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The Legislative Authority may establish all necessary regulations to guard against the occurrence of fires and protect the property and lives of its citizens against damage and accidents resulting therefrom, and for that purpose may establish and maintain a fire department, provide for the establishment and organization of fire engine and hose companies and rescue units, establish the hours of labor of the members of its fire department who shall not be required to be on duty continuously more than six days in every seven, and provide bylaws and regulation for the government of companies and their members as is necessary and proper.
(R.C. § 737.21)
Cross-reference:
Driving over fire hose, see § 72.121
False alarms, see § 132.09
Fireworks, explosives, fire prevention, see Chapter 91
(A) Each municipality establishing a fire department shall have a Fire Chief as the Department’s head, appointed by the Mayor with the advice and consent of the Legislative Authority, who shall continue in office until removed from office as provided by R.C. §§ 733.35 through 733.39. Neither this section nor any section of the Ohio Revised Code requires, or shall be construed to require, that the Fire Chief be a resident of the municipality.
(B) In each municipality not having a fire department, the Mayor shall, with the advice and consent of the Legislative Authority, appoint a Fire Prevention Officer who shall exercise all of the duties of a Fire Chief, except those involving the maintenance and operation of fire apparatus.
(C) The Legislative Authority may fix the compensation it considers best. The appointee shall continue in office until removed from office as provided by R.C. §§ 733.35 through 733.39. The provisions of § 35.03 shall extend to the Fire Prevention Officer.
(D) The Legislative Authority may provide for the appointment of permanent full-time paid firefighters as it considers best and fix their compensation, or for the services of volunteer firefighters, who shall be appointed by the Mayor with the advice and consent of the Legislative Authority, and shall continue in office until removed from office.
(E) No person shall be appointed as a permanent full- time paid firefighter of the municipality unless either of the following applies:
(1) The person has received a certificate issued under former R.C. § 3303.07 or R.C. § 4765.55 evidencing satisfactory completion of a firefighter training program;
(2) The person began serving as a permanent full-time paid firefighter with the municipality prior to July 2, 1970, and receives a fire training certificate issued under R.C. § 4765.55.
(F) No person who is appointed as a volunteer firefighter of the municipality shall remain in that position unless either of the following applies:
(1) Within one year of the appointment, the person has received a certificate issued under former R.C. § 3303.07 or R.C. § 4765.55 evidencing satisfactory completion of a firefighter training program;
(2) The person has served as a permanent full- time paid firefighter with the municipality prior to July 2, 1970, or as a volunteer firefighter with the municipality prior to July 2, 1979, and receives a certificate issued under R.C. § 4765.55.
(G) No person shall receive an appointment under this section unless the person has, not more than 60 days prior to receiving the appointment, passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the Legislative Authority. The appointing authority shall, prior to making an appointment, file with the Ohio Police and Fire Pension Fund or the Local Volunteer Firefighter’s Dependents Fund Board a copy of the report or findings of that licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse- midwife. The professional fee for the physical examination shall be paid for by the Legislative Authority.
(R.C. § 737.22) (Rev. 2024)
(H) Criminal records check for firefighters.
(1) The Fire Chief may request the Superintendent of the Ohio Bureau of Criminal Identification and Investigation (“BCII”) to conduct a criminal records check with respect to any person who is under consideration for appointment or employment as a permanent, full-time paid firefighter or any person who is under consideration for appointment as a volunteer firefighter.
(2) (a) The Fire Chief may request that the Superintendent of BCII obtain information from the Federal Bureau of Investigation as a part of the criminal records check requested pursuant to division (H)(1) of this section.
(b) The Fire Chief, authorized by division (H)(1) of this section to request a criminal records check, shall provide to each person for whom the Fire Chief intends to request a criminal records check a copy of the form prescribed pursuant to R.C. § 109.578(C)(1) and a standard impression sheet to obtain fingerprint impressions prescribed pursuant to R.C. § 109.578(C)(2), obtain the completed form and impression sheet from the person, and forward the completed form and impression sheet to the Superintendent of BCII at the time the criminal records check is requested.
(c) Any person subject to a criminal records check who receives a copy of the form and a copy of the impression sheet pursuant to division (H)(2)(b) of this section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the person’s fingerprints. If a person fails to provide the information necessary to complete the form or fails to provide impressions of the person’s fingerprints, the appointing authority shall not appoint or employ the person as a permanent full-time paid firefighter or a volunteer firefighter.
(3) (a) Except as otherwise provided in division (H)(3)(b) of this section, an appointing authority shall not appoint or employ a person as a permanent, full- time paid firefighter or a volunteer firefighter if the Fire Chief has requested a criminal records check pursuant to division (H)(1) of this section and the criminal records check indicates that the person previously has been convicted of or pleaded guilty to any of the following:
1. A felony;
2. A violation of R.C. § 2909.03;
3. A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses described in division (H)(3)(a)1. or (H)(3)(a)2. of this section.
(b) Notwithstanding division (H)(3)(a) of this section, an appointing authority may appoint or employ a person as a permanent, full-time paid firefighter or a volunteer firefighter if all of the following apply:
1. The Fire Chief has requested a criminal records check pursuant to division (H)(1) of this section.
2. The criminal records check indicates that the person previously has been convicted of or pleaded guilty to any of the offenses described in division (H)(3)(a) of this section.
3. The person meets rehabilitation standards established in rules adopted under division (H)(5) of this section.
(c) If the Fire Chief requests a criminal records check pursuant to division (H)(1) of this section, an appointing authority may appoint or employ a person as a permanent, full-time paid firefighter or volunteer firefighter conditionally until the criminal records check is completed and the Fire Chief receives the results. If the results of the criminal records check indicate that, pursuant to division (H)(3)(a) of this section, the person subject to the criminal records check is disqualified from appointment or employment, the Fire Chief shall release the person from appointment or employment.
