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(122nd General Assembly)(Amended Substitute Senate Bill Number 25)
AN ACT
To enact section 2305.34 of the Revised Code to provide immunity
from civil liability for certain nonprofit corporations that own
or operate a rural water supply and for regional water
and sewer
districts in connection with the failure of a hydrant controlled
by such a corporation or district to provide sufficient water to
suppress a
fire.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2305.34 of the Revised Code be enacted
to read as follows:
Sec. 2305.34. (A) Neither a nonprofit corporation
organized under Chapter 1702.
of the Revised
Code that owns or operates a
water supply or waterworks that regularly serves persons located
outside a municipal corporation nor a regional water and sewer
district organized under
Chapter 6119. of the
Revised
Code is liable in damages in a
civil action for injury, death, or loss to person or property
that allegedly arises from the failure of a hydrant controlled
by the corporation or district to provide a sufficient quantity
of water or sufficient water pressure to adequately suppress a
fire of any size, regardless of whether the hydrant was designed
for use as a fire hydrant or whether a fire department uses the
hydrant with the permission of the corporation or
district. All low-pressure hydrants in a municipal corporation or regional
water and sewer district shall be designated as such by being painted a
conspicuous color distinguishing low-pressure hydrants from high-pressure
hydrants in the municipal corporation or regional water and sewer
district. (B) This section does
not create, and shall not be construed as creating, a new cause
of action against or substantive legal right against a nonprofit
corporation described in division (A) of this section or a
regional water and sewer district. (C) This section does
not affect, and shall not be construed as affecting, any
immunities from civil liability or defenses established by any
other provisions of the Revised
Code, including, without
limitation, Chapter 2744. of
the Revised
Code in the case of a regional
water and sewer district, or any immunities from civil liability
or defenses available at common law, to which a nonprofit
corporation described in division (A) of this section or a
regional water and sewer district may be entitled under
circumstances not covered by this section. SECTION 2 . Section 2305.34 of the Revised Code, as enacted by
this act, applies only to causes of action against nonprofit
corporations described in division (A) of that section and
regional water and sewer districts organized under Chapter 6119.
of the Revised Code for injury, death, or loss to person or
property that allegedly arise from an action or omission that
occurs on or after the effective date of this act in connection
with the use of a hydrant controlled by such a nonprofit
corporation or district by a fire department to provide water
for fire suppression. With respect to causes of action against
such a nonprofit corporation or district occurring prior to the
effective date of this act that have not been barred by a
statute of limitations, the liability or immunity from liability
of such a corporation or district, and the defenses available to
them, shall be determined as if section 2305.34 of the Revised
Code had not been enacted.
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