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As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 25 |
SENATORS WHITE-DRAKE-GAETH-ZALESKI
A BILL
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. 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.
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