Ohio Revised Code
Chapter 3737 | Fire Marshal; Fire Safety
Section 3737.84 | Provisions Not to Be Included in State Fire Code.

Effective: January 1, 2018
Latest Legislation: House Bill 26 - 132nd General Assembly
(A) The state fire code adopted pursuant to sections 3737.82 and 3737.83 of the Revised Code shall not contain any provision as follows:
(1) Relating to the organization or structure of a municipal or township fire department;
(2) Relating to structural building requirements covered by the Ohio building code;
(3) That would cause an employer, in complying with it, to be in violation of the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer Product Safety Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051;
(4) Regulating manufacturers or manufacturing facilities with respect to occupational hazards where they are subject to regulation by the federal occupational safety and health administration;
(5) That is inconsistent with, or in conflict with, regulations of the federal occupational safety and health administration or the hazardous materials regulations of the hazardous materials regulations board of the federal highway administration, United States department of transportation, or the public utilities commission;
(6) That establishes a minimum standard of flammability for consumer goods in any area where the "Flammable Fabrics Act," 81 Stat. 568 (1967), 15 U.S.C. 1191 authorizes the federal government or any department or agency of the federal government to establish national standards of flammability for consumer goods;
(7) That establishes a health or safety standard for the use of explosives in mining, for which the federal government through its authorized agency sets health or safety standards pursuant to section 6 of the "Federal Metal and Nonmetallic Mine Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section 101 of the "Federal Coal Mine Health and Safety Act of 1969," 83 Stat. 745, 30 U.S.C.A. 811;
(8) That is inconsistent with, or in conflict with, section 3737.73 or Chapter 3743. of the Revised Code, or the rules adopted pursuant to that chapter;
(9)(a) Restricting the dispensing of diesel fuel at a terminal or bulk plant into a motor vehicle that is transporting petroleum products or equipment essential to the operation of the terminal or bulk plant, provided that the motor vehicle is owned or leased by or operated under a contract with a person who has been issued a motor fuel dealer's license under section 5735.021 of the Revised Code;
(b) Authorizing the dispensing of any petroleum products at a terminal or bulk plant from an aboveground storage tank at the terminal or bulk plant to a motor vehicle other than a motor vehicle that is described in division (A)(9)(a) of this section or to a member of the general public.
As used in division (A)(9) of this section, "terminal or bulk plant" means that portion of a property where petroleum products are received by tank vessels, pipelines, tank cars, or tank vehicles and are stored or blended in bulk for the purpose of distributing the petroleum products via tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.
(10) That prohibits the use of a device described in section 3781.106 of the Revised Code and used in accordance with rules adopted pursuant to that section.
(B) No penalty shall be imposed by the fire marshal on any person for a violation of the state fire code if a penalty has been imposed or an order issued by the federal government for a violation of a similar provision contained in or adopted pursuant to the federal acts referred to in this section, where the facts that constitute the violation of the state fire code are the same as those that constitute the violation or alleged violation of the federal act.

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3737 | Fire Marshal; Fire Safety

Section 3737.01 | Fire Marshal - Fire Safety Definitions.

Section 3737.02 | Fees - Federal Funding.

Section 3737.03 | Duties of State Fire Council.

Section 3737.14 | Right of Entry.

Section 3737.16 | Release Of, or Request For, Information Relating to Fire Loss by Insurance Company.

Section 3737.17 | Small Government Fire Department Services Revolving Loan Program.

Section 3737.21 | Appointment, Qualifications of Fire Marshal - Vacancy.

Section 3737.22 | Fire Marshal - Powers and Duties.

Section 3737.221 | Negligent Operation of Motor Vehicles by Fire Marshal Employees.

Section 3737.23 | Record of All Fires.

Section 3737.24 | Investigation of Fire.

Section 3737.25 | Taking of Testimony on Oath.

Section 3737.26 | Arrest of Suspect.

Section 3737.27 | Power to Summon and Compel Attendance of Witnesses.

