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Am. Sub. S. B. No. 115As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Hottinger, Coughlin, Blessing, Mead, Mumper, Goodman, Spada, Oelslager, Robert Gardner
REPRESENTATIVES Flowers, Schaffer, Carmichael, Reidelbach, Young, Schmidt, Kearns, Otterman, Hagan, Carey, Setzer, Rhine, Flannery, Clancy, Wilson, Niehaus, Coates, Cirelli, Evans, Perry, Latell, Sferra, Carano, D. Miller, Widowfield, Hughes, Olman, Fessler, Hollister, Damschroder, Salerno, Wolpert, Brown, Barrett, DeBose, Key, Willamowski
A BILL
To amend sections 9.60, 146.01, 146.12, 2743.02,
2909.01,
2921.22, 3737.01, 3737.03,
3737.16,
3737.21,
3737.22, 3737.26, 3737.27, 3737.28,
3737.42, 3737.43, 3737.45, 3737.81, and
4765.49
and to enact sections 124.1310 and 3737.221
of
the
Revised Code to revise the laws governing the
state's waiver of immunity,
to provide certain
limited civil
immunity for the State Fire Marshal's
Office and certain employees of the State Fire
Marshal, to
provide that the
State Fire Marshal's
Office is a
fire department
for purposes of
allowing it to
assist with local fire
suppression
and
emergencies, to allow the State Fire Marshal's
Office, townships, and municipal corporations to
appeal a decision of the State Board of Building
Appeals to the court of common pleas, to otherwise
revise the
laws governing the State Fire Marshal's
Office, to
provide for paid
leave for service
as
a
volunteer
firefighter or
emergency medical
services
worker,
to make changes
to the law governing the
Volunteer
Fire Fighters'
Dependents Fund, and to
statutorily
authorize the
State Fire Commission's
maintenance
of the Ohio
Fire Services Hall of Fame.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.60, 146.01, 146.12, 2743.02,
2909.01,
2921.22, 3737.01, 3737.03,
3737.16, 3737.21, 3737.22,
3737.26, 3737.27,
3737.28, 3737.42, 3737.43, 3737.45, 3737.81,
and
4765.49 be
amended and sections
124.1310 and 3737.221
of the
Revised
Code be enacted to read
as follows:
Sec. 9.60. (A) As used in this section: (1)
"Emergency medical service" and
"emergency medical
service
organization" have the same meanings as in section 4765.01
of the Revised
Code. (2)
"Fire protection" means the use of firefighting
equipment
by
the fire department of a firefighting agency or a
private fire
company,
and includes the provision of
ambulance,
emergency
medical, and rescue services by those entities. (3)
"Firefighting agency" means a municipal corporation,
township, township fire district, joint ambulance district, joint
emergency
medical services district, or
joint fire district
and
the office of the state fire marshal. (4)
"Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(5) "Private fire company" means a nonprofit group
or
organization owning and operating firefighting equipment not
controlled by
a firefighting agency. (B) Any firefighting agency, private fire company,
or
public
or private emergency medical service organization may
contract
with any governmental entity
in this state or another jurisdiction
to
provide fire protection or emergency medical services, as
appropriate,
whether on a
regular basis or only in times of
emergency, upon the approval of
the governing boards or
administrative heads of the
entities
that are parties to the
contract. (C) Any governmental entity in this state may contract with
any firefighting agency, private fire company, or
public or
private
emergency medical service
organization of this state or
another jurisdiction to obtain fire
protection or emergency
medical services, as appropriate, whether on a
regular
basis or
only in times of emergency, upon the
approval of
the governing
boards or
administrative heads of the
entities that are parties to
the contract. (D)(1) Any firefighting agency
other than the office of the
state fire marshal, private
fire company, or
public
or private
emergency medical service
organization may provide fire
protection
or emergency medical services,
as appropriate, to any
governmental
entity in this state
or another jurisdiction, without
a
contract
to provide fire protection or emergency medical
services, upon
the
approval of the
governing board of the agency,
company, or
organization and upon authorization
by an officer or
employee of
the
agency,
company, or organization designated by
that
individual's
title, office, or position pursuant to the
authorization
of the governing board of the agency, company,
or
organization. (2) The office of the state fire marshal may provide fire
protection or emergency medical services, as appropriate, to any
governmental entity, firefighting agency, private fire company, or
emergency medical service organization in this state or another
jurisdiction, without
a contract to provide fire protection or
emergency medical
services, upon the authorization of the state
fire marshal. (E) Chapter 2744. of the Revised Code, insofar as it is
applicable to the operation of fire departments
or emergency
medical
service organizations, applies to a political subdivision
that is operating a
fire department or emergency medical service
organization, and to the members
of the fire department or
emergency medical service organization, when the
members are
rendering service pursuant to this section outside the boundaries
of the political subdivision. Members acting outside the boundaries of the political
subdivision that is
operating the fire department or emergency
medical service organization
may participate in any pension or
indemnity fund established by the political
subdivision to the
same extent as while
acting within the boundaries
of the political
subdivision, and are
entitled to all the rights
and benefits of
Chapter 4123. of the Revised Code, to the same
extent as while
performing service within the boundaries of the
political
subdivision. (F) A private fire company or private, nonprofit emergency
medical service
organization providing service pursuant to this
section to a
governmental entity in this state or another
jurisdiction has the same
immunities and defenses in a
civil
action that a political subdivision has under section 2744.02 of
the Revised Code. The
employees of such a fire company or
emergency medical service
organization have the same immunities
and defenses in a
civil action that employees of a political
subdivision have under section
2744.03 of the Revised Code. (G)(1) The office of the state fire marshal, when providing
services pursuant to this section, is liable for injury, death, or
loss to person or property caused by the negligent operation of
any motor vehicle by its employees upon the public roads,
highways, or streets in the state when the employees are engaged
within the
scope of their employment and authority, without regard
to the proximity of, that operation to the office of the state
fire
marshal. Notwithstanding division
(A)(1) of section 2743.02
of the
Revised Code, the following are
full defenses to that
liability:
(a) An employee providing fire protection was operating a
motor vehicle while engaged in duty at a fire, proceeding toward a
place where a fire is in progress or is believed to be in
progress, or answering any other emergency and the operation
of
the vehicle did not constitute willful or wanton misconduct.
(b) An employee providing emergency medical services was
operating a motor vehicle while responding to or completing a call
for emergency medical care or treatment, the employee was holding
a valid driver's license issued under Chapter 4507. of the Revised
Code, the operation of the vehicle did not constitute willful or
wanton misconduct, and the operation complies with the precautions
described in section 4511.03 of the Revised Code.
(2) An
employee of the office of the state fire marshal, when
providing services pursuant to this section, is immune from
liability for injury, death, or loss to person or property caused
by the operation of any motor vehicle upon the public roads,
highways, or streets in the state, without regard to the proximity
of that operation to the office of the state fire marshal, unless
one of the following applies:
(a) The operation of the vehicle was manifestly outside the
scope of the employee's employment or official responsibilities.
