Ohio § 1503.41

§ 1503.41.

(A) The “middle Atlantic interstate forest fire protection compact” is hereby ratified,

enacted into law, and entered into by the state of Ohio as a party thereto with any

other state that under Article II of the compact has legally joined in the compact

as follows: MIDDLE ATLANTIC INTERSTATE FOREST FIRE PROTECTION COMPACT ARTICLE I The purpose of this compact is to promote effective prevention and control of forest

fires in the middle Atlantic region of the United States by the development of integrated

forest fire plans, by the maintenance of adequate forest fire fighting services by

the member states, and by providing for mutual aid in fighting forest fires among

the compacting states of the region and with states which are party to other regional

forest fire protection compacts or agreements. ARTICLE II This compact shall become operative immediately as to those states ratifying it whenever

any two or more of the states of Delaware, Maryland, New Jersey, Pennsylvania, Virginia,

and West Virginia which are contiguous have ratified it and congress has given consent

thereto. ARTICLE III In each state, the state forester or officer holding the equivalent position who is

responsible for forest fire control shall act as compact administrator for that state

and shall consult with like officials of the other member states and shall implement

cooperation between such states in forest fire prevention and control. The compact administrators of the member states shall organize to coordinate the services

of the member states and provide administrative integration in carrying out the purposes

of this compact. The compact administrators shall formulate and, in accordance with need, from time

to time, revise a regional forest fire plan for the member states. It shall be the duty of each member state to formulate and put in effect a forest

fire plan for that state and take such measures as may be necessary to integrate such

forest fire plan with the regional forest fire plan formulated by the compact administrators. ARTICLE IV Whenever the state forest fire control agency of a member state requests aid from

the state forest fire control agency of any other member state in combating, controlling,

or preventing forest fires, it shall be the duty of the state forest fire control

agency of that state to render all possible aid to the requesting agency which is

consonant with the maintenance of protection at home. ARTICLE V Whenever the forces of any member state are rendering outside aid pursuant to the

request of another member state under this compact, the employees of such state shall,

under the direction of the officers of the state to which they are rendering aid,

have the same powers (except the power of arrest), duties, rights, privileges, and

immunities as comparable employees of the state to which they are rendering aid. No member state or its officers or employees rendering outside aid pursuant to this

compact shall be liable on account of any act or omission on the part of such forces

while so engaged, or on account of the maintenance or use of any equipment or supplies

in connection therewith. All liability, except as otherwise provided hereinafter, that may arise either under

the laws of the requesting state or under the laws of the aiding state or under the

laws of a third state on account of or in connection with a request for aid, shall

be assumed and borne by the requesting state. Any member state rendering outside aid pursuant to this compact shall be reimbursed

by the member state receiving such aid for any loss or damage to, or expense incurred

in the operation of any equipment answering a request for aid, and for the cost of

all materials, transportation, wages, salaries, and maintenance of employees and equipment

incurred in connection with such request;  provided that nothing herein contained

shall prevent any assisting member state from assuming such loss, damage, expense,

or other cost or from loaning such equipment or from donating such services to the

receiving member state without charge or cost. Each member state shall provide for the payment of compensation and death benefits

to injured employees and the representatives of deceased employees in case employees

sustain injuries or are killed while rendering outside aid pursuant to this compact,

in the same manner and on the same terms as if the injury or death were sustained

within such state. For the purposes of this compact the term employee shall include any volunteer or

auxiliary legally included within the forest fire fighting forces of the aiding state

under the laws thereof. The compact administrators shall formulate procedures for claims and reimbursement

under the provisions of this article, in accordance with the laws of the member states. ARTICLE VI Nothing in this compact shall be construed to authorize or permit any member state

to curtail or diminish its forest fire fighting forces, equipment, services, or facilities,

and it shall be the duty and responsibility of each member state to maintain adequate

forest fire fighting forces and equipment to meet demands for forest fire protection

within its borders in the same manner and to the same extent as if this compact were

not operative. Nothing in this compact shall be construed to limit or restrict the powers of any

state ratifying the same to provide for the prevention, control, and extinguishment

of forest fires, or to prohibit the enactment or enforcement of state laws, rules,

or regulations intended to aid in such prevention, control, and extinguishment in

such state. Nothing in this compact shall be construed to affect any existing or future cooperative

relationship or arrangement between the United States forest service and a member

state or states. ARTICLE VII The compact administrators may request the United States forest service to act as

the primary research and coordinating agency of the middle Atlantic interstate forest

fire protection compact in cooperation with the appropriate agencies in each state,

and the United States forest service may accept the initial responsibility in preparing

and presenting to the compact administrators its recommendations with respect to the

regional forest fire plan.  Representatives of the United States forest service may attend meetings of the compact

administrators. ARTICLE VIII The provisions of Articles IV and V of this compact which relate to mutual aid in

combating, controlling, or preventing forest fires shall be operative as between any

state party to this compact and any other state which is party to a regional forest

fire protection compact in another region;  provided that the legislature of such

other state shall have given its assent to such mutual aid provisions of this compact. ARTICLE IX This compact shall continue in force and remain binding on each state ratifying it

until the legislature or the governor of such state takes action to withdraw therefrom.  Such action shall not be effective until six months after notice thereof has been

sent by the chief executive of the state desiring to withdraw to the chief executives

of all states then parties to the compact.