Ohio Revised Code
Chapter 737 | Public Safety
Section 737.221 | Criminal Records Check.

Effective: April 9, 2003
Latest Legislation: Senate Bill 258 - 124th General Assembly
(A) The fire chief of a village fire department may request the superintendent of BCII to conduct a criminal records check with respect to any person who is under consideration for appointment or employment as a permanent, full-time paid firefighter or any person who is under consideration for appointment as a volunteer firefighter.
(B)(1) The fire chief of the village fire department may request that the superintendent of BCII obtain information from the federal bureau of investigation as a part of the criminal records check requested pursuant to division (A) of this section.
(2) A fire chief authorized by division (A) of this section to request a criminal records check shall provide to each person for whom the fire chief intends to request a criminal records check a copy of the form prescribed pursuant to division (C)(1) of section 109.578 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.578 of the Revised Code, obtain the completed form and impression sheet from the person, and forward the completed form and impression sheet to the superintendent of BCII at the time the criminal records check is requested.
(3) Any person subject to a criminal records check who receives a copy of the form and a copy of the impression sheet pursuant to division (B)(2) of this section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet with the impressions of the person's fingerprints. If a person fails to provide the information necessary to complete the form or fails to provide impressions of the person's fingerprints, the appointing authority shall not appoint or employ the person as a permanent full-time paid firefighter or a volunteer firefighter.
(C)(1) Except as otherwise provided in division (C)(2) of this section, an appointing authority shall not appoint or employ a person as a permanent, full-time paid firefighter or a volunteer firefighter if the fire chief has requested a criminal records check pursuant to division (A) of this section and the criminal records check indicates that the person previously has been convicted of or pleaded guilty to any of the following:
(a) A felony;
(b) A violation of section 2909.03 of the Revised Code;
(c) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses described in division (C)(1)(a) or (b) of this section.
(2) Notwithstanding division (C)(1) of this section, an appointing authority may appoint or employ a person as a permanent, full-time paid firefighter or a volunteer firefighter if all of the following apply:
(a) The fire chief has requested a criminal records check pursuant to division (A) of this section.
(b) The criminal records check indicates that the person previously has been convicted of or pleaded guilty to any of the offenses described in division (C)(1) of this section.
(c) The person meets rehabilitation standards established in rules adopted under division (E) of this section.
(3) If a fire chief requests a criminal records check pursuant to division (A) of this section, an appointing authority may appoint or employ a person as a permanent, full-time paid firefighter or volunteer firefighter conditionally until the criminal records check is completed and the fire chief receives the results. If the results of the criminal records check indicate that, pursuant to division (C)(1) of this section, the person subject to the criminal records check is disqualified from appointment or employment, the fire chief shall release the person from appointment or employment.
(D) The fire chief shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.578 of the Revised Code for each criminal records check conducted in accordance with that section. The fire chief may charge the applicant who is subject to the criminal records check a fee for the costs the fire chief incurs in obtaining the criminal records check. A fee charged under this division shall not exceed the amount of fees the fire chief pays for the criminal records check. If a fee is charged under this division, the fire chief shall notify the applicant at the time of the applicant's initial application for appointment or employment of the amount of the fee and that, unless the fee is paid, the applicant will not be considered for appointment or employment.
(E) The appointing authority shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall include rehabilitation standards a person who has been convicted of or pleaded guilty to an offense listed in division (C)(1) of this section must meet for the appointing authority to appoint or employ the person as a permanent, full-time paid firefighter or a volunteer firefighter.
(F) A fire chief who intends to request a criminal records check for an applicant shall inform each applicant, at the time of the person's initial application for appointment or employment, that the applicant is required to provide a set of impressions of the person's fingerprints and that the fire chief requires a criminal records check to be conducted and satisfactorily completed in accordance with section 109.578 of the Revised Code.
(G) As used in this section:
(1) "Appointing authority" means any person or body that has the authority to hire, appoint, or employ permanent, full-time paid firefighters and volunteer firefighters under section 737.22 of the Revised Code.
(2) "Criminal records check" has the same meaning as in section 109.578 of the Revised Code.
(3) "Superintendent of BCII" has the same meaning as in section 2151.86 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 7 | Municipal Corporations

Chapter 737 | Public Safety

Section 737.01 | Director of Public Safety.

Section 737.02 | General Duties - Records - Contracts.

Section 737.021 | Division of Traffic Engineering and Safety in Department of Public Safety.

Section 737.022 | Authority of Director of Public Safety to Promulgate Certain Traffic Regulations.

Section 737.03 | Management of Certain Institutions - Contracts and Expenditures.

Section 737.04 | Mutual Aid Contracts for Police Protection.

Section 737.041 | Providing Police Service Without Contract.

Section 737.05 | Composition and Control of Police Department.

Section 737.051 | City Auxiliary Police Unit - City Parking Enforcement Unit.

Section 737.052 | Felony Conviction Precludes or Terminates Employment.

Section 737.06 | Chief of Police.

Section 737.07 | Hours of Work for Policemen in Cities - Leave of Absence.

Section 737.08 | Composition and Control of City Fire Department.

Section 737.081 | Criminal Records Check.

Section 737.082 | Employee Status of Volunteer Firefighter.

Section 737.09 | Chief of Fire Department.

Section 737.10 | Additional Patrolmen and Firemen in Emergency Situation.

Section 737.11 | General Duties of Police and Fire Departments.

Section 737.111 | Fines, Rewards and Fees of Police Department Credited to General Fund.

Section 737.112 | Fines, Proceeds and Fees of Fire Department Credited to General Fund.

Section 737.12 | Suspension of Police and Fire Personnel.

Section 737.13 | Classification of Service - Rules and Regulations.

Section 737.14 | Relief for Members of Police or Fire Department.

Section 737.15 | Appointment of Village Marshal.

Section 737.16 | Appointment of Deputy Marshals, Police Officers, Night Guards and Special Police Officers.

Section 737.161 | Village Auxiliary Police Unit - Parking Enforcement Unit.

Section 737.162 | Felony Conviction Precludes or Terminates Employment.

Section 737.17 | Probationary Period - Final Appointment.

Section 737.171 | Procedure for Removal of Village Marshal.

Section 737.18 | General Powers of Village Police Officers.

Section 737.19 | Powers and Duties of Village Marshal.

Section 737.20 | Disposition of Fines and Penalties.

Section 737.21 | Municipal Fire Regulations, Department, Companies, and Rescue Units.

Section 737.22 | Appointment of Fire Chief or Fire Prevention Officer and Firefighters.

Section 737.221 | Criminal Records Check.

Section 737.222 | Employee Status of Volunteer Firefighter.

Section 737.23 | Schooling of Officers and Firemen of Fire Department.

Section 737.24 | Legislative Authority May Purchase Engines and Equipment.

Section 737.25 | Buildings for Department.

Section 737.27 | Investigation of Fires.

Section 737.28 | Erection of Houses and Business Structures - Removal.

Section 737.29 | Property Recovered by Police.

Section 737.31 | Disposition to Claimant.

Section 737.32 | Sale or Donation of Unclaimed Property.

Section 737.33 | Expenses of Storage and Sale - Notice.

Section 737.37 | Power of Legislative Authority to Regulate.

Section 737.40 | Voluntary Motor Vehicle Decal Registration Program.

Section 737.41 | Municipal Probation Services Fund.