(4) The Fire Chief shall pay to the BCII the fee prescribed pursuant to R.C. § 109.578(C)(3) for each criminal records check conducted in accordance with that section. The Fire Chief may charge the applicant who is subject to the criminal records check a fee for the costs the Fire Chief incurs in obtaining the criminal records check. A fee charged under this division shall not exceed the amount of fees the Fire Chief pays for the criminal records check. If a fee is charged under this division, the Fire Chief shall notify the applicant at the time of the applicant’s initial application for appointment or employment of the amount of the fee and that, unless the fee is paid, the applicant will not be considered for appointment or employment.
(5) The appointing authority shall adopt rules in accordance with R.C. Chapter 119 to implement this division (H). The rules shall include rehabilitation standards a person who has been convicted of or pleaded guilty to an offense listed in division (H)(3)(a) of this section must meet for the appointing authority to appoint or employ the person as a permanent, full-time paid firefighter or a volunteer firefighter.
(6) The Fire Chief requesting a criminal records check for an applicant shall inform each applicant, at the time of the person’s initial application for appointment or employment, that the applicant is required to provide a set of impressions of the person’s fingerprints and that the Fire Chief requires a criminal records check to be conducted and satisfactorily completed in accordance with R.C. § 109.578.
(7) As used in this section:
APPOINTING AUTHORITY. Means any person or body that has the authority to hire, appoint, or employ permanent, full-time paid firefighters and volunteer firefighters under R.C. § 737.22.
CRIMINAL RECORDS CHECK. Has the same meaning as in R.C. § 109.578.
SUPERINTENDENT OF BCII. Has the same meaning as in R.C. § 2151.86.
(R.C. § 737.221) (Rev. 2003)
The Legislative Authority may send any of the officers and firefighters of its fire department to schools of instruction designed to promote the efficiency of firefighters, and, if authorized in advance, may pay their necessary expenses from the funds used for the maintenance and operation of the fire department.
(R.C. § 737.23)
The Legislative Authority may purchase the necessary fire engines and other equipment as is necessary for the extinguishment of fires and the saving of lives, and may establish lines of fire alarm telegraph within the limits of the municipality.
(R.C. § 737.24)
The Fire Chief shall keep in convenient form a complete record of all fires. The record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and other information as he or she may deem advisable, or as may be required from time to time by the Legislative Authority.
(A) Whenever the municipality employs three or more full-time paid firefighters, the Fire Chief shall divide the uniform force into not less than two platoons, and where the uniform force is so divided into two platoons, the Chief shall keep a platoon of the uniform force on duty 24 hours after which the platoon serving 24 consecutive hours shall be allowed to remain off duty for at least 24 consecutive hours, except in cases of extraordinary emergency. Each individual member of the platoons, in addition to receiving a minimum of 24 hours off duty in each period of 48 hours, shall receive an additional period of 24 consecutive hours off duty in each period of eight days, so that no individual member shall be on duty more than a total of 72 hours in any period of eight days. The Chief shall arrange the schedule of working hours to comply with this section. The Chief may, however, in cases of sickness, death, or on other necessary occasions, permit the exchange of working hours between members of the department. All employees of the fire department shall be given not less than two weeks’ leave of absence annually, with full pay. This section, insofar as it relates to off duty periods, does not apply to the municipality if it adopts a 40-hour week, or if it has a three platoon system, the members of which work 24 consecutive hours, immediately followed by 48 consecutive hours off duty, but the provisions relating to the two weeks’ leave of absence do apply.
(B) As used in this section,
FULL-TIME PAID FIREFIGHTERS does not include volunteer firefighters, or firefighters who work part time.
(R.C. § 4115.02)
(A) Investigation of fires generally.
(1) The Legislative Authority may invest any officer of the fire or police department with the power, and impose on him or her the duty, to be present at all fires, investigate the cause thereof, examine witnesses, compel the attendance of witnesses and the production of books and papers, and to do and perform all other acts necessary to the effective discharge of such duties.
(2) The officer may administer oaths, make arrests, and enter for the purpose of examination any building which, in his or her opinion, is in danger from fire. The officer shall report his or her proceedings to the Legislative Authority at such times as are required.
(R.C. § 737.27)
(B) Investigation of major fires.
(1) The Fire Chief, or the Fire Prevention Officer, shall investigate the cause, origin, and circumstances of each major fire, as determined by the rules of the State Fire Marshal, occurring in the municipality by which property has been destroyed or damaged, and shall make an investigation to determine whether the fire was the result of carelessness or design. The investigation shall be commenced within two days, not including Sunday, if the fire occurred on that day. The State Fire Marshal may superintend the investigation.
(2) An officer making an investigation of a fire occurring in the municipality shall notify the State Fire Marshal, and within one week of the occurrence of the fire shall furnish him or her a written statement of all facts relating to its cause and origin, and other information as is required by forms provided by the State Fire Marshal.
(3) In the performance of the duties imposed by this chapter, the Fire Chief or Fire Prevention Officer, at any time of day or night, may enter upon and examine any building or premises where a fire has occurred, and other buildings and premises adjoining or near thereto.
(R.C. § 3737.24)
The Fire Chief, other members of the department as may be designated by the Chief, and the Fire Prevention Officer may at all reasonable hours enter into all buildings and upon all premises and vehicles within their jurisdiction for the purpose of examination.
(R.C. § 3737.14(A))
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