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§ 35.11 IMPERSONATING FIRE SAFETY INSPECTOR.
   (A)   No person who is not a certified fire safety inspector shall act as such or hold himself or herself out to be such, unless prior to commencing any inspection function, he or she discloses the purpose for which he or she is making the inspection and the fact that he or she is not employed by any state or local fire service or agency, and that he or she is not acting in an official capacity for any governmental subdivision or agency.
(R.C. § 3737.64)
   (B)   Whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 3737.99(D))
§ 35.12 STANDARDS FOR EQUIPMENT.
   (A)   No person shall sell, offer for sale, or use any fire protection or fire fighting equipment that does not meet the minimum standards established by the State Fire Marshal in the Ohio Fire Code.
   (B)   Except for public and private mobile fire trucks, no person shall service, test, repair, or install for profit any fire protection or fire fighting equipment without a certificate or a provisional certificate issued by the State Fire Marshal pursuant to R.C. § 3737.65.
(R.C. § 3737.65(A), (B))
   (C)   Whoever violates division (A) or (B) of this section is guilty of a misdemeanor of the third degree.
(R.C. § 3737.99(E))
§ 35.13 PERSONS ENTITLED TO BE KNOWN AS FIREFIGHTERS.
   (A)   As used in this section:
      FIREFIGHTING AGENCY. Has the same meaning as in R.C. § 9.60.
      PRIVATE FIRE COMPANY. Has the same meaning as in R.C. § 9.60.
   (B)   No person shall claim to the public to be or act as a firefighter, volunteer firefighter, member of a fire department, Fire Chief, or Fire Prevention Officer unless the person is recognized as a firefighter, volunteer firefighter, member of a fire department, member of a private fire company, Fire Chief, or Fire Prevention Officer by the State Fire Marshal or has received a certificate issued under R.C. § 4765.55 or former R.C. § 3303.07 evidencing satisfactory completion of a firefighter training program and has been appointed by the governing board of a firefighting agency or, in the case of a volunteer firefighter, receives such a certificate within one year after appointment by the governing board of a firefighting agency.
(R.C. § 3737.66) (Rev. 2008)
   (C)   Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 3737.99(G))
§ 35.14 FIREFIGHTING AND EMERGENCY SERVICES AGREEMENTS.
   (A)   As used in this section:
      EMERGENCY MEDICAL SERVICE. Has the same meaning as in R.C. § 4765.01.
      EMERGENCY MEDICAL SERVICE ORGANIZATION. Has the same meaning as in R.C. § 4765.01.
      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.
      FIREFIGHTING AGENCY. Means the municipality, other municipal corporation, a township, township fire district, joint ambulance district, joint emergency medical services district or joint fire district and the office of the State Fire Marshal.
      MOTOR VEHICLE. Has the same meaning as in R.C. § 4511.01.
      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 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)   The municipality may contract with any firefighting agency, private fire company, or 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 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)   (1)   The provisions of R.C. Chapter 2744, 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.
      (2)   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 R.C. Chapter 4123, 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 R.C. § 2744.02. 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 R.C. § 2744.03.
   (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 R.C. § 2743.02(A)(1), 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 R.C. Chapter 4507, the operation of the vehicle did not constitute willful or wanton misconduct, and the operation complies with the precautions described in R.C. § 4511.03.
      (2)   An employee of the office of the State Fire Marshal, when providing service 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 of official responsibilities.
         (b)   The operation of the vehicle constituted willful or wanton misconduct.
(R.C. § 9.60) (Rev. 2003)
§ 35.15 REGULATION OF CONSTRUCTION IN FIRE LIMITS.
   The Legislative Authority may regulate the erection of houses and business structures and prohibit the erection of buildings within such limits as it deems proper, unless the outer walls are constructed of noncombustible material, and, on the petition of the owners of not less than two-thirds of the ground included in any square or half-square, may prohibit the erection thereon of any building, or addition to any building more than ten feet high, unless the outer walls are made of iron, stone, brick and mortar, or of some of them, and may provide for the removal of any building or additions erected in violation of the prohibition.
(R.C. § 737.28) (Rev. 2002)
VOLUNTEER FIREFIGHTERS’ DEPENDENTS FUND BOARD
§ 35.30 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FIRE DEPARTMENT. A volunteer fire department, a fire department of a political subdivision or fire district of the state, or a private volunteer company that has elected to participate in the Volunteer Firefighters’ Dependents Fund pursuant to R.C. § 146.02.
   MEMBER OF THE FUND. Includes a political subdivision or fire district of the 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 Firefighters’ Dependents Fund.
   PRIVATE VOLUNTEER FIRE COMPANY. 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 the state.
   TOTALLY AND PERMANENTLY DISABLED. The term 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.
   VOLUNTEER FIREFIGHTER.
      (1)   The term means both of the following, subject to division (2) of this definition:
         (a)   A duly appointed member of a fire department on either a non-pay 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 wived 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 R.C. Chapter 146 and, in particular, for purposes of R.C. § 146.12(A) and (B), until the firefighter has at least 1.5 years of Ohio service credit for purposes of R.C. § 145.45(B);
         (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 R.C. Chapter 146 and, in particular, for purposes of R.C. § 146.12(C), until the firefighter has at least five years of total service credit for purposes of R.C. §§ 145.35 and 145.36 or R.C. § 145.361.
