(2) A state institution of higher education may elect not to | 28 |
participate in the intrastate mutual aid compact by enacting or | 29 |
adopting an appropriate resolution, rule, bylaw, or regulation to | 30 |
that effect. The institution shall provide a copy of the | 31 |
resolution, rule, bylaw, or regulation to the state emergency | 32 |
management agency and to the countywide emergency management | 33 |
agency, regional authority for emergency management, or program | 34 |
for emergency management within a political subdivision, whichever | 35 |
is responsible for emergency management at the institution. | 36 |
(C) Except for a community college, state community college, | 37 |
technical college, or university branch, a state institution of | 38 |
higher education and its personnel, while requesting or providing | 39 |
assistance or aid pursuant to the compact, shall be deemed to be | 40 |
performing a public duty as defined in section 2743.01 of the | 41 |
Revised Code and have the defenses to, and immunities from, civil | 42 |
liability provided in section 2743.02 of the Revised Code. | 43 |
Community colleges, state community colleges, technical colleges, | 44 |
university branches, and personnel of such institutions, while | 45 |
requesting or providing assistance or aid pursuant to the compact, | 46 |
shall have the defenses and immunities from civil liability | 47 |
provided in sections 2744.02 and 2744.03 of the Revised Code and | 48 |
shall be entitled to all applicable limitations on recoverable | 49 |
damages under section 2744.05 of the Revised Code. | 50 |
(A) "Agency" means any administrative or operational | 53 |
division, including an office, department, bureau, board, | 54 |
commission, or authority, of the state or of a political | 55 |
subdivision thereof, including volunteer agencies, organizations, | 56 |
or departments. | 57 |
(B) "Attack" means any attack, either actual or imminent, or | 58 |
a series of attacks by an actual or potential enemy of the United | 59 |
States or by a foreign nation upon the United States that causes | 60 |
or may cause substantial damage to or destruction of life, | 61 |
property, or the environment within the United States or that is | 62 |
designed to injure the military or economic strength of the United | 63 |
States. "Attack" includes, without limitation, acts of sabotage, | 64 |
acts of terrorism, invasion, the use of bombs or shellfire, | 65 |
conventional, nuclear, chemical, or biological warfare, and the | 66 |
use of other weapons or processes. | 67 |
(D) "Civil defense" is an integral part of emergency | 73 |
management that includes all those activities and measures | 74 |
designed or undertaken to minimize the effects upon the civilian | 75 |
population caused or that would be caused by any hazard and to | 76 |
effect emergency repairs to, or the emergency restoration of, | 77 |
vital equipment, resources, supplies, utilities, and facilities | 78 |
necessary for survival and for the public health, safety, and | 79 |
welfare that would be damaged or destroyed by any hazard. "Civil | 80 |
defense" includes, but is not limited to: | 81 |
(G) "Emergency management" includes all emergency | 116 |
preparedness and civil defense activities and measures, whether or | 117 |
not mentioned or described in sections 5502.21 to 5502.51 of the | 118 |
Revised Code, that are designed or undertaken to minimize the | 119 |
effects upon the civilian population caused or that could be | 120 |
caused by any hazard and that are necessary to address mitigation, | 121 |
emergency preparedness, response, and recovery. | 122 |
(H) "Emergency preparedness" is an integral part of emergency | 123 |
management that includes those activities and measures designed or | 124 |
undertaken in preparation for any hazard, including, but not | 125 |
limited to, natural disasters and hazards involving hazardous | 126 |
materials or radiological materials, and that will enhance the | 127 |
probability for preservation of life, property, and the | 128 |
environment. "Emergency preparedness" includes, without | 129 |
limitation: | 130 |
(I) "Hazard" means any actual or imminent threat to the | 156 |
survival or overall health, safety, or welfare of the civilian | 157 |
population that is caused by any natural, human-made, or | 158 |
technological event. "Hazard" includes, without limitation, an | 159 |
attack, disaster, and emergency. | 160 |
(J) "Hazard identification" means an identification, | 161 |
historical analysis, inventory, or spatial distribution of risks | 162 |
that could affect a specific geographical area and that would | 163 |
cause a threat to the survival, health, safety, or welfare of the | 164 |
