Ohio § 2305.34

§ 2305.34.

(A) Neither a nonprofit corporation organized under Chapter 1702. of the Revised Code

that owns or operates a water supply or waterworks that regularly serves persons located

outside a municipal corporation nor a regional water and sewer district organized

under Chapter 6119. of the Revised Code is liable in damages in a civil action for

injury, death, or loss to person or property that allegedly arises from the failure

of a hydrant controlled by the corporation or district to provide a sufficient quantity

of water or sufficient water pressure to adequately suppress a fire of any size, regardless

of whether the hydrant was designed for use as a fire hydrant or whether a fire department

uses the hydrant with the permission of the corporation or district.  All low-pressure hydrants in a municipal corporation or regional water and sewer

district shall be designated as such by being painted a conspicuous color distinguishing

low-pressure hydrants from high-pressure hydrants in the municipal corporation or

regional water and sewer district. (B) This section does not create, and shall not be construed as creating, a new cause

of action against or substantive legal right against a nonprofit corporation described

in division (A) of this section or a regional water and sewer district. (C) This section does not affect, and shall not be construed as affecting, any immunities

from civil liability or defenses established by any other provisions of the Revised

Code, including, without limitation, Chapter 2744. of the Revised Code in the case

of a regional water and sewer district, or any immunities from civil liability or

defenses available at common law, to which a nonprofit corporation described in division

(A) of this section or a regional water and sewer district may be entitled under circumstances

not covered by this section.