As used in this rule:
(a) “Qualifying small government” has the same meaning as in division (A) of section 3737.17 of the Revised Code.
(b) “Fire district” means a fire district organized under section 505.37 of the Revised Code.
(c) “Joint fire district” means a joint fire district organized under section 505.371 of the Revised Code.
(d) “State fire marshal” means the state fire marshal appointed pursuant to section 3737.21 of the Revised Code.
(e) “Joint fire and ambulance district” means a joint fire and ambulance district organized under section 505.375 of the Revised Code.
(f) “Loan” means a loan granted under the small government fire department services revolving loan program established by section 3737.17 of the Revised Code.
(a) Only a qualifying small government that currently operates a fire department organized under section 505.37, 505.371, 737.21 or 505.375 of the Revised Code or a qualifying small government that is a township or municipality that has adopted a resolution or ordinance authorizing the creation of a fire department, fire district, joint fire district or joint fire and ambulance district under one of these sections is eligible to receive a loan.
(b) In order for a fire department operated by a small government to receive a loan under this rule, the fire department must be reporting fires to the state fire marshal as required by section 3737.24 of the Revised Code and this rule.
(a) Applications for a loan shall be made only on forms provided by the state fire marshal.
(b) Only applications that are post marked on or before the application deadline established by the state fire marshal and have been delivered to the state fire marshal’s office within seven days of that deadline will be considered by the state fire marshal.
In its applications the qualifying small government shall:
(a) Explain how it qualifies for the loan.
(b) Describe how the loan will be used including the total cost of the project and the amount of money the qualifying small government is proposing to contribute to the total cost of the project.
(c) Describe the benefits to its citizens the loan will provide that are not currently available to them.
(d) Describe why the small government is not able to provide this service through the use of its own funds.
(e) Provide information concerning the total income available from all sources to provide fire and/or fire and ambulance service.
(f) Provide information concerning the assets and liabilities of the qualifying small government that are intended in whole or in part to provide fire or fire and ambulance service.
(g) Provide such other information as may be called for in the application form provided by the state fire marshal.
(a) All building constructions, additions and alterations completed with funds provided by a loan shall meet all minimum requirements of division-level 4101:1, 4101:2 and 4101:3 of the Administrative Code.
(b) Any fire apparatus purchased with funds from a loan shall meet the requirements of Chapter 4121:1-21 of the Administrative Code.
(c) The fee title to any real property purchased or on which a structure is constructed in any part with a loan under this rule shall list the “State of Ohio, Department of Commerce, Division of State Fire Marshal” as the mortgage holder until such time as the loan obligation is satisfied.
(d) The title to any vehicle purchased in part with a loan under this rule shall list the “State of Ohio, Department of Commerce, Division of State Fire Marshal” as the lien holder until such time as the loan obligation is satisfied.
(e) Any fire apparatus or vehicle purchased in part under this rule shall have a repayment period not to exceed ten years.
At the discretion of the state fire marshal a qualifying small government may apply for and be granted a loan at any time regardless of established application periods and deadlines if all of the following apply:
(a) The qualifying small government had a local emergency or disaster or is included in an area where a disaster has been declared by the governor.
(b) The events of the local emergency or disaster have damaged or destroyed vehicles, buildings or equipment necessary to provide fire or fire and ambulance services.
(c) The qualifying small government has made application for any federal, state and private insurance reimbursement as may be available as a result of the disaster.
(d) The loan fund has necessary moneys to provide the loan.
The awarding of all loans shall be at the sole discretion of the state fire marshal.
(a) Upon determining which small governments shall receive a loan, the state fire marshal shall notify the qualifying small government in writing of his intent to grant the loan and of the terms and conditions of the loan.
(b) Promptly after receiving notification that the state fire marshal intends to grant a loan to the qualifying small government, the qualifying small government must adopt a resolution or ordinance which shall:
(i) Authorize the small government to accept the loan;
(ii) Agree to conditions of the loan as stipulated by the state fire marshal including the authority to execute any documents necessary to grant or secure the loan.
(c) Within forty-five days of receipt of the notice of the state fire marshal’s intent to award the loan the qualifying small government shall forward a copy of the resolution or ordinance to the state fire marshal.
(d) Upon receipt of the resolution or ordinance the state fire marshal shall establish a line of credit from the loan fund in the name of the qualifying small government.
(e) Within one hundred twenty days of the date the notice of intent to award the loan was received, the qualifying small government shall provide to the state fire marshal a properly executed contract or purchase agreement for the construction, addition or alteration of the building or purchase of the vehicle or equipment described in the original loan application.
(f) Upon determination that the contract or purchase agreement is for substantially the same project as described in the original loan application, the loan funds will be released to the qualifying small government according to the term of the loan agreement.
(a) A repayment or amortization schedule shall be established as part of the loan agreement. In establishing the repayment schedule, the state fire marshal shall consider the ability of the small government to repay the loan and the need to maintain a sufficient balance in the loan fund to insure it’s continued operation.
(b) The repayment or amortization schedule shall not extend beyond twenty years.