(2) A state institution of higher education may elect not to | 29 |
participate in the intrastate mutual aid compact by enacting or | 30 |
adopting an appropriate resolution, rule, bylaw, or regulation to | 31 |
that effect. The institution shall provide a copy of the | 32 |
resolution, rule, bylaw, or regulation to the state emergency | 33 |
management agency and to the countywide emergency management | 34 |
agency, regional authority for emergency management, or program | 35 |
for emergency management within a political subdivision, whichever | 36 |
is responsible for emergency management at the institution. | 37 |
(C) Except for a community college, state community college, | 38 |
technical college, or university branch, a state institution of | 39 |
higher education and its personnel, while requesting or providing | 40 |
assistance or aid pursuant to the compact, shall be deemed to be | 41 |
performing a public duty as defined in section 2743.01 of the | 42 |
Revised Code and have the defenses to, and immunities from, civil | 43 |
liability provided in section 2743.02 of the Revised Code. | 44 |
Community colleges, state community colleges, technical colleges, | 45 |
university branches, and personnel of such institutions, while | 46 |
requesting or providing assistance or aid pursuant to the compact, | 47 |
shall have the defenses and immunities from civil liability | 48 |
provided in sections 2744.02 and 2744.03 of the Revised Code and | 49 |
shall be entitled to all applicable limitations on recoverable | 50 |
damages under section 2744.05 of the Revised Code. | 51 |
(A) "Agency" means any administrative or operational | 54 |
division, including an office, department, bureau, board, | 55 |
commission, or authority, of the state or of a political | 56 |
subdivision thereof, including volunteer agencies, organizations, | 57 |
or departments. | 58 |
(B) "Attack" means any attack, either actual or imminent, or | 59 |
a series of attacks by an actual or potential enemy of the United | 60 |
States or by a foreign nation upon the United States that causes | 61 |
or may cause substantial damage to or destruction of life, | 62 |
property, or the environment within the United States or that is | 63 |
designed to injure the military or economic strength of the United | 64 |
States. "Attack" includes, without limitation, acts of sabotage, | 65 |
acts of terrorism, invasion, the use of bombs or shellfire, | 66 |
conventional, nuclear, chemical, or biological warfare, and the | 67 |
use of other weapons or processes. | 68 |
(D) "Civil defense" is an integral part of emergency | 74 |
management that includes all those activities and measures | 75 |
designed or undertaken to minimize the effects upon the civilian | 76 |
population caused or that would be caused by any hazard and to | 77 |
effect emergency repairs to, or the emergency restoration of, | 78 |
vital equipment, resources, supplies, utilities, and facilities | 79 |
necessary for survival and for the public health, safety, and | 80 |
welfare that would be damaged or destroyed by any hazard. "Civil | 81 |
defense" includes, but is not limited to: | 82 |
(G) "Emergency management" includes all emergency | 117 |
preparedness and civil defense activities and measures, whether or | 118 |
not mentioned or described in sections 5502.21 to 5502.51 of the | 119 |
Revised Code, that are designed or undertaken to minimize the | 120 |
effects upon the civilian population caused or that could be | 121 |
caused by any hazard and that are necessary to address mitigation, | 122 |
emergency preparedness, response, and recovery. | 123 |
(H) "Emergency preparedness" is an integral part of emergency | 124 |
management that includes those activities and measures designed or | 125 |
undertaken in preparation for any hazard, including, but not | 126 |
limited to, natural disasters and hazards involving hazardous | 127 |
materials or radiological materials, and that will enhance the | 128 |
probability for preservation of life, property, and the | 129 |
environment. "Emergency preparedness" includes, without | 130 |
limitation: | 131 |
(I) "Hazard" means any actual or imminent threat to the | 157 |
survival or overall health, safety, or welfare of the civilian | 158 |
population that is caused by any natural, human-made, or | 159 |
technological event. "Hazard" includes, without limitation, an | 160 |
attack, disaster, and emergency. | 161 |
(J) "Hazard identification" means an identification, | 162 |
historical analysis, inventory, or spatial distribution of risks | 163 |
that could affect a specific geographical area and that would | 164 |
cause a threat to the survival, health, safety, or welfare of the | 165 |
civilian population, the property of that population, or the | 166 |
environment. | 167 |
(P) "Structure" includes shelters, additions to or | 185 |
alterations of existing buildings, and portions of existing | 186 |
buildings dedicated to public use, made and designed exclusively | 187 |
