§ 35.05 BUILDINGS FOR DEPARTMENT.

   The Legislative Authority may provide or erect necessary and suitable buildings containing rooms for fire engines and other equipment, and provide for the meetings of the fire and hose companies.

(R.C. § 737.25)

§ 35.06 RECORDS.

   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.

§ 35.07 MAXIMUM CONSECUTIVE HOURS FOR FIREFIGHTERS ON DUTY.

   (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)

§ 35.08 INVESTIGATION OF CAUSE OF FIRE.

   (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)

§ 35.09 RIGHT TO EXAMINE BUILDINGS, PREMISES, AND VEHICLES.

   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))

§ 35.10 BURNING BUILDINGS FOR FIREFIGHTING INSTRUCTION OR RESEARCH.

   No building that contains asbestos shall be burned for the purpose of instruction in the methods of firefighting or research in the control of fires.

(R.C. § 3737.14(B))

Statutory reference:

Notification requirements, see R.C. § 3737.14(C), (D)

§ 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))