Effective: March 14, 2003
Latest Legislation: House Bill 675 - 124th General Assembly
(A) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to property on loan to the museum without notice to the owner or the owner's permission, if such measures are necessary to protect the property on loan or other property in the custody of the museum or if the property on loan is a hazard to the health and safety of the museum staff or the public, and if either of the following applies:
(1) The museum attempts but is unable to notify the owner at the owner's last known address not later than three days before the date the museum intends to apply the conservation measures.
(2) The museum notifies the owner not later than three days before the date the museum intends to apply the conservation measures, the owner does not agree to those measures, and the owner does not terminate the loan and retrieve the property within three days after receipt of the notice.
(B) If a museum applies conservation measures in accordance with division (A) of this section or with the agreement of the owner, both of the following apply:
(1) The museum shall acquire a lien on the property in the amount of the expenses incurred by the museum, unless the agreement provides otherwise.
(2) The museum is not liable for injury to or loss of the property, if the museum did both of the following:
(a) Reasonably believed at the time the conservation measures were taken that the measures were necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the museum staff or the public;
(b) Exercised reasonable care in the choice and application of the conservation measures.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3385 | Property on Loan to Museum
Section 3385.01 | Property on Loan to Museum Definitions.
Section 3385.02 | Vesting of Title of Property on Loan.
Section 3385.03 | Notice of Abandonment of Property or Termination of Loan.
Section 3385.04 | Conservation Measures.
Section 3385.05 | Museum to Provide Owner of Property Written Summary of Provisions.
Section 3385.06 | Owner to Give Notice of Change of Address or Change in Ownership of Property.
Section 3385.07 | Presumption of Gift to Museum.
Section 3385.08 | Provisions May Be Varied by Written Agreement of Parties.