(b) The operation of the vehicle constituted willful or
wanton misconduct.
Sec. 124.1310. (A) As used in this section:
(1)
"Emergency medical service,"
"EMT-basic,"
"EMT-I,"
"first
responder," and
"paramedic" have the same meanings as in
section
4765.01 of the Revised Code.
(2)
"Volunteer firefighter" has the same meaning as in
section 146.01 of the Revised Code. (B) A state employee who is an EMT-basic, EMT-I, first
responder, paramedic, or volunteer firefighter shall receive forty
hours of leave with pay each calendar year to use during those
hours when the employee is absent from work in order to provide
emergency medical service or fire-fighting service. An appointing
authority shall compensate an employee who uses leave granted
under this section at the employee's regular rate of pay for those
regular work hours during which the employee is absent from work.
Sec. 146.01. As used in sections 146.01 to 146.19 of the
Revised Code: (A)
"Fire department" means a volunteer fire department, a
fire department of a political subdivision or fire district of
this state, or a private volunteer company that has elected to
participate in the volunteer fire fighters'
dependents fund
pursuant to section 146.02 of the Revised Code. (B)(1)
"Volunteer firefighter" means both of the
following,
subject to division (B)(2) of this section: (a) A duly appointed member of a fire department on either
a
nonpay or part-pay basis who is ineligible to be a member of
the
Ohio police and fire
pension fund, or whose
employment as a
firefighter does not in itself
qualify any such
person for
membership in the public employees retirement system,
or who has
waived membership in the public employees retirement
system; (b) Firefighters drafted, requisitioned, or
appointed to
serve in an emergency. (2)(a) A volunteer firefighter who is a member of
the
public
employees retirement system shall be considered a
volunteer
firefighter for purposes of this chapter,
and in
particular, for
purposes of divisions (A) and (B) of section
146.12 of the Revised
Code until the firefighter has at least
one and one-half
years of
Ohio service credit for purposes of division (B) of
section 145.45
of the Revised Code; (b) A volunteer firefighter who is a member of the
public
employees retirement system shall be considered a volunteer
firefighter
for purposes of this chapter and, in
particular, for
purposes of division (C) of section 146.12 of the Revised Code
until the firefighter has at least five years of
total service
credit
for purposes of sections 145.35 and 145.36 or section
145.361 of
the Revised Code. (C)
"Private volunteer fire company" means a company of
trained volunteer firefighters having a contract
to furnish fire
protection or emergency service or both to a political
subdivision
or fire district of this state. (D)
"Member of the fund" includes a political subdivision
or
fire district of this state that maintains in whole or in part
a
volunteer fire department or employs volunteer
firefighters, and a
private volunteer fire company that has elected to
participate in
the volunteer fire fighters' dependents fund. (E)
"Dependent" means the surviving spouse or child
under
eighteen years of age of a volunteer firefighter
regardless of
financial status. (F)
"Volunteer fire fighters' dependents fund" means the
fund
established by section 146.07 of the Revised Code.
(G)(F)
"Totally and permanently disabled" means that a
volunteer
firefighter is unable to engage in any
substantial
gainful
employment for a period of not less than twelve months by
reason
of a medically determinable physical impairment that is
permanent
or presumed to be permanent.
Sec. 146.12. Benefits shall be paid from the volunteer
fire
fighters' dependents fund to or on behalf of the following
persons: (A) To the surviving spouse of a volunteer
fire fighter
firefighter
killed while discharging the duties of a volunteer
fire fighter
firefighter
or
who dies from exposure or injury
received while in the
discharge
of
such
those duties, a lump sum
award of one thousand
dollars, and, in
addition, the sum of
two
three hundred dollars per
month
so long
as the surviving spouse
does not remarry; (B) To the parent, guardian, or other persons upon whom a
child of a volunteer
fire fighter
firefighter is dependent for
chief support,
the sum of
sixty-five
one hundred twenty-five
dollars per month
for each dependent child
of such volunteer fire
fighter. Such
payments shall continue
until the dependent child
is eighteen
years old
under eighteen years of age, or under
twenty-three years
of age if the child is attending a
post-secondary educational
institution and is completing a program
of instruction each school year that satisfies the
equivalent of
at least two-thirds of the
full-time curriculum
requirements of
the institution. (C) To a volunteer
fire fighter
firefighter, totally and
permanently
disabled while discharging the duties of a volunteer
fire
fighter
firefighter,
the sum of
two
three hundred dollars per
month. No payment
shall be
made to a volunteer
fire fighter
firefighter under full salary
during the time
of
his
the volunteer
firefighter's disability.
Sec. 2743.02. (A)(1) The state hereby waives its immunity
from liability, except as provided for the office of the state
fire marshal in division (G)(1) of section 9.60 and division (B)
of section 3737.221 of the Revised Code, and consents to be sued,
and have its liability
determined, in the court of claims created
in this chapter in
accordance with the same rules of law
applicable to suits between
private parties, except that the
determination of liability is
subject to the limitations set forth
in this chapter and, in the
case of state universities or
colleges, in section 3345.40 of the
Revised Code, and except as
provided in division (A)(2) of this
section. To the extent that
the state has previously consented
to be sued, this chapter has no
applicability. Except in the case of a civil action filed by the state,
filing a civil action in the court of claims results in a
complete
waiver of any cause of action, based on the same act or
omission,
which the filing party has against any officer or
employee, as
defined in section 109.36 of the Revised Code. The
waiver shall
be void if the court determines that the act or
omission was
manifestly outside the scope of the officer's or
employee's office
or employment or that the officer or employee
acted with malicious
purpose, in bad faith, or in a wanton or
reckless manner. (2) If a claimant proves in the court of claims that an
officer or employee, as defined in section 109.36 of the Revised
Code, would have personal liability for
his
the officer's or
employee's acts or omissions but
for the fact that the officer or
employee has personal immunity
under section 9.86 of the Revised
Code, the state shall be held
liable in the court of claims in any
action that is timely filed
pursuant to section 2743.16 of the
Revised Code and that is based
upon the acts or omissions. (B) The state hereby waives the immunity from liability of
all hospitals owned or operated by one or more political
subdivisions and consents for them to be sued, and to have their
liability determined, in the court of common pleas, in accordance
with the same rules of law applicable to suits between private
parties, subject to the limitations set forth in this chapter.