   VOLUNTEER FIREFIGHTERS’ DEPENDENTS FUND. The Fund established by R.C. § 146.07.
(R.C. § 146.01) (Rev. 2003)
§ 35.31 ESTABLISHMENT.
   (A)   If and when the municipality has a Fire Department employing volunteer firefighters, it shall be a member of the Volunteer Firefighters’ Dependents Fund and shall establish a Volunteer Firefighters’ Dependents Fund Board.
   (B)   A private volunteer fire company which has contracted to afford fire protection to a political subdivision or fire district may become a member of the Volunteer Firefighters’ Dependents Fund by election and shall, if it so elects, establish a Volunteer Firefighters’ Dependents Fund Board. The company shall notify the State Fire Marshal and the governing body of the political subdivision or fire district with which it has its major contract of the election to become a member of the Fund.
(R.C. § 146.02) (Rev. 2002)
§ 35.32 MEMBERSHIP; VACANCIES.
   (A)   A Volunteer Firefighters’ Dependents Fund Board provided for in § 35.31(A) shall consist of five members chosen as follows:
      (1)   Two members elected by the Legislative Authority of the political subdivision or the Legislative Authority of the fire district;
      (2)   Two members elected by the Fire Department or the volunteer firefighters;
      (3)   One member elected by the Board members who were elected pursuant to divisions (A)(1) and (A)(2) of this section. This member shall be an elector of the municipality or the fire district, but not a public employee, a member of Legislative Authority or a member of the Fire Department.
   (B)   A Volunteer Firefighters’ Dependents Fund Board provided for in § 35.31(B) shall consist of five members chosen as follows:
      (1)   Two members elected by Legislative Authority of the political subdivision or the Legislative Authority of the fire district with which the private volunteer fire company has its major contract;
      (2)   Two members elected by the private volunteer fire company;
      (3)   One member elected by the Board members who were elected pursuant to divisions (B)(1) and (B)(2) of this section. This member shall be an elector of a political subdivision or fire district with which the private volunteer fire company has contracted to afford fire protection, but not a public employee, a member of the Legislative Authority or a member of the fire company.
   (C)   Any vacancy occurring in a Volunteer Firefighters’ Dependents Fund Board shall be filled at a special election called by the Secretary of the Board.
(R.C. § 146.03) (Rev. 2002)
§ 35.33 ELECTION AND TERM OF MEMBERS.
   (A)   The term of each member of the Volunteer Firefighters’ Dependents Fund Board is one year and begins on January 1.
   (B)   Election of Board members provided for in § 35.32(A)(1) and (B)(1) shall be held each year no earlier than November 1 and no later than the second Monday in December, and the election of the Board members provided for in § 35.32(A)(3) and (B)(3) shall be held each year on or before December 31.
   (C)   The Board members provided for in § 35.32(A)(2) and (B)(2) shall be elected on or before the second Monday in December, as follows:
      (1)   The Secretary of the Board shall give notice of the election by posting it in a conspicuous place at the headquarters of the Fire Department or fire company and at the house of each company composing the Fire Department. Between 9:00 a.m. and 9:00 p.m. on the day designated, each member of the Department or company shall send in writing the name of two persons, members of the Department or company, who are the member’s choices.
      (2)   All votes cast at the election shall be counted and recorded by the Board which shall announce the result. The two members receiving the highest number of votes are elected. If any two persons receive a tie vote, it shall be decided by lot or in any other way agreed upon by the persons for whom the tie vote was cast.
(R.C. § 146.04) (Rev. 2002)
§ 35.34 ORGANIZATION; RULES AND REGULATIONS; ROSTER.
   (A)   The Volunteer Firefighters’ Dependents Fund Board shall meet promptly after its election and organize. A Chairperson and a Secretary shall be elected. The Secretary shall keep a complete record of the proceedings of the Board, which record shall be maintained as a permanent file.
   (B)   The Board may adopt rules necessary for the handling and processing of claims and shall perform such other duties as are necessary to carry out this subchapter and R.C. §§ 146.01 through 146.19.
   (C)   The Secretary of the Board shall immediately certify to the State Fire Marshal the names and addresses of the members elected, by whom elected, and the names of the Board Chairperson and Secretary. The Secretary shall also forward a certificate prepared by the Municipal Clerk or the clerk of the fire district of the current assessed valuation of the municipality or fire district if the municipality or fire district is a member of the Fund.
   (D)   A private volunteer fire company which is a member of the Fund shall provide the Secretary of the Board with a roster of the fire company members and shall report any changes to the Secretary when they occur. Only persons whose names appear on the list, and in no event more than an average number of 50 names per station operated by the volunteer fire company, are eligible for benefits under this subchapter and R.C. §§ 146.01 through 146.19.
(R.C. § 146.05) (Rev. 2002)
§ 35.35 COMPENSATION AND EXPENSES OF BOARD; LEGAL ADVISOR.
   (A)   The members of the Volunteer Firefighters’ Dependents Fund Board shall serve without compensation. The municipality or the fire district within which the Board operates shall provide the necessary meeting place, stationery, postage, and supplies for the efficient conduct of its business.
   (B)   The legal advisor for the Board is the prosecuting attorney of the county in which the Board is located.
(R.C. § 146.06) (Rev. 2002)