Ohio Rev. Code § 3781.106

Current with legislation from 2024 received as of August 15, 2024.
Section 3781.106 - Devices to regulate ingress and egress through doors in school buildings
(A) 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) "Nonresidential building" means a building or structure, or part of a building or structure, not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences, or erections thereon or therein. "Nonresidential building" does not include an institution of higher education, private school, or public school, as defined in this section.
(3) "Owner" means an individual or entity possessing title to a nonresidential building or an authorized agent of the owner.
(4) "Private school" means a chartered nonpublic school or a nonchartered nonpublic school.
(5) "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.
(6) "School building" means a structure used for the instruction of students by a public or private school or institution of higher education.
(B)
(1) The board of building standards shall adopt rules, in accordance with Chapter 119. of 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, of 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.

(2) The device described in division (B)(1) of this section shall not be permanently mounted to the door.
(3) 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 (B)(1) of this section. The school shall maintain a record verifying this training on file.
(4) In consultation with the department of education and workforce 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.
(C)
(1) The board of building standards shall adopt rules, in accordance with Chapter 119. of the Revised Code, for the use of a device by the owner, or a person authorized by the owner, of a nonresidential building that prevents both ingress and egress through a door in the 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 require the owner of a building notify the police chief, or equivalent, of 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.

(2) The device described in division (C)(1) of this section shall not be permanently mounted to the door.
(3) Each owner of a nonresidential building shall provide any person that may use the device described in division (C)(1) of this section training on the use of the device. The owner of the building shall maintain a record verifying this training on file.
(4) The board shall determine and include in the rules a definition of "emergency situation" for purposes of division (C)(1) of this section. These rules shall apply to both existing and new nonresidential buildings.
(D) Any provision of the state fire code that is in conflict with this section or section 3737.84 of the Revised Code is unenforceable.

R.C. § 3781.106

Amended by 135th General Assembly, HB 33,§130.100, eff. 10/3/2023.
Amended by 134th General Assembly, HB 430,§1, eff. 9/23/2022.
Added by 131st General Assembly, HB 64,§101.01, eff. 9/29/2015.