130th Ohio General Assembly
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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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