This division is also applicable to hospitals owned or operated
by
political subdivisions which have been determined by the
supreme
court to be subject to suit prior to July 28, 1975. (C) Any hospital, as defined under section 2305.11 of the
Revised Code, may purchase liability insurance covering its
operations and activities and its agents, employees, nurses,
interns, residents, staff, and members of the governing board and
committees, and, whether or not such insurance is purchased, may,
to such extent as its governing board considers appropriate,
indemnify or agree to indemnify and hold harmless any such person
against expense, including attorney's fees, damage, loss, or
other
liability arising out of, or claimed to have arisen out of,
the
death, disease, or injury of any person as a result of the
negligence, malpractice, or other action or inaction of the
indemnified person while acting within the scope of
his
the
indemnified person's duties or engaged in activities at the
request or
direction, or for the benefit, of the hospital. Any
hospital electing to
indemnify
such persons, or to agree to so
indemnify, shall reserve such
funds as are necessary, in the
exercise of sound and prudent
actuarial judgment, to cover the
potential expense, fees, damage,
loss, or other liability. The
superintendent of insurance may
recommend, or, if such hospital
requests
him
the superintendent
to do so, the
superintendent shall
recommend, a specific amount for any period
that, in
his
the
superintendent's opinion, represents such a
judgment. This
authority is in addition to any authorization otherwise
provided
or
permitted by law. (D) Recoveries against the state shall be reduced by the
aggregate of insurance proceeds, disability award, or other
collateral recovery received by the claimant. This division does
not apply to civil actions in the court of claims against a state
university or college under the circumstances described in
section
3345.40 of the Revised Code. The collateral benefits
provisions
of division (B)(2) of that section apply under those
circumstances. (E) The only defendant in original actions in the court of
claims is the state. The state may file a third-party complaint
or counterclaim in any civil action, except a civil action for
two
thousand five hundred dollars or less, that is filed in the
court
of claims. (F) A civil action against an officer or employee, as
defined in section 109.36 of the Revised Code, that alleges that
the officer's or employee's conduct was manifestly outside the
scope of
his
the officer's or employee's employment or official
responsibilities, or that the
officer or employee acted with
malicious purpose, in bad faith,
or in a wanton or reckless manner
shall first be filed against
the state in the court of claims,
which has exclusive, original
jurisdiction to determine,
initially, whether the officer or
employee is entitled to personal
immunity under section 9.86 of
the Revised Code and whether the
courts of common pleas have
jurisdiction over the civil action. The filing of a claim against an officer or employee under
this division tolls the running of the applicable statute of
limitations until the court of claims determines whether the
officer or employee is entitled to personal immunity under
section
9.86 of the Revised Code. (G) Whenever a claim lies against an officer or employee who
is a member of
the Ohio national guard, and the officer or
employee was, at the time of the
act or omission complained of,
subject to the "Federal Tort Claims Act," 60
Stat. 842 (1946), 28
U.S.C. 2671, et seq., then the Federal Tort Claims Act is
the
exclusive remedy of the claimant and the state has no liability
under this
section.
Sec. 2909.01. As used in sections 2909.01 to 2909.07 of
the
Revised Code: (A) To
"create a substantial risk of serious physical harm
to any person" includes the creation of a substantial risk of
serious physical harm to any emergency personnel. (B)
"Emergency personnel" means any of the following
persons: (1) A peace officer, as defined in section 2935.01 of the
Revised Code; (2) A member of a fire department or other firefighting
agency of a municipal corporation, township, township fire
district, joint fire district, other political subdivision, or
combination of political subdivisions; (3) A member of a private fire company, as defined in
section 9.60 of the Revised Code, or a volunteer firefighter; (4) A member of a joint ambulance district or joint
emergency medical
services district; (5) An emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
ambulance
operator, or other member of an emergency medical
service that is owned or
operated by a political subdivision or a
private entity; (6) The state fire marshal,
the chief deputy state fire
marshal, or an
assistant state
fire marshal, or
an arson
investigator of the
office of the state fire marshal; (7) A fire prevention officer of a political subdivision
or
an arson
investigator, fire, or similar
inspector
investigator of
a political
subdivision. (C)
"Occupied structure" means any house, building,
outbuilding, watercraft, aircraft, railroad car, truck, trailer,
tent, or other structure, vehicle, or shelter, or any portion
thereof, to which any of the following applies: (1) It is maintained as a permanent or temporary dwelling,
even though it is temporarily unoccupied and whether or not any
person is actually present. (2) At the time, it is occupied as the permanent or
temporary habitation of any person, whether or not any person is
actually present. (3) At the time, it is specially adapted for the overnight
accommodation of any person, whether or not any person is
actually
present. (4) At the time, any person is present or likely to be
present in it. (D)
"Political subdivision" and
"state" have the same
meanings as in section 2744.01 of the Revised Code.
Sec. 2921.22. (A) No person, knowing that a felony has
been
or is being committed, shall knowingly fail to report such
information to law enforcement authorities. (B) Except for conditions that are within the scope of
division (E) of this section, no
person who is a physician,
limited
practitioner, nurse, or other person giving aid to a sick
or injured person
shall
negligently fail to report to law
enforcement authorities any
gunshot or stab wound
that the person
treated or observed
by the
physician, limited practitioner, nurse,
or person, or any serious physical
harm to persons that the
physician, limited practitioner, nurse, or
person knows or has
reasonable cause to
believe resulted from an offense of violence. (C) No person who discovers the body or acquires the first
knowledge of the death of a person shall fail to report the
death
immediately to a physician whom the person knows to be
treating
the deceased for a condition from which death at such
time would
not be unexpected, or to a law enforcement officer,
an ambulance
service,
an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is
believed
to have occurred, or knowledge concerning the death is
obtained. (D) No person shall fail to provide upon request of the
person to whom
the person a report required by division (C) of
this section was made, or to any law enforcement officer who has
reasonable cause to assert the authority to investigate the
circumstances surrounding the death, any facts within the
person's
knowledge that may have a bearing on the investigation of the
death. (E)(1) As used in this division, "burn injury" means any
of
the following: (a) Second or third degree burns; (b) Any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air; (c) Any burn injury or wound that may result in death; (d) Any physical harm to persons caused by or as the result
of the use of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined by section 3743.01 of the Revised
Code. (2) No physician, nurse, or limited practitioner who,
outside a hospital, sanitarium, or other medical facility,
attends
or treats a person who has sustained a burn injury
that is
inflicted by an
explosion or other incendiary device, or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal manner,
shall fail to report the burn injury
immediately to the local
arson, or fire and explosion
investigation, bureau, if there is
such a bureau
of this type in
the jurisdiction in
which the person is attended or treated,
or
otherwise to local law
enforcement authorities. (3) No manager, superintendent, or other person in charge
of
a hospital, sanitarium, or other medical facility in which a
person is attended or treated for any burn injury
that is
inflicted by an
explosion or other incendiary device, or that
shows evidence of
having been inflicted in a violent, malicious,
or criminal
manner,
shall fail to report the burn injury
immediately to the
local