Section 3737.28 | Power to Administer Oaths - Refusal to Cooperate.

Section 3737.29 | Investigation May Be Private.

Section 3737.31 | Fire Marshal to Report to Superintendent of Insurance.

Section 3737.32 | Fire Marshal to Investigate Bombing.

Section 3737.33 | Ohio Fire Academy.

Section 3737.331 | Arson Seminar Programs.

Section 3737.34 | Fire Safety Inspector Certificate.

Section 3737.41 | Citation to Remedy Dangerous Condition.

Section 3737.42 | Issuing Citation or Notice of Violation.

Section 3737.43 | Notice of Penalty and Right to Appeal.

Section 3737.44 | Injunction - Temporary Restraining Order.

Section 3737.45 | Failure to Comply With Order.

Section 3737.46 | Actions Against Violators.

Section 3737.51 | Civil Penalty for Violations.

Section 3737.52 | Pfas Chemicals in Firefighting Foam.

Section 3737.61 | Posting Arson Laws.

Section 3737.62 | Negligent Spread of Fires.

Section 3737.63 | Discovery of Unfriendly Fire.

Section 3737.64 | Disclosing Purpose of Non-Official Inspection.

Section 3737.65 | Fire Protection Equipment - Prohibited Activities.

Section 3737.66 | Qualifications for Firefighter or Fire Official.

Section 3737.71 | Additional Tax on Fire Insurance Premiums.

Section 3737.72 | Fire Stations Required to Have Gas Masks.

Section 3737.73 | Prohibition Against Failure to Instruct Pupils in Fire Drills and Tornado Safety Precautions.

Section 3737.80 | Chief of Fire Department Responsible for Primary Coordination in Emergency Situation.

Section 3737.81 | State Fire Council.

Section 3737.82 | Adopting State Fire Code Rules.

Section 3737.83 | Provisions to Be Included in State Fire Code.

Section 3737.831 | Issuance of Permit for Temporary Structures.

Section 3737.832 | Fire and Safety Standards Relating to Shale Oil Processing Premises.

Section 3737.84 | Provisions Not to Be Included in State Fire Code.

Section 3737.841 | Fire Safety and Standards Definitions.

Section 3737.842 | Rules for Flammability Standards.

Section 3737.85 | Rules for Giving Notice or Serving Notice.

Section 3737.86 | Rule Adoption Procedure.

Section 3737.87 | Underground Storage Tank Definitions.

Section 3737.88 | Underground Storage Tank Program and Corrective Action Program for Releases.

Section 3737.881 | Certifying Underground Storage Tank Systems Installers.

Section 3737.882 | Confirming or Disproving Suspected Petroleum Release.

Section 3737.883 | Underground Storage Tank Revolving Loan Program.

Section 3737.884 | Effect of Child Support Default on Certificate.

Section 3737.89 | Liability for Costs of Corrective or Enforcement Action.

Section 3737.90 | Petroleum Underground Storage Tank Release Compensation Board.

Section 3737.91 | Petroleum Underground Storage Tank Financial Assurance Fund.

Section 3737.92 | Purpose of Fund.

Section 3737.93 | Transferor of Title to Petroleum to Give Notice of Registration Requirements.

Section 3737.94 | Public Policy Governing Petroleum Underground Storage Tank Release Compensation Board.

Section 3737.941 | Application of Other Bond Laws.

Section 3737.942 | Securing Revenue Bonds.

Section 3737.943 | Protection and Enforcement of Rights of Bondholder and Trustees.

Section 3737.944 | Bonds Not a Debt of State.

Section 3737.945 | Investments.

Section 3737.946 | Refunding Bonds.

Section 3737.947 | Bonds Are Lawful Investments.

Section 3737.948 | Purpose of Powers of Release Compensation Board.

Section 3737.95 | Purpose of Linked Deposit Program.

Section 3737.96 | Loan Applications.

Section 3737.97 | Accepting or Rejecting Loan Package.

Section 3737.98 | Lending Funds.

Section 3737.99 | Penalty.