civilian population, the property of that population, or the | 165 |
environment. | 166 |
(P) "Structure" includes shelters, additions to or | 184 |
alterations of existing buildings, and portions of existing | 185 |
buildings dedicated to public use, made and designed exclusively | 186 |
for protection against the shock or other effects of nuclear, | 187 |
biological, or chemical warfare, special housing for equipment, | 188 |
and all other structural means of protection of individuals and | 189 |
property against any hazard. | 190 |
(Q) "Equipment" includes fire-fighting, first-aid, emergency | 191 |
medical, hospital, salvage, and rescue equipment and materials, | 192 |
equipment for evacuation or relocation of individuals, | 193 |
radiological monitoring equipment, hazardous materials response | 194 |
gear, communications equipment, warning equipment, and all other | 195 |
means, in the nature of personal property, to be used exclusively | 196 |
in the protection of individuals and property against the effects | 197 |
of any hazard. | 198 |
(1) "Chief executive of a participating political | 206 |
subdivision" means the elected chief executive of a participating | 207 |
political subdivision or, if the political subdivision does not | 208 |
have an elected chief executive, a member of the political | 209 |
subdivision's governing body or an employee of the political | 210 |
subdivision appointed by the governing body's members to be its | 211 |
representative for purposes of the intrastate mutual aid program | 212 |
created pursuant to this section. | 213 |
(4) "Participating political subdivision" means each | 222 |
political subdivision in this state except a political subdivision | 223 |
that enacts or adopts, by appropriate legislation, ordinance, | 224 |
resolution, rule, bylaw, or regulation signed by its chief | 225 |
executive, a declarationdecision not to participate in the | 226 |
intrastate mutual aid program created by this section and that | 227 |
provides a copy of the legislation, ordinance, resolution, rule, | 228 |
bylaw, or regulation to the state emergency management agency and | 229 |
to the countywide emergency management agency, regional authority | 230 |
for emergency management, or program for emergency management | 231 |
within the political subdivision, which is responsible for | 232 |
emergency management in the political subdivision. | 233 |
(9) "Regional response team" means a group of persons from | 248 |
participating political subdivisions who provide mutual assistance | 249 |
or aid in preparation for, response to, or recovery from an | 250 |
incident, disaster, exercise, training activity, planned event, or | 251 |
emergency, any of which requires additional resources. "Regional | 252 |
response team" includes, but is not limited to, an incident | 253 |
management team, hazardous materials response team, water rescue | 254 |
team, bomb team, or search and rescue team. | 255 |
(1) Provide for mutual assistance or aid among the | 262 |
participating political subdivisions in response to and recovery | 263 |
from anyfor purposes of preparing for, responding to, and | 264 |
recovering from an incident, disaster that results in a formal | 265 |
declaration of emergency by a participating political subdivision; | 266 |
shall provide for mutual cooperation among the participating | 267 |
political subdivisions in conducting disaster-related exercises, | 268 |
testing, or other training activities using the services, | 269 |
equipment, supplies, materials, personnel, and other resources of | 270 |
the participating political subdivisions to simulate the provision | 271 |
of mutual aid; and shall embody, exercise, training activity, | 272 |
planned event, or emergency, any of which requires additional | 273 |
resources; | 274 |
(2) Establish a method by which a participating political | 275 |
subdivision may seek assistance in the event of a formally | 276 |
declared emergency, whichor aid that resolves many of the common | 277 |
issues facing political subdivisions at the time of a formally | 278 |
declared emergencybefore, during, and after an incident, | 279 |
disaster, exercise, training activity, planned event, or | 280 |
emergency, any of which requires additional resources, and will | 281 |
ensurethat ensures, to the extent possible, eligibility for | 282 |
available state and federal disaster assistance or other funding. | 283 |
(C) Each countywide emergency management agency, regional | 284 |
authority for emergency management, and program for emergency | 285 |
management within a political subdivision, which is responsible | 286 |
for emergency management in a participating political subdivision | 287 |
shall, as part of its program for emergency management under | 288 |