for protection against the shock or other effects of nuclear, | 188 |
biological, or chemical warfare, special housing for equipment, | 189 |
and all other structural means of protection of individuals and | 190 |
property against any hazard. | 191 |
(Q) "Equipment" includes fire-fighting, first-aid, emergency | 192 |
medical, hospital, salvage, and rescue equipment and materials, | 193 |
equipment for evacuation or relocation of individuals, | 194 |
radiological monitoring equipment, hazardous materials response | 195 |
gear, communications equipment, warning equipment, and all other | 196 |
means, in the nature of personal property, to be used exclusively | 197 |
in the protection of individuals and property against the effects | 198 |
of any hazard. | 199 |
(B) Political subdivisions, in collaboration with other | 209 |
public and private agencies within this state, may develop mutual | 210 |
assistance or aid arrangementsagreements for reciprocal emergency | 211 |
management assistance or aid
and assistance in case of any hazard | 212 |
too great to be dealt with unassisted. Such arrangements shall be | 213 |
consistent with the rules adopted by the director of public safety | 214 |
under section 5502.25 of the Revised Codefor purposes of | 215 |
preparing for, responding to, and recovering from an incident, | 216 |
disaster, exercise, training activity, planned event, or | 217 |
emergency, any of which requires additional resources. In time of | 218 |
any hazardincident, disaster, exercise, training activity, | 219 |
planned event, or emergency, any of which requires additional | 220 |
resources, each political subdivision may render assistance in | 221 |
accordance with such mutual assistance or aid
arrangements | 222 |
agreements. Such mutual assistance or aid arrangementsagreements | 223 |
shall not in any manner relieve the chief executiveelected | 224 |
official of any political subdivision of the responsibility for | 225 |
either entering into a written agreement establishing a countywide | 226 |
emergency management agency under section 5502.26 of the Revised | 227 |
Code, entering into a written agreement establishing a regional | 228 |
authority for emergency management under section 5502.27 of the | 229 |
Revised Code, or establishing a program forproviding emergency | 230 |
management under section 5502.271 of the Revised Code. | 231 |
(C) Political subdivisions, in collaboration with political | 232 |
subdivisions in adjacent states, may develop agreements for mutual | 233 |
assistance or aid for purposes of preparing for, responding to, | 234 |
and recovering from an incident, disaster, exercise, training | 235 |
activity, planned event, or emergency, any of which requires | 236 |
additional resources. Each political subdivision may render | 237 |
assistance in accordance with the mutual assistance or aid | 238 |
agreements. A mutual assistance or aid agreement with political | 239 |
subdivisions in adjacent states shall be approved by the chief | 240 |
elected officials of the agreeing political subdivisions or their | 241 |
designees and shall be prepared in accordance with the laws, | 242 |
regulations, ordinances, and resolutions applicable to the | 243 |
agreeing political subdivisions. | 244 |
(D) When engaged in preparation for, response to, or recovery | 245 |
from an incident, disaster, exercise, training activity, planned | 246 |
event, or emergency, any of which requires additional resources, | 247 |
and in accordance with the applicable mutual assistance or aid | 248 |
agreement, personnel from political subdivisions outside this | 249 |
state shall be permitted to provide services within this state in | 250 |
accordance with this section and the terms of the mutual | 251 |
assistance or aid agreement. | 252 |
(G) Nothing in this section shall be construed to prohibit | 264 |
personnel of political subdivisions in this state from responding | 265 |
to a request for mutual assistance or aid resulting from an | 266 |
incident, disaster, exercise, training activity, planned event, or | 267 |
emergency, any of which requires additional resources, when the | 268 |
personnel are responding as part of a regional response team that | 269 |
is under the operational control of the incident command | 270 |
structure. | 271 |
(H) Whenever a person from outside this state who is subject | 272 |
to a mutual assistance or aid agreement authorized by this section | 273 |
holds a license, certificate, or other permit issued by any state | 274 |
evidencing qualification for professional, mechanical, or other | 275 |
skills, such license, certificate, or other permit shall be | 276 |
recognized by this state as authorizing the person to render | 277 |
assistance or aid in this state involving such skill to meet the | 278 |
request for assistance or aid, so long as the person is acting | 279 |
within the scope of the person's license, certificate, or other | 280 |
permit. | 281 |
(I) Personnel rendering assistance or aid pursuant to a | 282 |
