Ohio Rev. Code » Chapter 124
Ohio Revised Code

Ohio Rev. Code § 124.45 (2026)

Fire department promotions

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Effective:
July 1, 2007
Latest Legislation:
House Bill 187 - 126th General Assembly
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Vacancies in positions above the rank of regular fire fighter in a fire department shall be filled by competitive promotional examinations, and promotions shall be by successive ranks as provided in this section and sections 124.46 to 124.49 of the Revised Code. Positions in which those vacancies occur shall be called promoted ranks.

When a vacancy occurs in the promoted rank immediately above the rank of regular fire fighter, no person shall be eligible to take the examination unless the person has served forty-eight months, not including the person's probationary period, in the rank of regular fire fighter, provided that, in those cases when there are less than two persons in the rank of regular fire fighter who have served forty-eight months, not including the person's probationary period, in that rank and who are willing to take the examination, this service requirement does not apply.

When a vacancy occurs in a promoted rank, other than the promoted rank immediately above the rank of regular fire fighter, no person shall be eligible to take the examination unless the person has served twelve months in the rank from which the promotion is to be made, provided that, in those cases when there are less than two persons in that next lower rank who have served twelve months in that rank and who are willing to take the examination, the twelve-month service requirement shall not apply. If the nonapplication of the twelve-month service requirement to persons in the next lower rank does not produce two persons eligible and willing to compete, the same method shall be followed by going to successively lower ranks until two or more persons are eligible and willing to compete in an examination for the vacancy. If this process of searching successively lower ranks reaches the rank of regular fire fighter, the forty-eight-month service requirement applies, provided that, in those cases when that application still fails to produce two persons who are eligible and willing to compete, the forty-eight-month service requirement does not apply. If two persons are unwilling to compete for the examination, the one person who is willing to compete shall be appointed to fill the vacancy after passing a qualifying examination.

Promotional examinations for positions within a fire department shall relate to those matters that test the ability of the person examined to discharge the particular duties of the position sought, shall include a written testing component, and, in examinations for positions requiring the operation of machines or equipment, may include practical demonstration tests of the operation of those machines or equipment as a part of the examination.

Those persons who compete in a promotional examination in accordance with the rules of the civil service commission shall have added to their grade credit for seniority. Credit for seniority shall be given as follows: one point shall be added for each of the first four years of service, and six-tenths of a point shall be added for each year for the next ten years of service. In computing the credit for seniority, half of the credit specified in this paragraph shall be given for a half year of service. Credit for seniority shall be based only on service in the municipal or civil service township fire department and the service provided for in the next succeeding paragraph.

When service in a municipal or civil service township fire department is interrupted by service in the armed forces of the United States, seniority credit shall be granted in promotional examinations for the time so served. No additional credit for military service shall be allowed in promotional examinations.

Credit for efficiency may be given as an added credit, shall be ten per cent of the member's efficiency rating for the last year, and shall be based on the record of efficiency maintained in the fire department in the manner established by the civil service commission, provided the efficiency shall be graded by three ranking officers of the fire department familiar with the work of the member. In those cases when three such officers do not exist, the ranking officers or officer familiar with the work of the member shall grade the efficiency.

No credit for seniority, efficiency, or any other reason shall be added to an applicant's grade unless the applicant achieves at least the minimum passing grade on the examination without counting that extra credit.

After the grading of examination papers, any participant in the examination who considers the participant's examination papers to have been erroneously graded shall have the right to appeal to the commission, and the appeal shall be heard by the commission.