arson, or fire and explosion
investigation, bureau, if there is
such a bureau
of this type in
the jurisdiction
in
which the person is attended or treated, or
otherwise to local
law
enforcement authorities. (4) No person who is required to report any burn injury
under division (E)(2) or (3) of this section shall fail to file,
within three working days after attending or treating the victim,
a written report of the burn injury with the office of the state
fire marshal. The report shall
be made on a form provided
comply
with the uniform standard developed by the
state fire marshal
pursuant to division (A)(15) of section 3737.22 of the Revised
Code. (5) Anyone participating in the making of reports under
division (E) of this section or anyone participating in a
judicial
proceeding resulting from the reports is immune
from any civil or
criminal liability that otherwise might be
incurred or imposed as
a result of such actions. Notwithstanding
section 4731.22 of the
Revised Code, the physician-patient
relationship is not a ground
for excluding evidence regarding a
person's burn injury or the
cause of the burn injury in any
judicial proceeding resulting from
a report submitted
pursuant to
under division (E) of this section. (F)(1) Any doctor of medicine or osteopathic medicine,
hospital intern or
resident, registered or licensed practical
nurse, psychologist, social worker,
independent social worker,
social work assistant, professional
clinical counselor, or
professional counselor who knows or has reasonable
cause to
believe that a patient or client
has been the victim of domestic
violence, as defined in section 3113.31 of the
Revised Code, shall
note that knowledge or belief and the basis for it in the
patient's or client's records. (2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient
privilege shall not be a ground for excluding any
information regarding the
report containing the knowledge or
belief noted
pursuant to
under division (F)(1) of
this section,
and the
information may be admitted as evidence in accordance
with
the
Rules of Evidence. (G)
Division
Divisions (A)
or
and (D) of this section
does
do
not require
disclosure of information, when any of the following
applies: (1) The information is privileged by reason of the
relationship between attorney and client; doctor and
patient;
licensed psychologist or licensed school psychologist
and client;
member of the clergy, rabbi,
minister, or priest and any person
communicating information confidentially to the member of the
clergy
clergyman, rabbi, minister, or priest for a religious
counseling purpose
the of a professional
character
of the member
of the clergy, rabbi, minister, or priest;
husband and wife; or a
communications
assistant and those who are a party to
a
telecommunications relay service call. (2) The information would tend to incriminate a member of
the actor's immediate family. (3) Disclosure of the information would amount to
revealing
a news source, privileged under section 2739.04 or
2739.12 of the
Revised Code. (4) Disclosure of the information would amount to
disclosure
by a member of the ordained clergy of an organized religious
body
of a confidential communication made to that member of the clergy
the
clergyman in that member's
a capacity as a
clergyman
member of
the clergy by a person
seeking the aid or counsel of that member
of the clergy. (5) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program of treatment or services for
drug
dependent persons or persons in danger of drug dependence,
which
program is maintained or conducted by a hospital, clinic,
person,
agency, or organization certified pursuant to section
3793.06 of
the Revised Code. (6) Disclosure would amount to revealing information
acquired by the actor in the course of the actor's duties in
connection with a bona fide program for providing counseling
services to
victims of crimes that are violations of section
2907.02 or
2907.05 of the Revised Code or to victims of felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code. As used in this
division, "counseling services"
include services provided in an
informal setting by a person who,
by education or experience, is
competent to provide
such
those
services. (H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence. (I) Whoever violates division (A) or (B) of this section
is
guilty of failure to report a crime. Violation of division
(A) of
this section is a misdemeanor of the fourth degree.
Violation of
division (B) of this section is a misdemeanor of the
second
degree. (J) Whoever violates division (C) or (D) of this section
is
guilty of failure to report knowledge of a death, a
misdemeanor of
the fourth degree. (K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor. (2) Whoever knowingly violates division (E) of this
section
is guilty of a misdemeanor of the second degree.
Sec. 3737.01. As used in this chapter: (A) "Assistant fire marshal" means any person
directly
who
is
employed by the fire marshal
and who
is
involved in
carries out
specific duties assigned by the fire marshal,
including, but
not
limited to, enforcement of Chapters 3731., 3737., and
3743. of the
Revised Code, fire
inspection, fire code enforcement,
fire
investigation, fire prevention,
hazardous materials
incidents, or
the regulation of underground storage tank systems
as
that term is
defined in section 3737.87 of the Revised Code. (B) "Consumer goods" means any item sold, leased, or
rented
primarily for personal or household use. (C) "Fire agency" means any state or local fire service or
agency whose function is to examine the property of another
person
for the purpose of identifying fire safety hazards. (D) "Fire safety inspector" means any person who is a
member
of the civil service, as defined in section 124.01 of the
Revised
Code, or who is employed by or voluntarily serves a
village or
township, and who examines the property of another
person for the
purpose of identifying fire safety hazards. (E) "Person," in addition to the meaning in section 1.59
of
the Revised Code, means the state and any political
subdivision of
the state, and any other entity, public or
private. (F) "Responsible person" means the person responsible for
compliance with the state fire code, including, but not limited
to, the owner, lessee, agent, operator, or occupant of a
building,
premises, or vehicle.
Sec. 3737.03. The state fire commission may
do all of the
following: (A) Conduct research, make and publish reports on fire
safety, and recommend to the governor, the general assembly, the
board of building standards, and other state agencies, any needed
changes in the laws, rules, or administrative policies relating
to
fire safety; (B) Recommend revisions in the rules included in the state
fire code adopted by the fire marshal. The recommendations may
propose the adoption of new rules or the amendment or repeal of
existing rules. The commission shall file its recommendations in
the office of the fire marshal, and, within sixty days after the
recommendations are filed, the fire marshal shall file with the
chairman
chairperson of the commission
his
the fire
marshal's
comments on, and proposed action in response to, the
recommendations.
(C) Maintain the Ohio fire service hall of fame. In
maintaining the hall of fame, the commission shall keep official
commendations that recognize
and commemorate exemplary
accomplishments and acts of heroism by
firefighters and other
persons at fire-related incidents or
similar events occurring in
the state. The commission may adopt
criteria and guidelines for
selecting individuals for that
recognition and commemoration. The
recognition and commemoration
of individuals may occur annually
and include an annual awards
ceremony. The expenses
associated
with the recognition and commemoration of individuals
shall be
paid in accordance with division (F) of section 3737.81
of the
Revised Code.
Sec. 3737.16. (A) The fire marshal, any assistant fire
marshal, the chief
or any deputy of the
arson
fire and explosion
investigation bureau established
pursuant to section 3737.22 of
the Revised Code, the chief of a
fire department of any municipal
corporation or township where a
fire department is established,
the fire prevention officer of
any
municipal corporation or
township where no fire department
exists,
any federal, state, or
local law enforcement agency, or
the
prosecuting attorney of any
county may request any insurance
company that has investigated or
is investigating a fire loss or
potential fire loss of real or
personal property to release any
information in its possession
relative to that loss or potential
loss. The company shall
release the information and cooperate
with any official authorized
to request
such
the information
pursuant
to
under this section.