mutual assistance or aid agreement authorized by this section | 283 |
remain employees or agents of their respective political | 284 |
subdivisions, including for purposes of tort liability and | 285 |
immunity from tort liability, and nothing in this section or any | 286 |
mutual assistance or aid agreement entered into pursuant to this | 287 |
section creates an employment relationship between the political | 288 |
subdivision requesting aid and the employees or agents of the | 289 |
political subdivision rendering aid. | 290 |
(J) Responding political subdivisions and the personnel of | 291 |
that political subdivision, while rendering assistance or aid | 292 |
under this section, or while in route to or from rendering | 293 |
assistance or aid under this section, in a political subdivision | 294 |
in an adjacent state under an agreement authorized by this | 295 |
section, shall be deemed to be exercising governmental functions | 296 |
as defined in section 2744.01 of the Revised Code, shall have the | 297 |
defenses to and immunities from civil liability provided in | 298 |
sections 2744.02 and 2744.03 of the Revised Code, and shall be | 299 |
entitled to all applicable limitations on recoverable damages | 300 |
under section 2744.05 of the Revised Code. | 301 |
(K) All pension, disability, death benefits, workers' | 302 |
compensation, and other benefits enjoyed by personnel rendering | 303 |
interstate or intrastate mutual assistance or aid shall extend to | 304 |
the services they perform outside their respective political | 305 |
subdivisions to the same extent as while acting within the | 306 |
boundaries of the political subdivisions, and personnel are | 307 |
entitled to the rights and benefits of Chapter 4123. to the same | 308 |
extent as while performing service within the boundaries of the | 309 |
political subdivisions. | 310 |
(1) "Chief executive of a participating political | 312 |
subdivision" means the elected chief executive of a participating | 313 |
political subdivision or, if the political subdivision does not | 314 |
have an elected chief executive, a member of the political | 315 |
subdivision's governing body or an employee of the political | 316 |
subdivision appointed by the governing body's members to be its | 317 |
representative for purposes of the intrastate mutual aid program | 318 |
created pursuant to this section. | 319 |
(4) "Participating political subdivision" means each | 328 |
political subdivision in this state except a political subdivision | 329 |
that enacts or adopts, by appropriate legislation, ordinance, | 330 |
resolution, rule, bylaw, or regulation signed by its chief | 331 |
executive, a declarationdecision not to participate in the | 332 |
intrastate mutual aid program created by this section and that | 333 |
provides a copy of the legislation, ordinance, resolution, rule, | 334 |
bylaw, or regulation to the state emergency management agency and | 335 |
to the countywide emergency management agency, regional authority | 336 |
for emergency management, or program for emergency management | 337 |
within the political subdivision, which is responsible for | 338 |
emergency management in the political subdivision. | 339 |
(9) "Regional response team" means a group of persons from | 356 |
participating political subdivisions who provide mutual assistance | 357 |
or aid in preparation for, response to, or recovery from an | 358 |
incident, disaster, exercise, training activity, planned event, or | 359 |
emergency, any of which requires additional resources. "Regional | 360 |
response team" includes, but is not limited to, an incident | 361 |
management team, hazardous materials response team, water rescue | 362 |
team, bomb team, or search and rescue team. | 363 |
(1) Provide for mutual assistance or aid among the | 370 |
participating political subdivisions in response to and recovery | 371 |
from anyfor purposes of preparing for, responding to, and | 372 |
recovering from an incident, disaster that results in a formal | 373 |
declaration of emergency by a participating political subdivision; | 374 |
shall provide for mutual cooperation among the participating | 375 |
political subdivisions in conducting disaster-related exercises, | 376 |
testing, or other training activities using the services, | 377 |
equipment, supplies, materials, personnel, and other resources of | 378 |
the participating political subdivisions to simulate the provision | 379 |
of mutual aid; and shall embody, exercise, training activity, | 380 |
planned event, or emergency, any of which requires additional | 381 |
resources; | 382 |
(2) Establish a method by which a participating political | 383 |
subdivision may seek assistance in the event of a formally | 384 |
declared emergency, whichor aid that resolves many of the common | 385 |
issues facing political subdivisions at the time of a formally | 386 |
declared emergencybefore, during, and after an incident, | 387 |
disaster, exercise, training activity, planned event, or | 388 |