The public notice of a holding of a promotional examination for a position or positions in a fire department shall, unless waived by all persons eligible to participate, be published not less than thirty days prior to the examination and shall contain a description of the source material from which the examination questions are prepared. The source material shall be readily accessible to the examinee. Failure to comply with this requirement shall make void the pursuant examination. This paragraph does not prohibit the use of questions having answers based on experience in the fire service within the fire department in which the promotional examination is being given.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1985–2021 · leading case: Shirokey v. Marth, 585 N.E.2d 407 (Ohio 1992).
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Shirokey v. Marth, 585 N.E.2d 407 (Ohio 1992). · cites it 2× “In Shirokey’s second and third propositions of law he defines his claim by stating: “A person who, according to R.C. 124.45, 124.46, 124.48, and 124.49, has a right to a promotion has established a legitimate claim of entitlement to that promotion in order to have a…”
State ex rel. Schroeder v. Cleveland (Slip Opinion), 2016-Ohio-8105, 80 N.E.3d 417. · cites it 6× “” The legislature’s use of the word “shall” is understood to mean a mandatory obligation, and it is not left to the discretion of the city to decide the manner in which promotions in the fire department should be made.”
Collini v. City of Cincinnati, 622 N.E.2d 724 (Ohio Ct. App. 1st Dist. 1993). · cites it 2× “R.C. 124.45 states in pertinent part: “[N]o person shall be eligible to take the examination [for promotion] unless he has served twelve months in the rank from which the promotion is to be made s{c H* » Whether this requirement is called “time in grade,” “time in service,” or a…”
State ex rel. Hrelec v. City of Campbell, 765 N.E.2d 402 (Ohio Ct. App. 7th Dist. 2001). “” Based upon these findings and the purpose of the civil service scheme, the magistrate concluded that Chief Stanfar’s resignation could be applied only prospectively, and as the eligibility list had expired, granted the writ and ordered the CSC to give a promotional examination…”
State ex rel. McArthur v. DeSouza, 599 N.E.2d 268 (Ohio 1992). “341, the applicable provisions of which are now contained in R.C. 124.45, promotion of firemen) to read: “Credit for seniority shall be based only on service in the municipal or civil service township fire department * * R.”
State ex rel. Fern v. City of Cincinnati, 832 N.E.2d 106 (Ohio Ct. App. 1st Dist. 2005). “We then noted that R.C. 124.45, which pertains to promotional exams for firefighters, provided that examinees could protest the grading of their exams within five days, while R.”
State ex rel. Rimroth v. Harrison, 2020-Ohio-367. “R.C. 124.45 provides for the award of additional points based on seniority or military service, but the statute precludes awarding the points “unless the applicant achieves at least the minimum passing grade on the examination without counting that extra credit.”
Deemer v. Ashtabula City Civil Serv. Comm'n, 707 N.E.2d 20 (Ohio Ct. App. 11th Dist. 1997). · cites it 13× “Second, the solicitor reasoned: “It is clear [that R.C. 124.45] contemplates a firefighter obtaining, as a prerequisite to eligibility for the promotional examination, knowledge and experience unique to the community and department in which he serves as a Regular Firefighter.”
Cleveland Firefighters Assn. v. Cleveland, 2013-Ohio-5439, 5 N.E.3d 676. · cites it 6× “481 and (3) R.C. 124.45. For the reasons set forth below, we conclude that Cleveland Charter Section 74-1 violates Article XV, Section 10 and R.”
Brickweg v. City of St. Bernard, 727 N.E.2d 164 (Ohio Ct. App. 1st Dist. 1999). · cites it 4× “Bernard argues that R.C. 124.45, which applies to promotional examinations for firefighters, extends the time in which an appointment must be made.”
State ex rel. East Cleveland Fire Fighters' Ass'n, Local 500 v. Jenkins, 96 Ohio St. 3d 68 (2002). “R.C. 124.45. {¶ 3} On December 16, 1997, the association and one of its members who held the position of captain in the fire department filed a complaint in the Court of Common Pleas of Cuyahoga County against the commission and the then-mayor *69 and moved for injunctive relief…”
State ex rel. E. Cleveland Fire Fighters' Assn., Local 500, IAFF v. Jenkins, 2002-Ohio-3527, 96 Ohio St. 3d 68. “R.C. 124.45. {¶3} On December 16, 1997, the association and one of its members who held the position of captain in the fire department filed a complaint in the Court of Common Pleas of Cuyahoga County against the commission and the then-mayor and moved for injunctive relief to…”
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