Ohio § 5502.41

§ 5502.41.

(A) As used in this section: (1) “ Chief executive of a participating political subdivision ” means the elected chief executive of a participating political subdivision or, if

the political subdivision does not have an elected chief executive, a member of the

political subdivision's governing body or an employee of the political subdivision

appointed by the governing body's members to be its representative for purposes of

the intrastate mutual aid program created pursuant to this section. (2) “ Countywide emergency management agency ” means a countywide emergency management agency established under section 5502.26 of the Revised Code . (3) “ Emergency ” means any period during which the congress of the United States, a chief executive

as defined in section 5502.21 of the Revised Code , or a chief executive of a participating political subdivision has declared or proclaimed

that an emergency exists. (4) “ Participating political subdivision ” means each political subdivision in this state except a political subdivision that

enacts or adopts, by appropriate legislation, ordinance, resolution, rule, bylaw,

or regulation signed by its chief executive, a decision not to participate in the

intrastate mutual aid program created by this section and that provides a copy of

the legislation, ordinance, resolution, rule, bylaw, or regulation to the state emergency

management agency and to the countywide emergency management agency, regional authority

for emergency management, or program for emergency management within the political

subdivision. (5) “ Planned event ” means a scheduled nonemergency activity as defined by the national incident management

system adopted under section 5502.28 of the Revised Code as the state's standard procedure for incident management.  “ Planned event ” includes, but is not limited to, a sporting event, concert, or parade. (6) “Political subdivision” or “subdivision” has the same meaning as in section 2744.01 of the Revised Code and also includes a health district established under Chapter 3709. of the Revised

Code. (7) “ Program for emergency management within a political subdivision ” means a program for emergency management created by a political subdivision under section 5502.271 of the Revised Code . (8) “ Regional authority for emergency management ” means a regional authority for emergency management established under section 5502.27 of the Revised Code . (9) “ Regional response team ” means a group of persons from participating political subdivisions who provide mutual

assistance or aid in preparation for, response to, or recovery from an incident, disaster,

exercise, training activity, planned event, or emergency, any of which requires additional

resources.  “ Regional response team ” includes, but is not limited to, an incident management team, hazardous materials

response team, water rescue team, bomb team, or search and rescue team. (B) There is hereby created the intrastate mutual aid program to be known as “the intrastate

mutual aid compact” to complement existing mutual aid agreements.  The program shall have two purposes: (1) Provide for mutual assistance or aid among the participating political subdivisions

for purposes of preparing for, responding to, and recovering from an incident, disaster,

exercise, training activity, planned event, or emergency, any of which requires additional

resources; (2) Establish a method by which a participating political subdivision may seek assistance

or aid that resolves many of the common issues facing political subdivisions before,

during, and after an incident, disaster, exercise, training activity, planned event,

or emergency, any of which requires additional resources, and that ensures, to the

extent possible, eligibility for available state and federal disaster assistance or

other funding. (C) Each countywide emergency management agency, regional authority for emergency management,

and program for emergency management within a political subdivision, in coordination

with all departments, divisions, boards, commissions, agencies, and other instrumentalities

within that political subdivision, shall establish procedures or plans that, to the

extent possible, accomplish both of the following: (1) Identify hazards that potentially could affect the participating political subdivisions

served by that agency, authority, or program; (2) Identify and inventory the current services, equipment, supplies, personnel, and

other resources related to the preparedness, response, and recovery activities of

the participating political subdivisions served by that agency, authority, or program. (D)(1) The executive director of the state emergency management agency shall coordinate

with the countywide emergency management agencies, regional authorities for emergency

management, and programs for emergency management within a political subdivision in

identifying and formulating appropriate procedures or plans to resolve resource shortfalls. (2) During and after the formulation of the procedures or plans to resolve resource shortfalls,

there shall be ongoing consultation and coordination among the executive director

of the state emergency management agency;  the countywide emergency management agencies,

regional authorities for emergency management, and programs for emergency management

within a political subdivision;  and all departments, divisions, boards, commissions,

agencies, and other instrumentalities of, and having emergency response functions

within, each participating political subdivision, regarding this section, local procedures

and plans, and the resolution of the resource shortfalls. (E)(1) A participating political subdivision that is impacted by an incident, disaster,

exercise, training activity, planned event, or emergency, any of which requires additional

resources, may request mutual assistance or aid by doing either of the following: (a) Declaring a state of emergency and issuing a request for assistance or aid from any

other participating political subdivision; (b) Issuing to another participating political subdivision a verbal or written request

for assistance or aid.  If the request is made verbally, a written confirmation of the request shall be

made not later than seventy-two hours after the verbal request is made. (2) Requests for assistance or aid made under division (E)(1) of this section shall be

made through the emergency management agency of a participating political subdivision

or an official designated by the chief executive of the participating political subdivision

from which the assistance or aid is requested and shall provide the following information: (a) A description of the incident, disaster, exercise, training activity, planned event,

or emergency; (b) A description of the assistance or aid needed; (c) An estimate of the length of time the assistance or aid will be needed; (d) The specific place and time for staging of the assistance or aid and a point of contact

at that location. (F) A participating political subdivision shall provide assistance or aid to another

participating political subdivision that is impacted by an incident, disaster, exercise,

