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Ohio Revised Code

Ohio Rev. Code § 2305.091 (2026)

Asbestos actions by school districts

✓ current as of May 2026
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Effective:
October 8, 1992
Latest Legislation:
House Bill 334 - 119th General Assembly
PDF:
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(A) An action to obtain a judgment for any of the following shall be brought by a board of education of any school district within four years after the cause of action accrues in accordance with division (B) of this section:

(1) The removal of asbestos or materials that contain asbestos from a building or other structure that is owned by the board of education;

(2) Measures to be taken to locate, correct, or ameliorate any problem associated with asbestos or materials that contain asbestos in a building or other structure that is owned by the board of education;

(3) The reimbursement of the costs and expenses associated with the removal of asbestos or materials that contain asbestos from a building or other structure that is owned by the board of education;

(4) The reimbursement of the costs and expenses associated with the location, correction, or amelioration of any problem associated with asbestos or materials that contain asbestos in a building or other structure that is owned by the board of education.

(B) A cause of action for any removal, measures, or reimbursement described in divisions (A)(1) to (4) of this section accrues upon the date that the board of education is informed by an official of a state, county, or local health department or of the United States environmental protection agency, the Ohio environmental protection agency, or the industrial commission who has conducted an inspection for asbestos or who has received test data concerning asbestos located in a building or other structure that is owned by the board of education, that asbestos or materials that contain asbestos in any building or other structure that is owned by the board of education should be removed from the building or other structure or be encapsulated or otherwise maintained because the asbestos poses a health hazard or risk to persons who use the building or other structure.

(C) This section applies to asbestos, and material that contains asbestos, that is or was installed in a building or other structure prior to, on, or after the effective date of this section.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1993–2024 · leading case: Columbus Bd. of Educ. v. Armstrong World Indus., Inc., 627 N.E.2d 1033 (Ohio Ct. App. 1993).
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Columbus Bd. of Educ. v. Armstrong World Indus., Inc., 627 N.E.2d 1033 (Ohio Ct. App. 1993). · cites it 10× “In its last argument, appellant contends that Basic can be maintained as a party to this action because newly enacted R.C. 2305.091 applies. R.C. 2305.091 became effective on October 8, 1992, and states, in pertinent part: “(B) A cause of action for any removal, measures, or…”
Weidman v. Hildebrandt, 2024 Ohio 2931 (Ohio 2024). · cites it 3× “For example, in 1992, the General Assembly enacted R.C. 2305.091, Am.Sub.H.B. No. 334, 144 Ohio Laws, Part III, 4847, 4847-4848, which includes a discovery-rule provision that tolls the statute of limitations for asbestos-abatement actions brought by school boards, R.”
Weidman v. Hildebrandt, 2024 Ohio 2931 (Ohio 2024). · cites it 6× “For example, in 1992, the General Assembly enacted R.C. 2305.091, Am.Sub.H.B. No. 334, 144 Ohio Laws, Part III, 4847, 4847-4848, which includes a discovery-rule provision that tolls the statute of limitations for asbestos-abatement actions brought by school boards, R.”
NCR Corp. v. United States Mineral Prods. Co., 72 Ohio St. 3d 269 (Ohio 1995). “Judgment reversed and cause remanded. *274 Moyer, C.J., Resnick, F.E. Sweeney and Pfeifer, JJ.”
— Ohio Rev. Code § 2305.091(B) — 2 cases
Weidman v. Hildebrandt, 2024 Ohio 2931 (Ohio 2024). “For example, in 1992, the General Assembly enacted R.C. 2305.091, Am.Sub.H.B. No. 334, 144 Ohio Laws, Part III, 4847, 4847-4848, which includes a discovery-rule provision that tolls the statute of limitations for asbestos-abatement actions brought by school boards, R.”
Weidman v. Hildebrandt, 2024 Ohio 2931 (Ohio 2024). “For example, in 1992, the General Assembly enacted R.C. 2305.091, Am.Sub.H.B. No. 334, 144 Ohio Laws, Part III, 4847, 4847-4848, which includes a discovery-rule provision that tolls the statute of limitations for asbestos-abatement actions brought by school boards, R.”
— Ohio Rev. Code § 2305.091(C) — 1 case
Columbus Bd. of Educ. v. Armstrong World Indus., Inc., 627 N.E.2d 1033 (Ohio Ct. App. 1993). “In its last argument, appellant contends that Basic can be maintained as a party to this action because newly enacted R.C. 2305.091 applies. R.C. 2305.091 became effective on October 8, 1992, and states, in pertinent part: “(B) A cause of action for any removal, measures, or…”
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