State of Ohio and Lockdown Barricading
MAY 13, 2016
TEMPORARY DOOR LOCKING DEVICES
House Bill 64 adopted by the Ohio General Assembly on June 30, 2015, included new RC § 3781.106 which required the Ohio Board of Building Standards (Board) to adopt rules for the use of a device by a staff member that prevents both ingress and egress through school doors in an emergency situation and during active shooter drills. At its meeting on April 8, 2016, the Board adopted amendments to Ohio Building Code (OBC) Chapters 2 & 10 for the use of Temporary Door Locking Devices (TDLD) in schools under the conditions set forth in these rules. These amendments took effect April 18, 2016.
The Conditions of Use and Operational Requirements for TDLDs are outlined in amended OBC §1008.1.9.11:
1008.1.9.11 Temporary door locking device in school buildings. A temporary door locking device shall be permitted when approved by the building official and noted on the certificate of occupancy only in school buildings where the requirements of sections 1008.1.9.11.1 and 1008.1.9.11.2 are met.
1008.1.9.11.1 Conditions of use. A temporary door locking device shall only be used on doors under the following conditions:
1. Proof is provided by the administrative authority of a school building that a school safety plan has been adopted and filed pursuant to section 3313.536 of the Revised Code; and
2. The temporary door locking device shall only be used in an emergency situation and during active shooter drills; and
3. The temporary door locking device is engaged only by a staff member of the school building; and
4. The temporary door locking device shall only be engaged for a finite period of time as determined by the administrative authority of a school building in accordance with the school safety plan adopted pursuant to section 3313.536 of the Revised Code; and
5. Proof is provided by the administrative authority of a school building that police and fire officials having jurisdiction for the school building have been notified prior to the use of the temporary door locking device; and
6. In-service training on the use of the temporary door locking device is provided for school staff members and records verifying this training shall be maintained on file and provided to the fire official upon request.
1008.1.9.11.2 Operational requirements. The temporary door locking device shall be permitted to be used in accordance with the following items:
1. The temporary door locking device shall not be permanently mounted to the door.
Exception: Individual parts of the temporary door locking device assembly such as bolts, stops, brackets, pins, etc. that do not prevent normal ingress and egress through the door may be permanently mounted provided that when such parts are mounted on a labeled fire door assembly such installation does not affect the fire rating of the fire door assembly.
2. The removal of the temporary door locking device, after it is engaged, shall not require more than one operation.
Exception: Two operations may be permitted to remove a temporary door locking device, after it is engaged, if the school building is equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1.
Provisions of the “Americans with Disabilities Act of 1990,” 104 Stat. 327, 42 U.S.C.A. 12101, as amended, may apply to the use of the temporary door locking device but are outside the scope of this code.
Also, note new definitions in OBC Chapter 2 for the following terms: Active Shooter Drill, Administrative Authority of a School Building, Emergency Situation, Institution of Higher Education, Private School, Public School, School Building and Temporary Door Locking Device.
If a school chooses to use TDLDs, it must submit an application with required information to the building department with jurisdiction for approval. While the scope of the project will not necessitate the preparation of detailed construction documents, per OBC § 106.1.1 the application should include information sufficient to determine compliance with the code, including, but not limited to, evidence of a properly adopted and filed school safety plan, a statement that both police and fire officials have been notified of the proposed TDLD, a description of the proposed TDLD, and, if applicable, a confirmation by the owner that any bolts, stops, brackets, pins employed by the device and that are permanently mounted pursuant to OBC § 1008.1.9.11.2(1) do not affect the fire rating of a fire door assembly. The code does not prescribe in what form this information or evidence of such communications shall be provided.
Upon receipt of an application for approval of a TDLD that sufficiently sets the information above, the building official must evaluate the proposed TDLD to confirm that it meets the operational requirements of OBC § 1008.1.9.11.2(2). Primarily the building official must determine the number of operations necessary to remove the device. Only a device that requires not more than one operation to be removed may be approved. The code permits two operations to remove the device if the school building is equipped throughout with an automatic sprinkler system. Note that the number of operations described in OBC §1008.1.9.2(2) is in addition to the motions required to unlatch the existing door hardware. The motions necessary to unlatch the existing door hardware should not be counted when determining compliance with this section. While this evaluation rests in the judgment of the building official, the building official is encouraged to seek input on the proposed device from the local fire official during application review similar to review and comment by the fire official per OBC § 106.1.2(5) which does not cause unnecessary delay in the review of the application.