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised | 289 |
Code, as applicable, and in coordination with all departments, | 290 |
divisions, boards, commissions, agencies, and other | 291 |
instrumentalities of, and having emergency response functions | 292 |
within, each participatingthat political subdivision served by | 293 |
that agency, authority, or program, shall establish procedures or | 294 |
plans that, to the extent possible, accomplish both of the | 295 |
following: | 296 |
(D)(1) Within one year after December 23, 2002, theThe | 305 |
executive director of the state emergency management agency shall | 306 |
coordinate with the countywide emergency management agencies, | 307 |
regional authorities for emergency management, and programs for | 308 |
emergency management within a political subdivision, which are | 309 |
responsible for emergency management in participating political | 310 |
subdivisions, in identifying and formulating appropriate | 311 |
procedures or plans to resolve resource shortfalls, as part of | 312 |
their respective programs for emergency management under sections | 313 |
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as | 314 |
applicable. | 315 |
(2) During and after the formulation of the procedures or | 316 |
plans to resolve resource shortfalls, there shall be ongoing | 317 |
consultation and coordination among the executive director of the | 318 |
state emergency management agency; the countywide emergency | 319 |
management agencies, regional authorities for emergency | 320 |
management, and programs for emergency management within a | 321 |
political subdivision, which are responsible for emergency | 322 |
management in participating political subdivisions; and all | 323 |
departments, divisions, boards, commissions, agencies, and other | 324 |
instrumentalities of, and having emergency response functions | 325 |
within, each participating political subdivision, regarding this | 326 |
section, local procedures and plans, and the resolution of the | 327 |
resource shortfalls. | 328 |
(E) Participating political subdivisions may request | 329 |
assistance of other participating political subdivisions in | 330 |
response to and recovery from a disaster during formally declared | 331 |
emergencies or in disaster-related exercises, testing, or other | 332 |
training activities.(1) A participating political subdivision | 333 |
that is impacted by an incident, disaster, exercise, training | 334 |
activity, planned event, or emergency, any of which requires | 335 |
additional resources, may request mutual assistance or aid by | 336 |
doing either of the following: | 337 |
(2) Requests for assistance or aid made under division (E)(1) | 345 |
of this section shall be made through the emergency management | 346 |
agency
of a participating political subdivision or an official | 347 |
designated by the chief executive of the participating political | 348 |
subdivision from which the assistance or aid is requested. | 349 |
Requests may be verbal or in writing. If verbal, the request shall | 350 |
be confirmed in writing within seventy-two hours after the verbal | 351 |
request is made. Requestsand shall provide the following | 352 |
information: | 353 |
(F) A participating political subdivision's obligation to | 361 |
subdivision shall provide assistance in response to and recovery | 362 |
from a disaster or in disaster-related exercises, testing, or | 363 |
other training activitiesunder this sectionor aid to another | 364 |
participating political subdivision that is impacted by an | 365 |
incident, disaster, exercise, training activity, planned event, or | 366 |
emergency, any of which requires additional resources. The | 367 |
provision of the assistance or aid is subject to the following | 368 |
conditions: | 369 |
(c) Prohibit employees of participating political | 393 |
subdivisions from responding to a request for mutual assistance or | 394 |
aid precipitated by an incident, disaster, exercise, training | 395 |
activity, planned event, or emergency, any of which requires | 396 |
additional resources, when the employees are responding as part of | 397 |
a regional response team that is under the operational control of | 398 |
the incident command structure; | 399 |
(2) This section does not preclude a participating political | 405 |
subdivision from entering into a mutual aid or other agreement | 406 |
with another political subdivision, and does not affect any other | 407 |
agreement to which a participating political subdivision may be a | 408 |
party, or any request for assistance or aid that may be made, | 409 |
under any other section of the Revised Code, including, but not | 410 |