training activity, planned event, or emergency, any of which requires additional resources.  The provision of the assistance or aid is subject to the following conditions: (1) The responding political subdivision may withhold resources necessary to provide

for its own protection. (2) Personnel of the responding political subdivision shall continue under their local

command and control structure, but shall be under the operational control of the appropriate

officials within the incident management system of the participating political subdivision

receiving assistance or aid. (3) Responding law enforcement officers acting pursuant to this section have the same

authority to enforce the law as when acting within the territory of their regular

employment. (G)(1) Nothing in this section shall do any of the following: (a) Alter the duties and responsibilities of emergency response personnel; (b) Prohibit a private company from participating in the provision of mutual assistance

or aid pursuant to the compact created pursuant to this section if the participating

political subdivision approves the participation and the contract with the private

company allows for the participation; (c) Prohibit employees of participating political subdivisions from responding to a request

for mutual assistance or aid precipitated by an incident, disaster, exercise, training

activity, planned event, or emergency, any of which requires additional resources,

when the employees are responding as part of a regional response team that is under

the operational control of the incident command structure; (d) Authorize employees of participating political subdivisions to respond to an incident,

disaster, exercise, training activity, planned event, or emergency, any of which requires

additional resources, without a request from a participating political subdivision. (2) This section does not preclude a participating political subdivision from entering

into a mutual aid or other agreement with another political subdivision, and does

not affect any other agreement to which a participating political subdivision may

be a party, or any request for assistance or aid that may be made, under any other

section of the Revised Code, including, but not limited to, any mutual aid arrangement

under this chapter, any fire protection or emergency medical services contract under section 9.60 of the Revised Code , sheriffs' requests for assistance to preserve the public peace and protect persons

and property under section 311.07 of the Revised Code , any agreement for mutual assistance or aid in police protection under section 737.04 of the Revised Code , any agreement for law enforcement services between universities and colleges and

political subdivisions under section 3345.041 or 3345.21 of the Revised Code , and mutual aid agreements among emergency planning districts for hazardous substances

or chemicals response under sections 3750.02 and 3750.03 of the Revised Code . (H)(1) Personnel of a responding participating political subdivision who suffer injury or

death in the course of, and arising out of, their employment while rendering assistance

or aid under this section to another participating political subdivision are entitled

to all applicable benefits under Chapters 4121. and 4123. of the Revised Code. (2) Personnel of a responding participating political subdivision shall be considered,

while rendering assistance or aid under this section in another participating political

subdivision, to be agents of the responding political subdivision for purposes of

tort liability and immunity from tort liability under the law of this state. (3)(a) A responding participating political subdivision and the personnel of that political

subdivision, while rendering assistance or aid under this section, or while in route

to or from rendering assistance or aid under this section, in another participating

political subdivision, shall be deemed to be exercising governmental functions as

defined in section 2744.01 of the Revised Code , shall have the defenses to and immunities from civil liability provided in sections 2744.02 and 2744.03 of the Revised Code , and shall be entitled to all applicable limitations on recoverable damages under section 2744.05 of the Revised Code . (b) A participating political subdivision requesting assistance or aid and the personnel

of that political subdivision, while requesting or receiving assistance or aid under

this section from any other participating political subdivision, shall be deemed to

be exercising governmental functions as defined in section 2744.01 of the Revised Code , shall have the defenses to and immunities from civil liability provided in sections 2744.02 and 2744.03 of the Revised Code , and shall be entitled to all applicable limitations on recoverable damages under section 2744.05 of the Revised Code . (I) If a person holds a license, certificate, or other permit issued by a participating

political subdivision evidencing qualification in a professional, mechanical, or other

skill, and if the assistance or aid of that person is asked for under this section

by a participating political subdivision, the person shall be deemed to be licensed

or certified in or permitted by the participating political subdivision receiving

the assistance or aid to render the assistance or aid, subject to any limitations

and conditions the chief executive of the participating political subdivision receiving

the assistance or aid may prescribe by executive order or otherwise. (J)(1) Subject to division (K) of this section and except as provided in division (J)(2)

of this section, any participating political subdivision rendering assistance or aid

under this section in another participating political subdivision shall be reimbursed

by the participating political subdivision receiving the assistance or aid for any

loss or damage to, or expense incurred in the operation of, any equipment used in

rendering the assistance or aid, for any expense incurred in the provision of any

service used in rendering the assistance or aid, and for all other costs incurred

in responding to the request for assistance or aid.  To avoid duplication of payments, insurance proceeds available to cover any loss

or damage to equipment of a participating political subdivision rendering assistance

or aid shall be considered in the reimbursement by the participating political subdivision

receiving the assistance or aid. (2) A participating political subdivision rendering assistance or aid under this section

to another participating political subdivision shall not be reimbursed for either

of the following: (a) The first eight hours of mutual assistance or aid it provides to the political subdivision

receiving the assistance or aid; (b) Expenses the participating political subdivision incurs under division (H)(1) of

this section. (K) A participating political subdivision rendering assistance or aid under this section

may do any of the following: (1) Assume, in whole or in part, any loss, damage, expense, or cost the political subdivision

incurs in rendering the assistance or aid; (2) Loan, without charge, any equipment, or donate any service, to the political subdivision

receiving the assistance or aid; (3) Enter into agreements with one or more other participating political subdivisions

to establish different allocations of losses, damages, expenses, or costs among such

political subdivisions.