The information shall include, but is not
limited to, the
following: (1) Any insurance policy relevant to a fire loss under
investigation and any application for such a policy; (2) Policy premium payment records; (3) History of previous claims made by the insured or
previous insureds for fire loss; (4) Material relating to the investigation of the loss or
potential loss, including statements of any person, proof of
loss,
and any other relevant evidence. (B) If an insurance company has reason to suspect that a
fire loss to its insured's real or personal property was caused
by
incendiary means, the company shall notify the fire marshal
and
the prosecuting attorney of the county in which the loss
occurred,
and furnish them with all relevant material acquired
during its
investigation of the fire loss, cooperate with and
take such
action as may be requested of it by any federal, state,
or local
law enforcement agency, and permit any other person
ordered by a
court to inspect any of its records pertaining to
the policy and
the loss. (C) If an agency, official, or officer mentioned in
division
(A) or (B) of this section has received information
pursuant to
under those divisions from an insurance company that has
investigated or
is investigating a fire loss of real or personal
property, the
agency, official, or officer may release to, and
share with, the
insurance company any information in
his
the
agency's, official's,
or officer's possession relative to
such
the
loss, upon
the request of
the
insurance company. (D) In the absence of fraud or malice, no insurance
company,
or person who furnishes information on its behalf, is
liable
for
in damages in any civil action, including any action
brought
pursuant
to section 1347.10 of the Revised Code, or
subject to
criminal
prosecution for any oral or written statement
made or any
other
action taken that is necessary to supply
information
required
pursuant to
under this section. (E) Except as otherwise provided in division (C) of this
section, the officials and departmental and agency personnel
receiving any information furnished
pursuant to
under this section
shall
hold the information in confidence until such time as its
release
is required pursuant to a criminal or civil proceeding. (F) Any official referred to in division (A) of this
section
may testify as to any information in
his
the official's
possession
regarding the fire loss of real or personal property in any civil
action in which any person seeks recovery under a policy against
an insurance company for the fire loss. (G) As used in this section, "insurance company" includes
the Ohio fair plan underwriting association as established in
section 3929.43 of the Revised Code. (H)(1) No person shall purposely refuse to release any
information requested, pursuant to division (A) of this section,
by an agency, official, or officer authorized to request
such
the
information by that division. (2) No person shall purposely refuse to notify the fire
marshal and prosecuting attorney of a fire loss required to be
reported
pursuant to
under division (B) of this section. (3) No person shall purposely refuse to supply the fire
marshal and prosecuting attorney with pertinent information
required to be furnished
pursuant to
under division (B) of this
section. (4) No person shall purposely fail to hold in confidence
information required to be held in confidence by division (E) of
this section.
Sec. 3737.21. (A) The director of the department of
commerce shall appoint, from names submitted to
him
the
director
by the state
fire commission, a fire marshal, who shall serve at
the pleasure
of the director and shall possess the following
qualifications: (1) A degree from an accredited college or university with
specialized study in either the field of fire protection or fire
protection engineering, or the equivalent qualifications
determined from
his training, experience, and duties in a fire
service; (2) Five years of recent, progressively more responsible
experience in fire inspection,
fire code enforcement, fire
investigation, fire
protection engineering, teaching of fire
safety engineering, or
fire fighting. (B) When a vacancy occurs in the position of fire marshal,
the director shall notify the state fire commission. The
commission shall communicate the fact of the vacancy by regular
mail to all fire chiefs and fire protection engineers known to
the
commission, or whose identity may be ascertained by the
commission
by the exercise of due diligence. The commission
shall, no
earlier than thirty days after mailing the
notification,
shall
compile a list of all applicants for the position
of fire marshal
who are qualified under this section. The
commission shall submit
the names of at least three persons on
the list to the director.
The director shall appoint the fire
marshal from the list of at
least three names or may request the
commission to submit
additional names.
Sec. 3737.22. (A) The fire marshal shall do all of the
following: (1) Adopt the state fire code under sections 3737.82 to
3737.86 of the Revised Code; (2) Enforce the state fire code; (3) Appoint assistant fire marshals who are authorized to
enforce the state fire code; (4) Conduct investigations into the cause, origin, and
circumstances of fires and explosions, and
prosecute
assist in the
prosecution of persons
believed to be guilty of arson or a similar
crime; (5) Compile statistics concerning loss due to fire and
explosion as the fire marshal considers necessary, and
consider
the
compatibility of the fire marshal's system of compilation
with
the systems of
other state and federal agencies and fire marshals
of other
states; (6) Engage in research on the cause and prevention of
losses
due to fire and explosion; (7) Engage in public education and informational
activities
which will inform the public of fire safety
information; (8) Operate a fire training academy and
arson crime
forensic
laboratory; (9) Conduct
such other fire safety and fire fighting
training activities for the public and groups as will further the
cause of fire safety; (10)
Issue
Conduct licensing examinations, and issue permits,
licenses, and certificates, as
authorized
by the Revised Code; (11)
Conduct tests of fire protection systems and devices,
and fire fighting equipment to determine compliance with the
state
fire code, unless a building is insured against the hazard
of
fire, in which case
such
tests may be performed by the
company
insuring the building; (12) Establish and collect fees for
conducting licensing
examinations and for issuing permits,
licenses, and
certificates; (13) Make available for the prosecuting attorney and an
assistant prosecuting attorney from each county of this state, in
accordance with section 3737.331 of the Revised Code, a seminar
program, attendance at which is optional, that is designed to
provide current information, data, training, and techniques
relative to the prosecution of arson cases; (14) Administer and enforce Chapter 3743. of the Revised
Code; (15) Develop
a
form
uniform standard for the
written
report
reporting of information required to be
filed under
division
(E)(4) of section 2921.22 of the Revised
Code, and accept
such
the reports
of the information when they are filed. (B) The fire marshal shall appoint a chief deputy
fire
marshal, and
shall
employ professional and clerical
assistance
assistants as the fire
marshal
considers
necessary. The chief
deputy shall be a
competent former
or current member
of a fire
agency and possess
five years of
recent, progressively more
responsible experience in
fire
inspection, fire code enforcement,
and fire code management.
All
The chief deputy, with the approval
of the director of commerce, shall temporarily assume the duties
of the fire marshal when the fire marshal is absent or temporarily
unable to carry out the duties of the office. When there is a
vacancy in the office of fire marshal, the chief deputy, with the
approval of the director of commerce, shall temporarily assume the
duties of the fire marshal until a new fire marshal is appointed
under section 3737.21 of the Revised Code. All employees, other than
the fire marshal,; the
chief
deputy,
fire marshal; the
superintendent of the Ohio
fire
academy,; the grants
administrator,;
the fiscal officer,; the
executive secretary to the
state fire
marshal,; legal counsel; the
pyrotechnics administrator, the chief of the forensic
laboratory;
the person appointed by the fire marshal to serve as
administrator
over functions concerning testing, license
examinations, and the
issuance of permits and certificates; and
the
chiefs
of
the
bureau
bureaus of fire prevention,
the arson
bureau, the
arson crime
laboratory
of fire and explosion
investigation, of code
enforcement, and
the bureau of underground storage
tanks, shall
be
in the
classified civil
service. The fire
marshal
shall
authorize
the
chief deputy and other employees
under the
fire
marshal's
supervision to exercise powers
granted to the fire
marshal by law
as
may be necessary to carry out the duties of the
fire marshal's
office. (C) The fire marshal shall create, in and as a part of the
office of fire marshal,
an arson
a fire and explosion
investigation bureau consisting of a chief of
the bureau, and
such
additional assistant fire marshals as the
fire marshal determines
necessary for the efficient
administration
of the bureau. The
chief shall be experienced in
the
investigation of the cause,
origin, and circumstances of
fires,
and in administration,
including the supervision of
subordinates.
