OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 313 Bill Analysis
135th General Assembly
Click here for H.B. 313’s Fiscal Note
Version: As Reported by House Government Oversight
Primary Sponsors: Reps. Callender and Mathews
Effective date:
Shalanda R. Plowden, Research Analyst
SUMMARY
 Permits fire investigators to attend approved peace officer training schools to receive
firearms training that would qualify them to carry firearms while on duty.
 Requires the Attorney General to adopt specified rules governing the training of fire
investigators to qualify them to carry firearms while on duty.
 Certifies fire investigators who successfully complete an approved training program that
qualifies them to carry firearms while on duty.
 Permits fire investigators to carry firearms while on duty if the investigator is authorized
by certain specified entities.
 Requires that a fire investigator seeking to carry firearms while on duty has done or
received the following:
 Has been awarded a certificate by the executive director of the Ohio Peace Officer
Training Commission that certifies satisfactory completion of basic training
qualifying the investigator to carry firearms while on duty.
 Prior to or during employment as a fire investigator, has successfully completed a
firearms training program that was approved by the Ohio Peace Officer Training
Commission.
 Protects a fire investigator who is authorized to carry one or more firearms from
potential civil or criminal liability for any conduct that occurs while carrying the firearm
or firearms to the same extent as law enforcement.
 Permits fire investigators to attend selected training courses at the Ohio Peace Officer
Training Academy that qualify investigators to carry firearms while on duty.
 Adds fire investigators to group of persons required to complete a firearms
requalification program.
February 9, 2024
Office of Research and Drafting LSC Legislative Budget Office
 Provides that a fire investigator who is qualified to carry firearms while on duty has the
same right to carry a concealed handgun in Ohio as a person who was issued a
concealed handgun license.
 Defines “fire investigator” and “fire department.”
DETAILED ANALYSIS
Fire investigator firearms training
The bill requires the Ohio Peace Officer Training Academy (OPOTA) to recommend rules
to the Attorney General with respect to permitting fire investigators to attend approved peace
officer training schools , including OPOTA, to receive training to qualify them to carry firearms
while on duty, and to receive certificates of satisfactory completion of training programs as well
as rules relating to the requirements for training programs that fire investigators must
complete to qualify them to carry firearms while on duty.1
Rules governing fire investigator firearms training
The bill requires the Attorney General to adopt rules governing the training of fire
investigators to qualify them to carry firearms while on duty. The rules must specify the amount
of training necessary for the satisfactory completion of training programs at approved peace
officer training schools other than OPOTA.2 The rules must include both of the following:
 That all fire investigators must receive firearms training through a program approved by
the Ohio Peace Officer Training Commission as well as training in additional subjects
that the Ohio Peace Officer Training Commission believes is necessary.3
 If a fire investigator is seeking certification to carry a rifle or carbine while on duty, the
investigator must receive proper training specific to the use of rifles and carbines
approved by the Ohio Peace Officer Training Commission.4
The Attorney General must also adopt rules that authorize and govern the attendance
of fire investigators at approved peace officer training schools, including OPOTA, where they
receive training to qualify them to carry firearms while on duty, as well as the certification of
the investigators upon their satisfactory completion of training programs providing that
training.5 The bill also gives the executive director of the Ohio Peace Office Training Commission
the power to certify fire investigators who satisfactorily complete approved training programs
1 R.C. 109.73(A)(18) and (19).
2 R.C. 109.7481(A).
3 R.C. 109.7481(A)(1).
4 R.C. 109.7481(A)(2).
5 R.C. 109.7481(B).
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that qualify them to carry firearms while on duty and issue appropriate certificates to those
investigators.6
Fire investigators requirements for carrying firearms
Under the bill, a fire investigator may only carry firearms while on duty if certain
requirements are met. In order to carry firearms on duty, a fire investigator must be authorized
by the State Fire Marshal if the fire investigator is employed by the state. If the fire investigator
is employed by a municipal fire department, then the fire investigator must be authorized by
the legislative authority of the municipal corporation served by the fire department. If the fire
investigator is employed by a township, the investigator must be authorized by that township’s
fire department chief, or the chief of the fire department of the joint fire district. If the fire
investigator is employed by a township or village where no fire department is established, then
the fire prevention officer of that township or village where the fire investigator is serving must
specifically authorize the investigator to carry firearms while on duty.7
The bill also requires that, in order to carry a firearm while on duty, a fire investigator be
awarded a certificate by the executive director of the Ohio Peace Officer Training Commission.
The certificate represents satisfactory completion of an approved state, county, or municipal
basic training program or an OPOTA program that qualifies the investigator to carry firearms
while on duty. The certificate must also conform to the rules adopted by the Attorney General,
as described under “Rules governing fire investigator firearms training,” above.8
Before or during employment as a fire investigator and before the bill’s effective date, a fire
investigator who successfully completed a firearms training program approved by the Ohio
Peace Officer Training Commission will be qualified to carry firearms while on duty and
therefore may carry firearms while on duty.9
The bill also provides that a fire investigator who carries one or more firearms on duty
after being authorized, has protection from civil or criminal liability. The protection applies to
any conduct occurring while carrying a firearm or firearms to the same extent as a law
enforcement officer of a law enforcement agency has such protection.10
Fire investigators firearms training courses
The bill requires OPOTA to permit fire investigators, along with tactical medical
professionals under existing law, to attend training courses at OPOTA that are designed to
qualify fire investigators to carry firearms while on duty. The courses are comparable to training
6 R.C. 109.75(O).
7 R.C. 109.774(A)(1).
8 R.C. 109.774(A)(2)(a).
9 R.C. 109.774(A)(2)(b).
10 R.C. 109.774(B).
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received from training programs at approved peace officer training schools. 11 After the
satisfactory completion of the selected courses, the executive director of the Ohio Peace Officer
Training Commission may certify fire investigators to carry firearms while on duty.12 The bill
provides that the political subdivision served by a fire investigator who attends OPOTA may pay
the tuition costs of the fire investigator.13
Fire investigators requalification and license to carry firearms
Under the bill, fire investigators are added to the list of persons required to complete a
firearms requalification program.14 The bill requires that a fire investigator who is authorized to
carry firearms in the course of the fire investigator’s official duties successfully complete a
firearms requalification program approved by the executive director of the Ohio Peace Officer
Training Commission.15 The bill also provides that a fire investigator who is qualified to carry
firearms while on duty has the same right to carry a concealed handgun in Ohio as person who
was issued a concealed handgun license.16
Definitions
The bill defines the following terms for purposes of its provisions described above:17
“Fire investigator” means an employee of a fire department charged with investigating
fires and explosions who has been authorized to perform the duties of investigating the origin
and cause of fires and explosions using the scientific method to investigate elements of the
event including the circumstances, actions, persons, means, and motives that resulted in the
fire or explosion or the report of a fire or explosion within Ohio.
“Fire investigator” does not include a person who is acting as a fire investigator on
behalf of an insurance company or any other privately owned or operated enterprise.
“Fire department” means a fire department of the state or an instrumentality of the
state or of a municipal corporation, township, joint fire district, or other political subdivision.
11 R.C. 109.79(A).
12 R.C. 109. 79(A).
13 R.C. 109.79(A).
14 R.C. 109.801(A)(1).
15 R.C. 109.801(A)(1).
16 R.C. 2923.126(E)(4).
17 R.C. 109.71(J) and (K).
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As Reported by House Government Oversight
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 10-30-23
Reported, H. Government Oversight 02-07-24
ANHB0313RH-135
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