relating to	554
fire safety;	555

(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

(1) Any insurance policy relevant to a fire loss under	593
investigation and any application for such a policy;	594

(2) Policy premium payment records;

595

(3) History of previous claims made by the insured or	596
previous insureds for fire loss;	597

(4) Material relating to the investigation of the loss or	598
potential loss, including statements of any person, proof of loss,	599
and any other relevant evidence.	600

(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

(D) In the absence of fraud or malice, no insurance company,	619
or person who furnishes information on its behalf, is liable for	620
in damages in any civil action, including any action brought	621
pursuant to section 1347.10 of the Revised Code, or subject to	622
criminal prosecution for any oral or written statement made or any	623
other action taken that is necessary to supply information	624
required pursuant tounder this section.	625

(E) Except as otherwise provided in division (C) of this	626
section, the officials and departmental and agency personnel	627
receiving any information furnished pursuant tounder this section	628
shall hold the information in confidence until such time as its	629
release is required pursuant to a criminal or civil proceeding.	630

(F) Any official referred to in division (A) of this section	631
may testify as to any information in histhe official's possession	632
regarding the fire loss of real or personal property in any civil	633
action in which any person seeks recovery under a policy against	634
an insurance company for the fire loss.	635

(G) As used in this section, "insurance company" includes	636
the Ohio fair plan underwriting association as established in	637
section 3929.43 of the Revised Code.	638

(H)(1) No person shall purposely refuse to release any	639
information requested, pursuant to division (A) of this section,	640
by an agency, official, or officer authorized to request suchthe	641
information by that division.	642

(2) No person shall purposely refuse to notify the fire	643
marshal and prosecuting attorney of a fire loss required to be	644
reported pursuant tounder division (B) of this section.	645

(3) No person shall purposely refuse to supply the fire	646
marshal and prosecuting attorney with pertinent information	647
required to be furnished pursuant tounder division (B) of this	648
section.	649

(4) No person shall purposely fail to hold in confidence	650
information required to be held in confidence by division (E) of	651
this section.	652

Sec. 3737.21.  (A) The director of the department of	653
commerce shall appoint, from names submitted to himthe director	654
by the state fire commission, a fire marshal, who shall serve at	655
the pleasure of the director and shall possess the following	656
qualifications:	657

(1) A degree from an accredited college or university with	658
specialized study in either the field of fire protection or fire	659
protection engineering, or the equivalent qualifications	660
determined from his training, experience, and duties in a fire	661
service;	662

(2) Five years of recent, progressively more responsible	663
experience in fire inspection, fire code enforcement, fire	664
investigation, fire protection engineering, teaching of fire	665
safety engineering, or fire fighting.	666

(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

Sec. 3737.22.  (A) The fire marshal shall do all of the	680
following:	681

(1) Adopt the state fire code under sections 3737.82 to	682
3737.86 of the Revised Code;	683

(2) Enforce the state fire code;

684

(3) Appoint assistant fire marshals who are authorized to	685
enforce the state fire code;	686

(4) Conduct investigations into the cause, origin, and	687
circumstances of fires and explosions, and prosecuteassist in the	688
prosecution of persons believed to be guilty of arson or a similar	689
crime;	690

(5) Compile statistics concerning loss due to fire and	691
explosion as the fire marshal considers necessary, and consider	692
the compatibility of the fire marshal's system of compilation with	693
the systems of other state and federal agencies and fire marshals	694
of other states;	695

(6) Engage in research on the cause and prevention of losses	696
due to fire and explosion;	697

(7) Engage in public education and informational activities	698
which will inform the public of fire safety information;	699

(8) Operate a fire training academy and arson crimeforensic	700
laboratory;	701

(9) Conduct such other fire safety and fire fighting	702
training activities for the public and groups as will further the	703
cause of fire safety;	704

(10) IssueConduct licensing examinations, and issue permits,	705
licenses, and certificates, as authorized by the Revised Code;	706

(11) Conduct tests of fire protection systems and devices,	707
and fire fighting equipment to determine compliance with the state	708
fire code, unless a building is insured against the hazard of	709
fire, in which case such tests may be performed by the company	710
insuring the building;	711

(12) Establish and collect fees for conducting licensing	712
examinations and for issuing permits, licenses, and certificates;	713

(13)(12) Make available for the prosecuting attorney and an	714
assistant prosecuting attorney from each county of this state, in	715
accordance with section 3737.331 of the Revised Code, a seminar	716
program, attendance at which is optional, that is designed to	717
provide current information, data, training, and techniques	718
relative to the prosecution of arson cases;	719