The chief, among other
duties delegated to the
chief by
the fire
marshal, shall be
responsible, under the direction of
the fire
marshal, for the
investigation of the cause, origin, and
circumstances of
each
fire
fires and explosions in the state, and for
assistance in the
prosecution of persons
believed to
be guilty of arson or a similar
crime. (D)
At
the fire marshal's discretion, the
(1) The fire
marshal shall create, as part of the office of
fire marshal, a
bureau of code enforcement consisting of a chief
of the bureau and
additional assistant fire marshals as the fire
marshal determines
necessary for the efficient administration of
the bureau. The
chief shall be qualified, by education or
experience, in fire
inspection, fire code development, fire code
enforcement, or any
other similar
field determined by the fire marshal, and in
administration,
including the supervision of subordinates. The
chief is
responsible, under the direction of the fire marshal, for
fire
inspection, fire code development, fire code enforcement,
and any
other duties delegated to the chief by the fire marshal. (2) The fire marshal,
or
the
chief deputy
under the
direction of the fire marshal,
the
chief of the bureau of code
enforcement, or any assistant fire
marshal under the direction of
the fire marshal, the chief deputy fire marshal, or the chief of
the bureau of code enforcement
may
cause
the
inspection to be
conducted
the inspection of
all buildings, structures,
and other
places, the
condition of
which may be dangerous from a
fire safety
standpoint to life or
property, or to property
adjacent
thereto
to
the buildings,
structures, or other places. (E) The fire marshal shall create, as a part of the office
of fire marshal, a bureau of fire prevention consisting of a
chief
of the bureau, and
such additional assistant fire marshals
as the
fire marshal determines necessary for the efficient
administration
of the bureau. The chief shall be qualified, by
education or
experience, to promote programs for rural and urban
fire
prevention and protection. The chief, among other duties
delegated to the chief by the fire marshal, is responsible,
under
the
direction of the fire marshal, for the promotion of rural and
urban fire prevention and protection through public information
and education programs. (F)
The fire marshal shall cooperate with the director of
job and family services when the director
promulgates
adopts rules
pursuant to
under section 5104.052 of the Revised Code regarding
fire
prevention
and fire safety in certified type B family
day-care
homes, as
defined in section 5104.01 of the Revised Code,
recommend
procedures for inspecting type B homes to determine
whether they
are in compliance with those rules, and provide
training and
technical assistance to the director and county
directors of
job and family services on the procedures for
determining
compliance with
those rules. (G) The fire marshal, upon request of a provider of child
day-care in a type B home that is not certified by the county
director of job and family services, as a precondition of
approval
by the
state board of education
pursuant to
under section 3313.813
of
the
Revised Code for receipt of United States department of
agriculture child and adult care food program funds established
under
the
"National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751,
as amended, shall inspect the type B home to
determine compliance
with rules
promulgated pursuant to
adopted
under section
5104.052 of the
Revised Code regarding fire
prevention and fire
safety in
certified type B homes. In
municipal corporations and
in
townships where there is a certified
fire safety inspector, the
inspections shall be made by that
inspector under the supervision
of the fire marshal, according to
rules
promulgated pursuant to
adopted under section 5104.052 of
the Revised Code. In townships outside
municipal corporations
where there is no certified fire safety
inspector, inspections
shall be made by the fire marshal.
Sec. 3737.221. (A) As used in this section, "motor vehicle"
has the same meaning as in section 4511.01 of the Revised Code.
(B) The office of the fire marshal is liable for injury,
death, or loss to person or property caused by the negligent
operation of any motor vehicle by its employees upon the public
roads, highways, or streets in the state when the employees are
engaged within
the scope of their employment and authority,
without regard to the proximity of that operation to the office of
the fire marshal. Notwithstanding
division (A)(1) of section
2743.02 of the Revised Code, a full
defense to that liability is
that if the fire marshal, the chief
deputy fire marshal, or an
assistant fire marshal was operating
the motor vehicle, the fire
marshal, chief deputy fire marshal, or
assistant fire marshal was
acting within the scope of division
(A)(2), (4), or (14) of
section 3737.22, or section 3737.24 or
3737.26, of the Revised
Code and the operation of the vehicle did
not constitute willful
or wanton misconduct.
(C) The fire marshal, the chief deputy fire marshal, and any
assistant fire marshal is immune from liability for injury, death,
or loss to person or property caused by the operation of any motor
vehicle upon the public roads, highways, or streets in the state
when acting within the scope of division
(A)(2), (4), or (14) of
section 3737.22, or section 3737.24 or 3737.26,
of the Revised
Code, without regard to the proximity of that operation to the
office of the fire marshal, unless one of the following applies:
(1) The operation of the vehicle was manifestly outside the
scope of the employee's employment or official responsibilities.
(2) The operation of the vehicle constituted willful or
wanton misconduct.
Sec. 3737.26. If the fire marshal or an assistant fire
marshal, is of the
opinion
determines that there is evidence
sufficient to charge a person with arson or a
similar crime, or
with a violation of section 3737.62 of the Revised Code,
he shall
the marshal or assistant marshal may arrest
such
the person or
cause
him
the person to be arrested and charged with
such
the
offense.
Such
The fire marshal or assistant
marshall
fire marshal
shall
furnish
provide the prosecuting
attorney
such
the evidence,
with the names
of witnesses, and a copy of material
testimony
taken in the case.
Sec. 3737.27. The fire marshal or an assistant fire marshal
may summon and
compel the attendance of witnesses to testify in
relation to any matter
which
that is a proper subject of inquiry
and
or
investigation, and may require the
production of any book,
paper,
or document, or record, regardless of physical form or
characteristic.
Sec. 3737.28. The fire marshal or an assistant fire marshal
may administer
an
oath to any person appearing as a witness before
him
the fire marshal or
assistant fire marshal. No witness shall
refuse
to
be sworn
or, refuse to testify,
or disobey an order of
the
fire marshal,
or
of
an
assistant
fire marshal, or fail or
refuse to produce a book,
paper,
or document, or record,
regardless of physical form or characteristic,
concerning a matter
under examination, or be
guilty of
contemptuous conduct
after
being summoned by
such
officer
the fire
marshal or an assistant
fire marshal to appear before
him
the
fire
marshal or assistant
fire marshal to
give testimony in
relation to
a matter or subject
under
investigation.
Sec. 3737.42. (A) If, upon inspection or investigation,
the
fire marshal, an assistant fire marshal, or a certified fire
safety inspector believes that the state fire code
or an
associated order has been
violated,
he
the fire marshal, assistant
fire marshal, or
certified
fire safety inspector shall, with
reasonable promptness,
issue a citation
to
the responsible person.
