3750-75-08 Application for issuance of lock box order by a local emergency planning committee.

(A) If, in the opinion of the local emergency planning committee, the application for an order requesting the issuance of a lock box order by the fire department of the political subdivision having jurisdiction meets the criteria for issuance of an order established in rule 3750-75-10 of the Administrative Code. The local emergency planning committee shall, within ninety days of the date on which the complete application for an order was received from a fire department, meet to consider a resolution approving or denying the request for the issuance of a lock box order.

(B) At least fourteen calendar days prior to a meeting of the committee where the committee is to vote on an application from a fire department for the issuance of a lock box order, a copy of the proposed agenda shall be provided by the committee to the fire department and the facility that would be subject to the order should it be granted. This proposed agenda shall provide the location, date, and time of the Meeting.

(C) Any application for the issuance of a lock box order that fails to provide sufficient information for the committee to make the findings required by rule 3750-75-10 of the Administrative Code shall be considered incomplete. A fire department that submits an incomplete application shall be notified in writing of the nature of the deficiencies. No action shall be taken on an incomplete application, until the deficiencies have been addressed.

(D) Any local emergency planning committee approving to forward a fire department request for an order to install a lock box unit to the commission for the issuance of an order requiring the installation of an emergency response lock box unit under division (D) of section 3750.11 of the Revised Code shall submit to the commission the following:

(1) A certified copy of the resolution, which shows that the application for the issuance of a lock box order was approved by at least sixty per cent of the committee's members.

(2) A signed statement from the local emergency planning committee stating the basis for forwarding the request for the issuance of a lock box order.

(3) Copies of documents, sworn statements, or other materials submitted by the fire department which support and address each criterion set forth in paragraphs (A) and (B) of rule 3750-75-10 of the Administrative Code; and

(E) Fourteen days prior to the date that the local emergency planning committee forwards the application for the issuance of an order to the commission, the local emergency planning committee shall mail by certified mail, return receipt requested, notice of approval of the application and a summary of the lock box requirement to the owner or operator of each facility and the fire department(s) having jurisdiction within the emergency planning district that the local emergency planning committee determines would be subject to the lock box requirement.

R.C. 119.032 review dates: 01/12/2009 and 01/12/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004