Effective: September 17, 2014
Latest Legislation: Senate Bill 3 - 130th General Assembly
(A)(1) The fire marshal shall have responsibility for implementation of the underground storage tank program and corrective action program for releases of petroleum from underground storage tanks established by the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended. To implement the programs, the fire marshal may adopt, amend, and rescind such rules, conduct such inspections, require annual registration of underground storage tanks, issue such citations and orders to enforce those rules, enter into environmental covenants in accordance with sections 5301.80 to 5301.92 of the Revised Code, and perform such other duties, as are consistent with those programs. The fire marshal, by rule, may delegate the authority to conduct inspections of underground storage tanks to certified fire safety inspectors.
(2) In the place of any rules regarding release containment and release detection for underground storage tanks adopted under division (A)(1) of this section, the fire marshal, by rule, shall designate areas as being sensitive for the protection of human health and the environment and adopt alternative rules regarding release containment and release detection methods for new and upgraded underground storage tank systems located in those areas. In designating such areas, the fire marshal shall take into consideration such factors as soil conditions, hydrogeology, water use, and the location of public and private water supplies. Not later than July 11, 1990, the fire marshal shall file the rules required under this division with the secretary of state, director of the legislative service commission, and joint committee on agency rule review in accordance with divisions (B) and (C) of section 119.03 of the Revised Code.
(3) Notwithstanding sections 3737.87 to 3737.89 of the Revised Code, a person who is not a responsible person, as determined by the fire marshal pursuant to this chapter, may conduct a voluntary action in accordance with Chapter 3746. of the Revised Code and rules adopted under it for either of the following:
(a) A class C release;
(b) A release, other than a class C release, that is subject to the rules adopted by the fire marshal under division (B) of section 3737.882 of the Revised Code pertaining to a corrective action, provided that both of the following apply:
(i) The voluntary action also addresses hazardous substances or petroleum that is not subject to the rules adopted under division (B) of section 3737.882 of the Revised Code pertaining to a corrective action.
(ii) The fire marshal has not issued an administrative order concerning the release or referred the release to the attorney general for enforcement.
The director of environmental protection, pursuant to section 3746.12 of the Revised Code, may issue a covenant not to sue to any person who properly completes a voluntary action with respect to any such release in accordance with Chapter 3746. of the Revised Code and rules adopted under it.
(B) Before adopting any rule under this section or section 3737.881 or 3737.882 of the Revised Code, the fire marshal shall file written notice of the proposed rule with the chairperson of the state fire council, and, within sixty days after notice is filed, the council may file responses to or comments on and may recommend alternative or supplementary rules to the fire marshal. At the end of the sixty-day period or upon the filing of responses, comments, or recommendations by the council, the fire marshal may adopt the rule filed with the council or any alternative or supplementary rule recommended by the council.
(C) The state fire council may recommend courses of action to be taken by the fire marshal in carrying out the fire marshal's duties under this section. The council shall file its recommendations in the office of the fire marshal, and, within sixty days after the recommendations are filed, the fire marshal shall file with the chairperson of the council comments on, and proposed action in response to, the recommendations.
(D) For the purpose of sections 3737.87 to 3737.89 of the Revised Code, the fire marshal shall adopt, and may amend and rescind, rules identifying or listing hazardous substances. The rules shall be consistent with and equivalent in scope, coverage, and content to regulations identifying or listing hazardous substances adopted under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as amended, except that the fire marshal shall not identify or list as a hazardous substance any hazardous waste identified or listed in rules adopted under division (A) of section 3734.12 of the Revised Code.
(E) Except as provided in division (A)(3) of this section, the fire marshal shall have exclusive jurisdiction to regulate the storage, treatment, and disposal of petroleum contaminated soil generated from corrective actions undertaken in response to releases of petroleum from underground storage tank systems. The fire marshal may adopt, amend, or rescind such rules as the fire marshal considers to be necessary or appropriate to regulate the storage, treatment, or disposal of petroleum contaminated soil so generated.
(F) The fire marshal shall adopt, amend, and rescind rules under sections 3737.88 to 3737.883 of the Revised Code in accordance with Chapter 119. of the Revised Code.
Structure 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 3737.17 | 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 3737.81 | 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 3737.941 | 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.