Each citation shall
be in writing and
shall describe with
particularity the nature of
the violation,
including a reference
to the provision of the state
fire code or
associated order
alleged to have been violated. In addition,
the citation
shall
fix a reasonable time for the abatement of the
violation.
When the
citation is issued by
an officer other than
the fire
marshal
a
certified fire safety inspector or an assistant
fire marshal, a
copy of the citation shall be furnished to the
fire
marshal. (B) The fire marshal may prescribe procedures for the
issuance of a notice in lieu of a citation with respect to de
minimis violations
which
that have no direct or immediate
relationship
to safety or health. (C) Each citation issued under this section, or a copy or
copies
thereof
of the citation, shall be prominently posted by the
responsible
person, as prescribed in the state fire code, at or
near each
place a violation referred to in the citation occurs.
Sec. 3737.43. (A) If, after an inspection or
investigation,
an officer
the fire marshal, an assistant fire marshal, or a
certified fire safety inspector issues a citation under section
3737.41
or 3737.42 of the Revised Code,
he
the issuing authority
shall, within a
reasonable time after such inspection or
investigation
and in accordance with Chapter 119. of the Revised
Code, notify the responsible
person
by certified mail of the
citation and penalty, if any,
proposed to be assessed under
section 3737.51 of the Revised
Code, and of the responsible
person's right to appeal
the citation and penalty, under Chapter
119. of the Revised Code, to the state
board of building appeals
established under section
3781.19 of the Revised Code within
thirty days after
receipt of the notice.
(B) If the responsible person is aggrieved by an order of
the board, the
person may appeal to the court of common pleas
where the property that is the
subject of the citation is located,
within thirty days after the board renders
its decision. (C) As used in this section, "issuing authority" means the
office of the fire marshal, in the case of a citation issued by
the fire marshal or an assistant fire marshal, or the applicable
township or municipal corporation, in the case of a citation
issued by a certified fire safety inspector.
Sec. 3737.45. If any responsible person fails to comply
with
an order of the fire marshal, an assistant fire marshal, or
a
certified fire safety inspector as finally affirmed or modified
by
the
hearing officer pursuant to
state board of building appeals
under section 3737.43 of the Revised
Code, within the time fixed
in
such
the order, then
such officer
the fire marshal, assistant
fire marshal, or certified fire safety inspector may
file a
complaint in
the court of common pleas of the county where
the
property is
located for a court order authorizing
him
the fire
marshal,
assistant fire marshal, or certified fire safety
inspector to
cause the building, structure, or premises to be
repaired,
or
demolished, materials
to be removed, and all
dangerous conditions
to be
remedied, if such was the mandate of
the order as affirmed or
modified by the
hearing officer
state
board of building appeals, at the expense of the
responsible
person. If the responsible person, within thirty
days thereafter,
fails, neglects, or refuses to pay the expense
that would be
incurred in enforcing the
court order of the
court of common
pleas
court
under this section, the court shall order that the
real
estate
upon which the building, structure, or premises is or
was
situated
be sold pursuant to Chapter 2329. of the Revised
Code,
except as
otherwise provided in this section. The proceeds
of the
sale
shall be credited to the fire marshal's fund. The
fire
marshal
shall use the proceeds of the sale to cause the
repair or
demolition of any building, structure, or premises, the
removal of
materials, or the remedy of all dangerous conditions
unless the
purchaser of the real estate enters into an agreement
with the
court to perform the repair, demolition, removal, or
remedy within
a time period acceptable to the court. No bid of a
prospective
purchaser shall be acceptable which is insufficient
to pay the
expense
which
that the fire marshal would incur. If the
amount
received from the sale exceeds the expense
which
that the fire
marshal
would incur, the court shall direct the payment of the
surplus
first to those parties with encumbrances, mortgages, or
liens on
the real estate in order of their priority, and then to
the
responsible person or into the court for its use and benefit.
Sec. 3737.81. (A) There is hereby created the state fire
commission consisting of ten members to be appointed by the
governor with the advice and consent of the senate. The fire
marshal or
his
chief deputy
fire marshal, a representative
designated by the
department of public safety who has tenure in
fire suppression,
and a representative designated by the board of
building
standards shall be ex officio members. Of the initial
appointments made to the commission, two shall be for a term
ending one year after
the effective date of this section
November
1, 1978, two shall be for a term ending two years after that date,
two shall be for a term ending three years after that date, two
shall be for a term ending four years after that date, and two
shall be for a term ending five years after that date.
Thereafter,
terms of office shall be for five years, each term
ending on the
same day of the same month of the year as did the
term which it
succeeds. Each member shall hold office from the
date of
his
appointment until the end of the term for which
he
the member was
appointed. Any member appointed to fill a vacancy
occurring
prior
to the expiration of the term for which
his
the member's
predecessor was
appointed shall hold office for the remainder of
such
that term. Any
member shall continue in office subsequent to
the expiration date
of
his
the member's term until
his
a successor
takes office, or until a period
of sixty days has elapsed,
whichever occurs first. Members shall
be qualified by experience
and training to deal with the matters
that are the responsibility
of the commission. Two members shall
be members of paid fire
services, one shall be a member of
volunteer fire services, two
shall be mayors, managers, or
members of legislative authorities
of
municipalities
municipal corporations, one shall
represent
commerce and industry, one shall be a representative of
a fire
insurance company domiciled in this state, one shall
represent the
flammable liquids industry, one shall represent the
construction
industry, and one shall represent the public. At no
time shall
more than six members be members of or associated with
the same
political party. Membership on the commission shall not
constitute holding a public office, and no person shall forfeit or
otherwise vacate
his
the person's office or position of
employment
because of membership on the commission. (B) The ex officio members may not vote, except that the
fire marshal or
his
chief deputy
fire marshal may vote in case
of
a tie. (C) Each member of the commission, other than ex officio
members, shall be paid an amount equal to that payable under pay
range 32 (S)(D) fixed pursuant to division (J) of section 124.15
of the Revised Code, and
his
the member's actual and necessary
expenses. (D) The commission shall select a
chairman
chairperson and a
vice-chairman
vice-chairperson from among its members. No
business may be transacted in the absence of a quorum. A quorum
shall be at
least six members, excluding ex officio members, and
shall
include either the
chairman
chairperson or
vice-chairman
vice-chairperson. The commission
shall hold regular meetings at
least once every two months and
may meet at any other time at the
call of the
chairman
chairperson. (E) The fire marshal shall provide the commission with
office space, meeting rooms, staff, and clerical assistance
necessary for the commission to perform its duties.
If the
commission maintains the Ohio fire service hall of fame under
division (C) of section 3737.03 of the Revised Code, the fire
marshal shall preserve, in an appropriate manner, in the office
space or meeting rooms provided to the commission under this
division or in another location, copies of all official
commendations awarded to individuals recognized and commemorated
for their exemplary accomplishments and acts of heroism at
fire-related incidents or similar events that occurred in this
state.
