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The Ohio building standards board on Friday gave final approval to rules allowing schools to deploy barricade devices in the event of an active shooter, but a disability rights group said they are not consistent with federal law ensuring equal access.

The Americans with Disabilities Act requires that locks be usable by people with disabilities and doesn’t hold an exception for the devices, according to the Ohio Disability Rights Law and Policy Center.

That inconsistency may prevent some school employees from being able to use the devices and “has the potential to create an environment where they are discriminated against because of their inability to operate this device,” said Michael Kirkman, the center’s executive director.

The new rules overseeing the barricade devices take effect in 10 days.

Parents, school districts and device manufacturers lobbied lawmakers to allow the devices after school shootings, including the 2012 killing of three students in Chardon, in northeastern Ohio.

Arkansas, Kansas, Michigan, New Jersey and Ohio are among states that have updated their fire or building codes to allow the devices. Some devices used in Ohio and elsewhere slide under doors and could require that holes be drilled into the floor for security pins. Others attach to door handles.

The federal disability law is outside the board’s authority, said Steve Regoli, the board’s architect project administrator. As a result, it’s up to schools as employers to explore options to comply with the disabilities law, he said.

“If there is an employment issue then they’ve got to deal with making some accommodation on how they could use that device,” Regoli said. That could include an alternate device or some other assistance to use it, he said.

Skeptics say the devices are complicated to install under stress and could lead to dangerous unintended consequences, including blocking authorities from an attacker inside a classroom.

The Ohio board previously opposed the devices, calling them “unlisted, unlabeled and untested” in a report last year. But lawmakers approved them, forcing the board to adopt new rules.

Some schools went ahead and purchased devices with approval from local fire marshals. Others stopped the process, worried the device they wanted would run afoul of the new standards.

In Toledo, Emmanuel Christian School was within two weeks of installing its selected device last year when it canceled the order because of concerns about the upcoming codes.

The K-12 school of 375 students still hopes to purchase devices once it reviews the new standards. Interim school administrator Ron Farrington says the building is already secure but the devices would add peace of mind.

“It’s just one more step to help us be just that much more proactive in this area,” Farrington said.

The yet-to-be introduced capital appropriations bill is scheduled for its first hearing in the Senate Finance Committee Tuesday, April 12,  as the General Assembly returns from a lengthy spring hiatus with plans for a busy week of work.

Possible committee votes also are for bills dealing with local hiring restrictions governing architects and contractors for public improvement projects, 

The capital bill for fiscal years 2017-2018 will dominate much of the discussion in the first couple of weeks of the legislature’s return, with the measure being targeted for introduction and initial hearings in the Senate early this week.

While some details were still in flux as of Friday, the working total for the bricks-and-mortar measure has been about $2.6 billion, according to officials familiar with the discussions. That’s slightly larger than the last two-year bill, HB 497.

Almost a quarter of the appropriations, or about $428 million, are targeted to higher education facilities. That allotment reflects roughly a $24 million increase from two years ago. 

While representing only a fraction of the total appropriations in the bond-backed measure, the funding for “community projects” is again expected to receive a lot of attention from lawmakers and local officials.

Planners say this cycle’s allotment will be less than the $168 million provided for arts, sports and other community projects in the last capital budget. The early planning number was about $150 million.

Despite the limitations, local communities again submitted requests that added up to a number exponentially larger than what the Kasich Administration and the GOP-led General Assembly planned to allot for such projects.  

The last capital budget emerged only after all of the deal-making was complete and subsequently cruised through the legislature with no major changes. Officials said to expect a similar track this year, which could have the bill on the governor’s desk within a few weeks.

The Joint Committee on Agency Rule Review (JCARR) is scheduled to hear rules on school procedures for utilizing door barricades to protect students from an active shooter. 

The budget bill, HB64 (R. Smith), directed the Ohio Department of Commerce’s Board of Building Standards (BBS) to write the rules, which include conditions for use and operational requirements. 

According to the new rules, a temporary door locking device shall be used on doors under the following conditions:

– Proof is provided by the administrative authority of a school building that a school safety plan has been adopted according to the law.
– The temporary door locking device shall only be used in an emergency situation and during active shooter drills.
– The device is engaged only by a staff member of the school building.
– The 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.
– 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.
– 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.

Also included in the rule is a provision requiring that the temporary door locking device not be permanently mounted to the door. So, at Stay Classy, we offer a luxury car service that will take your trip to the next level. However, certain parts of the device can be mounted if it does not affect the fire rating of the door. 

The rule also says the removal of the device, after it is engaged, cannot require more than one operation (step). However, two steps may be permitted if the school is equipped throughout with an automatic sprinkler system. This part of the rule could prompt testimony at the hearing, JCARR Executive Director Larry Wolpert said in a pre-meeting memo.

“Before these rules were written, there was a parent’s group in a Central Ohio school district that purchased over $30,000 in door locking devices for their school system. The devices they purchased require two steps … and therefore cannot be used unless their schools have sprinkler systems. It is our understanding their schools do not have sprinkler systems,” Wolpert said. 

“The Board of Building Standards indicated this school district has the option to seek a variance at the Board of Building Appeals to use these two step … devices. There is a possibility members of this school district could give testimony at the JCARR meeting,” Wolpert continued. “JCARR staff believes the Board of Building standards composed rules as specifically directed in the budget bill and there are no JCARR prong issues.”