(14)(13) Administer and enforce Chapter 3743. of the Revised	720
Code;	721

(15)(14) Develop a formuniform standard for the written	722
reportreporting of information required to be filed under	723
division (E)(4) of section 2921.22 of the Revised Code, and accept	724
suchthe reports of the information when they are filed.	725

(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

(H) The fire marshal may conduct tests of fire protection	830
systems and devices and fire fighting equipment to determine	831
compliance with the state fire code. If a building is insured	832
against the hazard of fire, such tests may be performed by the	833
company insuring the building.	834

Sec. 3737.221. (A) As used in this section, "motor vehicle"	835
has the same meaning as in section 4511.01 of the Revised Code.	836

(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

(1) The operation of the vehicle was manifestly outside the	860
scope of the employee's employment or official responsibilities.	861

(2) The operation of the vehicle constituted willful or	862
wanton misconduct.	863

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. 3737.27.  The fire marshal or an assistant fire marshal	874
may summon and compel the attendance of witnesses to testify in	875
relation to any matter whichthat is a proper subject of inquiry	876
andor investigation, and may require the production of any book,	877
paper, or document, or record, regardless of physical form or	878
characteristic.	879

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

(B) The fire marshal may prescribe procedures for the	906
issuance of a notice in lieu of a citation with respect to de	907
minimis violations whichthat have no direct or immediate	908
relationship to safety or health.	909

(C) Each citation issued under this section, or a copy or	910
copies thereofof the citation, shall be prominently posted by the	911
responsible person, as prescribed in the state fire code, at or	912
near each place a violation referred to in the citation occurs.	913

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

(B) If the responsible person is aggrieved by an order of	927
the board, the person may appeal to the court of common pleas	928
where the property that is the subject of the citation is located,	929
within thirty days after the board renders its decision. The	930
issuing authority may appeal an order of the board to the court of	931
common pleas where the property that is the subject of the	932
citation is located or to the court of common pleas of Franklin	933
county, within thirty days after the board renders its decision.	934

(C) As used in this section, "issuing authority" means the	935
office of the fire marshal, in the case of a citation issued by	936
the fire marshal or an assistant fire marshal, or the applicable	937
township or municipal corporation, in the case of a citation	938
issued by a certified fire safety inspector.	939

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

(B) The ex officio members may not vote, except that the	1014
fire marshal or his chief deputy fire marshal may vote in case of	1015
a tie.	1016

(C) Each member of the commission, other than ex officio	1017
members, shall be paid an amount equal to that payable under pay	1018
range 32 (S)(D) fixed pursuant to division (J) of section 124.15	1019
of the Revised Code, and histhe member's actual and necessary	1020
expenses.	1021

(D) The commission shall select a chairmanchairperson and a	1022
vice-chairmanvice-chairperson from among its members. No	1023
business may be transacted in the absence of a quorum. A quorum	1024
shall be at least six members, excluding ex officio members, and	1025
shall include either the chairmanchairperson or vice-chairman	1026
vice-chairperson. The commission shall hold regular meetings at	1027
least once every two months and may meet at any other time at the	1028
call of the chairmanchairperson.	1029

(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

Sec. 4506.02.  (A) Nothing in this chapter applies to any	1054
person when engaged in the operation of any of the following:	1055

(1) A farm truck;

1056

(2) Fire equipment for a fire department, volunteer or	1057
nonvolunteer fire company, fire district, or joint fire district;	1058

(3) A public safety vehicle used to provide transportation	1059
or emergency medical service for ill or injured persons;	1060

(4) A recreational vehicle;

1061

(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

(6) A vehicle owned by the department of defense and	1075
operated by any member or uniformed employee of the armed forces	1076
of the United States or their reserve components, including the	1077
Ohio national guard. This exception does not apply to United	1078
States reserve technicians.	1079

(7) A commercial motor vehicle that is operated for	1080
nonbusiness purposes. "Operated for nonbusiness purposes" means	1081
that the commercial motor vehicle is not used in commerce as	1082
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	1083
regulated by the public utilities commission pursuant to Chapter	1084
4919., 4921., or 4923. of the Revised Code.	1085

Nothing contained in division (A)(5) of this section shall be	1086
construed as preempting or superseding any law, rule, or	1087
regulation of this state concerning the safe operation of	1088
commercial motor vehicles.	1089

(8) A vehicle of the office of the state fire marshal	1090
operated by one of its employees under division (B), (C), or (D)	1091
of section 9.60, division (A)(2), (4), or (13) of section 3737.22,	1092
or section 3737.24 or 3737.26, of the Revised Code.	1093