(F) If the commission maintains the Ohio fire service hall
of fame under division (C) of section 3737.03 of the Revised Code,
the expenses incurred for the recognition and commemoration of
individuals for their exemplary accomplishments and acts of
heroism at fire-related incidents or similar events that occurred
in this state, including, but not limited to, expenses for
official commendations and an annual awards ceremony as described
in division (C) of
section 3737.03 of the Revised Code, may be
paid from moneys
appropriated by the general assembly for purposes
of that
recognition and commemoration, from moneys that are
available to
the fire marshal under this chapter, or from other
funding sources available to the commission.
Sec. 4765.49. (A) A first responder, emergency
medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic is not liable in
damages in
a civil action for injury, death, or loss to person or property
resulting from the individual's administration of emergency
medical services,
unless the services are administered
in a manner
that constitutes willful or wanton misconduct. A
physician or
registered nurse designated by a physician, who is
advising or
assisting in the emergency medical services by means
of any
communication device or telemetering system, is not liable
in
damages in a civil action for injury, death, or loss to person
or
property resulting from the individual's advisory communication
or
assistance, unless the advisory communication or assistance is
provided in a manner that constitutes willful or wanton
misconduct. Medical directors and members of cooperating
physician advisory boards of emergency medical service
organizations are not liable in damages in a civil action for
injury, death, or loss to person or property resulting from their
acts or omissions in the performance of their duties, unless
the
act or omission constitutes willful or wanton misconduct. (B) A political subdivision, joint ambulance district, joint
emergency
medical services district, or
other public agency, and
any officer or employee of a public
agency or of a private
organization operating under contract or
in joint agreement with
one or more political subdivisions, that
provides emergency
medical services, or that enters into a joint
agreement or a
contract with the state, any political
subdivision, joint
ambulance district, or joint emergency medical
services district
for the provision of
emergency medical services, is not liable in
damages in a civil
action for injury, death, or loss to person or
property arising
out of any actions taken by a first responder,
EMT-basic, EMT-I, or paramedic working under the officer's
or
employee's jurisdiction, or for
injury, death, or loss to person
or property arising out of any
actions of licensed medical
personnel advising or assisting the
first responder, EMT-basic,
EMT-I, or
paramedic, unless the services are provided in a manner
that constitutes
willful or wanton misconduct. (C) A student who is enrolled in an emergency medical
services training program accredited under section 4765.17 of the
Revised Code or an emergency medical services continuing
education
program approved under that section is not liable in
damages in a
civil action for injury, death, or loss to person or
property
resulting from either of the following: (1) The student's administration of emergency medical
services or patient care or treatment, if the services, care, or
treatment is administered while the student is under the direct
supervision and in the immediate presence of an
EMT-basic, EMT-I,
paramedic, registered nurse, or physician and while the student
is
receiving clinical training that is required by the program,
unless the services, care, or treatment is provided in a manner
that constitutes willful or wanton misconduct; (2) The student's training as an ambulance driver, unless
the driving is done in a manner that constitutes willful or
wanton
misconduct. (D) An EMT-basic, EMT-I, paramedic, or other operator, who
holds a valid commercial driver's license issued pursuant to
Chapter 4506. of the Revised Code or driver's license issued
pursuant to Chapter 4507. of the Revised Code and who is employed
by an emergency medical service organization that is not owned or
operated by a political subdivision as defined in section 2744.01
of the Revised Code, is not liable in damages in a civil action
for injury, death, or loss to person or property that is caused
by
the operation of an ambulance by the EMT-basic, EMT-I,
paramedic,
or other operator while responding to or completing a call for
emergency medical services, unless the operation constitutes
willful or wanton misconduct or does not comply with the
precautions of section 4511.03 of the Revised Code. An emergency
medical service organization is not liable in damages in a civil
action for any injury, death, or loss to person or property that
is caused by the operation of an ambulance by its employee or
agent, if this division grants the employee or agent immunity
from
civil liability for the injury, death, or loss. (E) An employee or agent of an emergency medical service
organization who receives requests for emergency medical services
that are directed to the organization, dispatches first
responders, EMTs-basic, EMTs-I, or paramedics in
response to
such
those requests, communicates
such
those requests to those
employees or
agents of the organization who are authorized to
dispatch first
responders, EMTs-basic, EMTs-I, or paramedics, or
performs any combination of these functions for the organization,
is not
liable in damages in a civil action for
injury, death, or
loss to person or property resulting from the
individual's acts or
omissions in the performance of those duties for the
organization,
unless an act or omission constitutes willful or
wanton
misconduct. (F) A person who is performing the functions of a first
responder, EMT-basic, EMT-I, or paramedic under the
authority of
the laws of a
state that borders this state and who provides
emergency medical
services to or transportation of a patient in
this state is not
liable in damages in a civil action for injury,
death, or loss to
person or property resulting from the person's
administration of emergency
medical services, unless the services
are administered in a
manner that constitutes willful or wanton
misconduct. A
physician or registered nurse designated by a
physician, who is
licensed to practice in the adjoining state and
who is advising
or assisting in the emergency medical services by
means of any
communication device or telemetering system is not
liable in
damages in a civil action for injury, death, or loss to
person or
property resulting from the person's advisory
communication or
assistance, unless the advisory communication or
assistance is provided in a
manner that constitutes willful or
wanton misconduct. (G) A person certified under section 4765.23 of the
Revised
Code to teach in an emergency medical services training
program or
emergency medical services continuing education
program, and a
person who teaches at the Ohio fire academy established under
section 3737.33 of the Revised Code or in a fire service training
program described in division (B) of section 4765.55 of the
Revised Code, is not liable in damages in a civil action for
injury,
death, or loss to person or property resulting from the
person's
acts or omissions in the performance of the person's
duties, unless an act or
omission constitutes willful or wanton
misconduct. (H) In the accreditation of emergency medical services
training programs or approval of emergency medical services
continuing education programs, the state board of emergency
medical services and any person or entity authorized by the board
to evaluate applications for accreditation or approval are not
liable in damages in a civil action for injury, death, or loss to
person or property resulting from their acts or omissions in the
performance of their duties, unless an act or omission
constitutes
willful or wanton misconduct. (I) A person authorized by an emergency medical service
organization to review the performance of first responders,
EMTs-basic, EMTs-I, and paramedics or to administer quality
assurance programs is not
liable in damages in a civil action for
injury, death, or loss to
person or property resulting from the
person's acts or omissions in
the performance of the person's
duties, unless an act or omission constitutes
willful or wanton
misconduct.
Section 2. That existing sections 9.60, 146.01, 146.12,
2743.02, 2909.01, 2921.22, 3737.01, 3737.03, 3737.16, 3737.21,
3737.22, 3737.26,
3737.27, 3737.28, 3737.42, 3737.43, 3737.45,
3737.81, and
4765.49 of the Revised
Code are hereby
repealed.
Section 3. This act shall be known as the
"Fire Marshal
Modernization Act."
Section 4. Section 2921.22 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 445 and Sub. S.B. 223 of the 121st General Assembly.
The
General Assembly, applying the
principle stated in division
(B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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