limited to, any mutual aid arrangement under this chapter, any | 411 |
fire protection or emergency medical services contract under | 412 |
section 9.60 of the Revised Code, sheriffs' requests for | 413 |
assistance to preserve the public peace and protect persons and | 414 |
property under section 311.07 of the Revised Code, agreementsany | 415 |
agreement for mutual assistance or aid in police protection under | 416 |
section 737.04 of the Revised Code, any agreement for law | 417 |
enforcement services between universities and colleges and | 418 |
political subdivisions under section 3345.041 or 3345.21 of the | 419 |
Revised Code, and mutual aid agreements among emergency planning | 420 |
districts for hazardous substances or chemicals response under | 421 |
sections 3750.02 and 3750.03 of the Revised Code. | 422 |
(3)(a) A responding participating political subdivision and | 436 |
the personnel of that political subdivision, while rendering | 437 |
assistance or aid under this section, or while in route to or from | 438 |
rendering assistance or aid under this section, in another | 439 |
participating political subdivision under this section, shall be | 440 |
deemed to be exercising governmental functions as defined in | 441 |
section 2744.01 of the Revised Code, shall have the defenses to | 442 |
and immunities from civil liability provided in sections 2744.02 | 443 |
and 2744.03 of the Revised Code, and shall be entitled to all | 444 |
applicable limitations on recoverable damages under section | 445 |
2744.05 of the Revised Code. | 446 |
(b) A participating political subdivision requesting | 447 |
assistance or aid and the personnel of that political subdivision, | 448 |
while requesting or receiving assistance
or aid under this | 449 |
section from any other participating political
subdivisions under | 450 |
this sectionsubdivision, shall be deemed to be exercising | 451 |
governmental functions as defined in section 2744.01 of the | 452 |
Revised Code, shall have the defenses to and immunities from civil | 453 |
liability provided in sections 2744.02 and 2744.03 of the Revised | 454 |
Code, and shall be entitled to all applicable limitations on | 455 |
recoverable damages under section 2744.05 of the Revised Code. | 456 |
(I) If a person holds a license, certificate, or other permit | 457 |
issued by a participating political subdivision evidencing | 458 |
qualification in a professional, mechanical, or other skill, and | 459 |
if the assistance or aid of that person is asked for under this | 460 |
section by a participating political subdivision receiving | 461 |
assistance under this section, the person shall be deemed to be | 462 |
licensed or certified in or permitted by the participating | 463 |
political subdivision receiving the assistance or aid to render | 464 |
the assistance or aid, subject to any limitations and conditions | 465 |
the chief executive of the participating political subdivision | 466 |
receiving the assistance or aid may prescribe by executive order | 467 |
or otherwise. | 468 |
(J) Except(1) Subject to division (K) of this section and | 469 |
except as otherwise provided in this division (J)(2) of this | 470 |
section, any participating political subdivision rendering | 471 |
assistance or aid under this section in another participating | 472 |
political subdivision under this section shall be reimbursed by | 473 |
the participating political subdivision receiving the assistance | 474 |
or aid for any loss or damage to, or expense incurred in the | 475 |
operation of, any equipment used in rendering the assistance or | 476 |
aid, for any expense incurred in the provision of any service used | 477 |
in rendering the assistance or aid, and for all other costs | 478 |
incurred in responding to the request for assistance or aid. | 479 |
However, a participating political subdivision rendering | 480 |
assistance may assume in whole or in part the loss, damage, | 481 |
expense, or costs, or may loan the equipment or donate the service | 482 |
to the participating political subdivision receiving the | 483 |
assistance without charge or cost; any two or more participating | 484 |
political subdivisions may enter into agreements establishing a | 485 |
different allocation of loss, damage, expense, or costs among | 486 |
themselves; and expenses incurred under division (H)(1) of this | 487 |
section are not reimbursable under this division. To avoid | 488 |
duplication of payments, insurance proceeds available to cover any | 489 |
loss or damage to equipment of a participating political | 490 |
subdivision rendering assistance or aid shall be considered in the | 491 |
reimbursement by the participating political subdivision receiving | 492 |
the assistance or aid. | 493 |