If the building official determines that a proposed TDLD conforms to the operational requirements of OBC § 1008.1.9.11.2, the device shall be approved. Such approval shall be noted on the Certificate of Occupancy with the following conditions: the TDLD may only be used in an emergency situation and during active shooter drills, the TDLD may only be engaged by a staff member of the school building for a finite period of time as determined by the administrative authority of a school building, and in-service training on the use of the temporary door locking device is provided for school staff members and records verifying this training shall be maintained on file and provided to the fire official upon request.
If the building official determines that a proposed TDLD does not conform to the operational requirements of OBC § 1008.1.9.11.2, the building official shall notify the school of the items of non-compliance per OBC § 107.6 and an opportunity to appeal pursuant OBC § 109.
Finally, building officials can also communicate to school officials intending to use a TDLD that, while the accessibility provisions of OBC Chapter 11 and ANSI A117.1 do not apply to temporary security devices, there are provisions of the “Americans with Disabilities Act of 1990” (104 Stat. 327, 42 U.S.C.A. 12101, as amended) that may apply to the use of the temporary door locking device but are outside the scope of the building code. Schools should consult with their legal counsel regarding any other applicable requirements.
APRIL 8, 2016
The State of Ohio Board of Building Standards unanimously approved the use of temporary door locking devices. Directives on the new rules will be going out to building departments and all listed stakeholders in the coming days. The new rules will be in full force no later than April 18. For more information, feel free to contact us and reference the supporting information below.
The team from Bearacade has been working with our local representatives, state legislators, and the Board of Building Standards in addressing issues that might make a classroom less safe for three (3) years … well before this recent attention. At no time since inception have any of our solutions been deemed non-compliant, been cited for any violations, or removed from a partner institution.
Since February of 2015, the State of Ohio has dedicated much attention to the concept and process of sheltering in place and barricading during finite moments of time when it is possibly safer to restrain entry and detain room occupants during a hostile intruder incident. There has been confusion within the state due to various ways institutions were attempting to block doorways. This issue yielded two proposed House bills, one proposed Senate bill, and departmental review by the Department of Commerce / Board of Building Standards. Ultimately, one House bill and the one Senate bill stopped as House Bill 64 moved forward and into the budget bill signed by Governor John Kasich. Below you will find detailed information regarding the State of Ohio, including the new law.
NOTE: From inception, Bearacade® was designed to the specifications of fire, police, and school administrators. There has been sincere attention to ease of deactivation (one motion), visual notification (for times outside of a lockdown), In-service Training, and Code of Conduct recommendations. Please call or email with any questions.
State of Ohio House Bill 64 Signed Into Law by Governor Kasich.
Amended Substitute House Bill 64 – State of Ohio 131st General Assembly
Section 3781.106 as signed into law by Governor John Kasich June 30, 2015
Sec. 3781.106. (A) The board of building standards shall adopt rules, in accordance with Chapter 119, or the Revised Code, for the use of a device by a staff member of a public or private school or institution of higher education that prevents both ingress and egress through a door in a school building, for a finite period of time, in an emergency situation, and during active shooter drills. The rules shall provide that the use of a device is permissible only if the device requires minimal steps to remove it after it is engaged.
The rules shall provide that the administrative authority of a building notify the police chief, or equivalent, or the law enforcement agency that has jurisdiction over the building, and the fire chief, or equivalent, of the fire department that serves the political subdivision in which the building is located, prior to the use of such devices in a building.
The rules may require that the device be visible from the exterior of the door.
(B) The device described in division (A) of this section shall not be permanently mounted to the door.
(C) Each public and private school and institution of higher education shall provide its staff members in-service training on the use of the device described in division (A) of this section. The school shall maintain a record verifying this training on file.
(D) In consultation with the state board of education and the chancellor of higher education, the board shall determine and include in the rules a definition of “emergency situation.” These rules shall apply to both existing and new school buildings.
(E) As used in this section:
(1) “Institution of higher education” means a state institution of higher education as defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued pursuant to Chapter 1713, of the Revised Code, or a school located in this state that possesses a certificate of registration and one or more program authorizations issued by the state board of career colleges and schools under Chapter 3332, of the Revised Code.
(2) “Private school” means a chartered nonpublic school or a nonchartered nonpublic school.
(3) “Public school” means any school operated by a school district board of education, any community school established under Chapter 3314, of the Revised Code, any STEM school established under Chapter 3326, of the Revised Code, and any college-preparatory boarding school established under Chapter 3328, of the Revised Code.
(4) “School building” means a structure used for the instruction of students by a public or private school or institution of higher education.
Ohio Attorney General’s School Security Task Force Model Emergency Operations Plan
Definitions: LOCKDOWN. The initial physical response to provide a time barrier. Lockdown is not a stand-alone defensive strategy. When securing in place this procedure should involve barricading the door and readying a plan of evacuation or counter tactics should the need arise.