2020 Tax Policy Study Commission Co-chair Rep. Jeff McClain (R-Upper Sandusky) today announced that the Commission will hold it’s next hearing April 27 or 28 and will consider the Ohio Historic Preservation Tax Credit as well as cable and satellite taxes. 

Mark Mistur, AIA, will become the new dean of Kent State University’s College of Architecture and Environmental Design, the only architectural program in Northeast Ohio, effective July 15, 2016, the university said. Mistur currently serves as associate dean of the School of Architecture at Rensselaer Polytechnic Institute in Troy, NY.

Mistur shared his enthusiasm for joining Kent State’s College of Architecture and Environmental Design, which will occupy a new $47.9 million building that is currently under construction and scheduled to be open for fall 2016 classes.

“The College of Architecture and Environmental Design at Kent State is by all indicators a vibrant learning community, dedicated to professional excellence and making positive contributions to the built environment at every scale,” Mistur said. “The mix of programs, excellent faculty and outstanding students proved an irresistible mix. Opening an extraordinary new facility demonstrates a strong commitment to the college and to design excellence on the part of the university leadership and its alumni.”

Mistur will succeed Douglas L. Steidl, who previously announced his plans to retire this summer. Steidl has held the dean position with the college since July 2010.

Mistur has served as associate dean of Rensselaer’s School of Architecture since 2009, and he previously held the same position from 1998-2005. He also served as the school’s acting dean from 2008-2009. He has served as an associate professor of architecture since 2005 and as an associate professor of civil and environmental engineering in its School of Engineering since 2008. Prior to that, he has served as a clinical associate professor, senior lecturer, adjunct associate professor, adjunct assistant professor and adjunct instructor, dating back to 1983.

At Rensselaer, Mistur received a bachelor of architecture, a bachelor of building science and a master of science in building conservation. He also studied at Eidgenossische Technische Hochschule (ETH) Zurich in Switzerland. He has been a registered and licensed architect since 1988. 

Peter Kienle will present Best Practices Marketing, Business Development Practices For Seller/Doers at the Tangier on April 6, 2016, at 7:30 a.m.  The event will include breakfast.  Mr. Kienle will cover best marketing/BD practices for Seller/Doers, the backbone of any successful marketing/BD program in this very competitive environment. 

Click here to register

The Senate Ways and Means Committee is studying SB 235, introduced by Senators Bill Beagle and William P. Coley, II, which would exempt newly developable properties and redevelopment properties from incurring additional property taxes due to land improvements before building construction. According to the sponsors, this will allow property owners to make improvements to land such as adding sewers, electricity and roads so that it can be sold for commercial purposes without incurring additional property tax increases before the sale of the land to a new entity.

During testimony before the Committee the sponsors said that “this legislation is solely for land where no commercial activity is being conducted and there is no construction or reconstruction occurring. These properties are full of potential for community revitalization and business development. This change will incentivize property owners to enhance land sites for future business and development, rather than the current deterrent of increased property taxes for making land more attractive to interested investors.

“With this tax freeze, property owners will find it advantageous to improve their land, drawing business to Ohio. This bill will result in more pad-ready sites for new businesses and, in turn, encourage economic development and job creation throughout the state. This growth will lead to an increase in tax revenue for local government to support our communities.

“This legislation benefits every entity involved and will benefit Ohio by enhancing local economic development efforts and incentivizing business expansion and new construction projects at no cost to local government and schools. These long term- benefits are essential and pivotal for our state in remaining competitive through business and economic development.

“Senate Bill 235 is rather simple legislation, but one that will have positive ramifications throughout the state. With the support of various regional chambers of commerce and municipal governments, we believe this legislation will benefit both local governments and property developers.”

The Senate Ways and Means Committee is taking testimony on Sub. HB 233, which was introduced by Rep., Kurt Schuring and which is designed to assist in redeveloping strategic areas within Ohio’s downtowns. The bill uses as its core a historic preservation project that qualifies under the Ohio Historic Preservation Tax Credit. By way of background, the Historic Preservation Tax Credit went into effect in 2007 and has been widely successful throughout our state in restoring historic buildings. Many of those restoration projects have been in downtowns. Sub. H.B. 233 is intended to compliment those projects by offering new economic development tools that will have a synergistic effect on a designated area within a downtown and will provide a critical mass of activity that can support a place where people can live, work, and play.

The legislation allows a municipality to establish a Downtown Redevelopment District in ten-acre increments. The district must have a historic preservation project in it in order for the district to be formed. Up to 70% of the additional property taxes from the appreciated value of the historic preservation project can be diverted to pay for the following:

•for promotion of activity within the Downtown Redevelopment District
•revolving loans to other businesses in the district, infrastructure improvements, and 
debt service on construction loans 
These dollars will be used to support other economic activity in the district and will serve as a building block to the revitalization of the downtown as a whole. 

The legislation also allows for the establishment of an Innovation District to be established with in the Downtown Redevelopment District. The Innovation District will use a 100 gigabyte broadband connection to facilitate IT research and development in the form of business incubators and accelerators. These types of districts have been on the rise in recent years, attracting leading-edge businesses and the talented workers that go with it. The districts will foster a paradoxical alliance of combining old buildings with new high-tech job opportunities that create a sense of place that is very attractive to young people.

The bill passed unanimously in the House Government Accountability and Oversight Committee and also on the House Floor.

The AIA is continuing our effort to reach out to the public through our public awareness campaign, initiated in the fall of 2015.  The newest video, released on February 25,2016 focuses on the knowledge and diversity of AIA member architects.