Problem Solver: Legislation Overrides Code Restrictions

The code development process is a time-tested method of updating model codes through the consensus of multiple expert parties to address new technologies and lessons learned – often because of tragic events. But a disturbing trend is beginning to emerge: the use of legislation to address what should be handled by the code development process. 

A community organization in Ohio recently raised $30,000 to purchase a barricade device for each classroom door in their district. A barricade device is a secondary locking device used to lock a classroom door from the inside during an active shooter incident.  Although parents and many local officials believed this would be a cost-effective way to increase school security, there are many safety concerns.  In addition to the code-compliance issues, one of the primary concerns is that a barricade device can be used by an unauthorized person to lock the door and secure a classroom to commit harm, preventing access by staff and first responders. 

When the district was told that they could not install the devices because they do not comply with current Ohio codes, local legislators were engaged by parents and school districts to create bills that would prohibit the fire code from prohibiting the devices.  The language of the bill was changed several times and was eventually rolled into the state’s budget bill which was passed a few days later, despite the efforts of many to explain the safety concerns to Ohio state legislators.

Meanwhile, the Ohio Board of Building Standards was conducting an examination into the state’s current building codes and fire codes, to determine whether code changes were warranted.  Two hearings were held. The first was for invited speakers involved in codes and law enforcement to share their insight with the board.  The second was a public hearing, where anyone was allowed to speak; the door and hardware industry was represented by five speakers at the second hearing.  Additional speakers included code officials, manufacturers of barricade devices, state education and public safety agency representatives, and the public.

The outcome of the Board’s research, entitled - Ohio Board of Building Standards Classroom Barricade Forum Report, is an important piece of research for any jurisdiction considering the use of barricade devices (the report can be downloaded by visiting www.iDigHardware.com/schools). 

Based on all of the information presented in the report, the Board concluded that no changes were recommended to the current building code or fire code at this time. Unfortunately, the law that was passed by the Ohio legislature a few weeks before the report was released requires the Board to adopt rules for the use of barricade devices.  The Board will now be forced to create these rules, which will go into effect in March of 2016. 

This situation in Ohio could set a dangerous precedent of lawmakers getting involved where they do not have the experience to consider all aspects of a code issue.  A similar law allowing barricade devices has already been passed in Arkansas, despite strong opposition from the state fire marshal, who is also one of the top law enforcement officers in the state.  While some states have already rejected the use of barricade devices in schools and reinforced their position in support of current model code requirements, a few jurisdictions do allow the devices.  It’s important to help code officials, school districts, legislators, law enforcement, and parents understand the risks involved with putting lower-cost security ahead of safety.

Lori Greene, AHC/CDC, CCPR, FDAI, FDHI is the Manager, Codes and Resources for Allegion. For more information on this topic, visit her website idighardware.com.