(B) As used in this section:

1094

(1) "Eligible unit of local government" means a village,	1095
township, or county that has a population of not more than three	1096
thousand persons according to the most recent federal census.	1097

(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

(3) "Public safety vehicle" has the same meaning as in	1112
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	1113

(4) "Recreational vehicle" includes every vehicle that is	1114
defined as a recreational vehicle in section 4501.01 of the	1115
Revised Code and is used exclusively for purposes other than	1116
engaging in business for profit.	1117

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

(C) A student who is enrolled in an emergency medical	1155
services training program accredited under section 4765.17 of the	1156
Revised Code or an emergency medical services continuing education	1157
program approved under that section is not liable in damages in a	1158
civil action for injury, death, or loss to person or property	1159
resulting from either of the following:	1160

(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

(2) The student's training as an ambulance driver, unless	1169
the driving is done in a manner that constitutes willful or wanton	1170
misconduct.	1171

(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

(I) A person authorized by an emergency medical service	1240
organization to review the performance of first responders,	1241
EMTs-basic, EMTs-I, and paramedics or to administer quality	1242
assurance programs is not liable in damages in a civil action for	1243
injury, death, or loss to person or property resulting from the	1244
person's acts or omissions in the performance of the person's	1245
duties, unless an act or omission constitutes willful or wanton	1246
misconduct.	1247

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

Section 3. That the version of section 4506.02 of the Revised	1253
Code that is scheduled to take effect January 1, 2004, be amended	1254
to read as follows:	1255

Sec. 4506.02.  (A) Nothing in this chapter applies to any	1256
person when engaged in the operation of any of the following:	1257

(1) A farm truck;

1258

(2) Fire equipment for a fire department, volunteer or	1259
nonvolunteer fire company, fire district, or joint fire district;	1260

(3) A public safety vehicle used to provide transportation	1261
or emergency medical service for ill or injured persons;	1262

(4) A recreational vehicle;

1263

(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

(6) A vehicle owned by the department of defense and	1274
operated by any member or uniformed employee of the armed forces	1275
of the United States or their reserve components, including the	1276
Ohio national guard. This exception does not apply to United	1277
States reserve technicians.	1278

(7) A commercial motor vehicle that is operated for	1279
nonbusiness purposes. "Operated for nonbusiness purposes" means	1280
that the commercial motor vehicle is not used in commerce as	1281
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	1282
regulated by the public utilities commission pursuant to Chapter	1283
4919., 4921., or 4923. of the Revised Code.	1284

(8) A motor vehicle that is designed primarily for the	1285
transportation of goods and not persons, while that motor vehicle	1286
is being used for the occasional transportation of personal	1287
property by individuals not for compensation and not in the	1288
furtherance of a commercial enterprise;	1289

(9) A vehicle of the office of the state fire marshal	1290
operated by one of its employees under division (B), (C), or (D)	1291
of section 9.60, division (A)(2), (4), or (13) of section 3737.22,	1292
or section 3737.24 or 3737.26, of the Revised Code.	1293

(B) Nothing contained in division (A)(5) of this section	1294
shall be construed as preempting or superseding any law,or rule,	1295
or regulation of this state concerning the safe operation of	1296
commercial motor vehicles.	1297

(C) As used in this section:

1298

(1) "Eligible unit of local government" means a village,	1299
township, or county that has a population of not more than three	1300
thousand persons according to the most recent federal census.	1301

(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

(3) "Public safety vehicle" has the same meaning as in	1316
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	1317

(4) "Recreational vehicle" includes every vehicle that is	1318
defined as a recreational vehicle in section 4501.01 of the	1319
Revised Code and is used exclusively for purposes other than	1320
engaging in business for profit.	1321

Section 4. That the existing version of section 4506.02 of	1322
the Revised Code that is scheduled to take effect January 1, 2004,	1323
is hereby repealed.	1324

Section 5. Sections 3 and 4 of this act shall take effect	1325
January 1, 2004.	1326

Section 6. This act shall be known as the "Fire Marshal	1327
Modernization Act."	1328

Section 7.  Section 2921.22 of the Revised Code is presented	1329
in this act as a composite of the section as amended by both Am.	1330
Sub. H.B. 445 and Sub. S.B. 223 of the 121st General Assembly. The	1331
General Assembly, applying the principle stated in division (B) of	1332
section 1.52 of the Revised Code that amendments are to be	1333
harmonized if reasonably capable of simultaneous operation, finds	1334
that the composite is the resulting version of the section in	1335
effect prior to the effective date of the section as presented in	1336
this act.	1337