emergency, any of which requires additional resources, and will | 389 |
ensurethat ensures, to the extent possible, eligibility for | 390 |
available state and federal disaster assistance or other funding. | 391 |
(C) Each countywide emergency management agency, regional | 392 |
authority for emergency management, and program for emergency | 393 |
management within a political subdivision, which is responsible | 394 |
for emergency management in a participating political subdivision | 395 |
shall, as part of its program for emergency management under | 396 |
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised | 397 |
Code, as applicable, and in coordination with all departments, | 398 |
divisions, boards, commissions, agencies, and other | 399 |
instrumentalities of, and having emergency response functions | 400 |
within, each participatingthat political subdivision served by | 401 |
that agency, authority, or program, shall establish procedures or | 402 |
plans that, to the extent possible, accomplish both of the | 403 |
following: | 404 |
(D)(1) Within one year after December 23, 2002, theThe | 413 |
executive director of the state emergency management agency shall | 414 |
coordinate with the countywide emergency management agencies, | 415 |
regional authorities for emergency management, and programs for | 416 |
emergency management within a political subdivision, which are | 417 |
responsible for emergency management in participating political | 418 |
subdivisions, in identifying and formulating appropriate | 419 |
procedures or plans to resolve resource shortfalls, as part of | 420 |
their respective programs for emergency management under sections | 421 |
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as | 422 |
applicable. | 423 |
(2) During and after the formulation of the procedures or | 424 |
plans to resolve resource shortfalls, there shall be ongoing | 425 |
consultation and coordination among the executive director of the | 426 |
state emergency management agency; the countywide emergency | 427 |
management agencies, regional authorities for emergency | 428 |
management, and programs for emergency management within a | 429 |
political subdivision, which are responsible for emergency | 430 |
management in participating political subdivisions; and all | 431 |
departments, divisions, boards, commissions, agencies, and other | 432 |
instrumentalities of, and having emergency response functions | 433 |
within, each participating political subdivision, regarding this | 434 |
section, local procedures and plans, and the resolution of the | 435 |
resource shortfalls. | 436 |
(E) Participating political subdivisions may request | 437 |
assistance of other participating political subdivisions in | 438 |
response to and recovery from a disaster during formally declared | 439 |
emergencies or in disaster-related exercises, testing, or other | 440 |
training activities.(1) A participating political subdivision | 441 |
that is impacted by an incident, disaster, exercise, training | 442 |
activity, planned event, or emergency, any of which requires | 443 |
additional resources, may request mutual assistance or aid by | 444 |
doing either of the following: | 445 |
(2) Requests for assistance or aid made under division (E)(1) | 453 |
of this section shall be made through the emergency management | 454 |
agency
of a participating political subdivision or an official | 455 |
designated by the chief executive of the participating political | 456 |
subdivision from which the assistance or aid is requested. | 457 |
Requests may be verbal or in writing. If verbal, the request shall | 458 |
be confirmed in writing within seventy-two hours after the verbal | 459 |
request is made. Requestsand shall provide the following | 460 |
information: | 461 |
(F) A participating political subdivision's obligation to | 469 |
subdivision shall provide assistance in response to and recovery | 470 |
from a disaster or in disaster-related exercises, testing, or | 471 |
other training activitiesunder this sectionor aid to another | 472 |
participating political subdivision that is impacted by an | 473 |
incident, disaster, exercise, training activity, planned event, or | 474 |
emergency, any of which requires additional resources. The | 475 |
provision of the assistance or aid is subject to the following | 476 |
conditions: | 477 |
(c) Prohibit employees of participating political | 501 |
subdivisions from responding to a request for mutual assistance or | 502 |
aid precipitated by an incident, disaster, exercise, training | 503 |
activity, planned event, or emergency, any of which requires | 504 |
additional resources, when the employees are responding as part of | 505 |
a regional response team that is under the operational control of | 506 |
the incident command structure; | 507 |
(2) This section does not preclude a participating political | 513 |
subdivision from entering into a mutual aid or other agreement | 514 |
with another political subdivision, and does not affect any other | 515 |
agreement to which a participating political subdivision may be a | 516 |
party, or any request for assistance or aid that may be made, | 517 |
under any other section of the Revised Code, including, but not | 518 |
limited to, any mutual aid arrangement under this chapter, any | 519 |
fire protection or emergency medical services contract under | 520 |
section 9.60 of the Revised Code, sheriffs' requests for | 521 |
assistance to preserve the public peace and protect persons and | 522 |
property under section 311.07 of the Revised Code, agreementsany | 523 |
agreement for mutual assistance or aid in police protection under | 524 |
section 737.04 of the Revised Code, any agreement for law | 525 |
enforcement services between universities and colleges and | 526 |
political subdivisions under section 3345.041 or 3345.21 of the | 527 |
Revised Code, and mutual aid agreements among emergency planning | 528 |
districts for hazardous substances or chemicals response under | 529 |
sections 3750.02 and 3750.03 of the Revised Code. | 530 |
(3)(a) A responding participating political subdivision and | 544 |
the personnel of that political subdivision, while rendering | 545 |
assistance or aid under this section, or while in route to or from | 546 |
rendering assistance or aid under this section, in another | 547 |
participating political subdivision under this section, shall be | 548 |
deemed to be exercising governmental functions as defined in | 549 |
section 2744.01 of the Revised Code, shall have the defenses to | 550 |
and immunities from civil liability provided in sections 2744.02 | 551 |
and 2744.03 of the Revised Code, and shall be entitled to all | 552 |
applicable limitations on recoverable damages under section | 553 |
2744.05 of the Revised Code. | 554 |
(b) A participating political subdivision requesting | 555 |
assistance or aid and the personnel of that political subdivision, | 556 |
while requesting or receiving assistance
or aid under this | 557 |
section from any other participating political
subdivisions under | 558 |
this sectionsubdivision, shall be deemed to be exercising | 559 |
governmental functions as defined in section 2744.01 of the | 560 |
Revised Code, shall have the defenses to and immunities from civil | 561 |
liability provided in sections 2744.02 and 2744.03 of the Revised | 562 |
Code, and shall be entitled to all applicable limitations on | 563 |
recoverable damages under section 2744.05 of the Revised Code. | 564 |
(I) If a person holds a license, certificate, or other permit | 565 |
issued by a participating political subdivision evidencing | 566 |
qualification in a professional, mechanical, or other skill, and | 567 |
if the assistance or aid of that person is asked for under this | 568 |
section by a participating political subdivision receiving | 569 |
assistance under this section, the person shall be deemed to be | 570 |
licensed or certified in or permitted by the participating | 571 |
political subdivision receiving the assistance or aid to render | 572 |
the assistance or aid, subject to any limitations and conditions | 573 |
the chief executive of the participating political subdivision | 574 |
receiving the assistance or aid may prescribe by executive order | 575 |
or otherwise. | 576 |
(J) Except(1) Subject to division (K) of this section and | 577 |
except as otherwise provided in this division (J)(2) of this | 578 |
section, any participating political subdivision rendering | 579 |
assistance or aid under this section in another participating | 580 |
political subdivision under this section shall be reimbursed by | 581 |
the participating political subdivision receiving the assistance | 582 |
or aid for any loss or damage to, or expense incurred in the | 583 |
operation of, any equipment used in rendering the assistance or | 584 |
aid, for any expense incurred in the provision of any service used | 585 |
in rendering the assistance or aid, and for all other costs | 586 |
incurred in responding to the request for assistance or aid. | 587 |
However, a participating political subdivision rendering | 588 |
assistance may assume in whole or in part the loss, damage, | 589 |
expense, or costs, or may loan the equipment or donate the service | 590 |
to the participating political subdivision receiving the | 591 |
assistance without charge or cost; any two or more participating | 592 |
political subdivisions may enter into agreements establishing a | 593 |
different allocation of loss, damage, expense, or costs among | 594 |
themselves; and expenses incurred under division (H)(1) of this | 595 |
section are not reimbursable under this division. To avoid | 596 |
duplication of payments, insurance proceeds available to cover any | 597 |
loss or damage to equipment of a participating political | 598 |
subdivision rendering assistance or aid shall be considered in the | 599 |
reimbursement by the participating political subdivision receiving | 600 |
the assistance or aid. | 601 |