SB454: SB454 Regulation of Fire and Other Hazards; use of temporary door locking devices in public buildings during certain emergency situations; authorize

26 LC 63 0182S The House Committee on Public Safety and Homeland Security offe rs the following substitute to SB 454: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to1 regulation of fire and other hazards to persons and property generally, so as to authorize the2 use of temporary door locking devices in public buildings durin g certain emergency3 situations; to provide for guide lines for use of such devices; to provide for rules and4 regulations; to provide for definitions; to amend Article 27 of Chapter 2 of Title 20 of the5 Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to6 authorize the local board of education or other governing body of each public and private7 elementary and secondary school in this state to install key bo xes at each school building;8 to provide for the purpose, content, and minimum standards of such key boxes; to provide9 for policies and procedures; to provide for immunity from civil liability; to provide for10 related matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire14 and other hazards to persons and property generally, is amended by adding a new Code15 section to read as follows:16 S. B. 454 (SUB) - 1 - 26 LC 63 0182S "25-2-37.1.17 (a) As used in this Code section, the term:18 (1) 'Public building' means any structure which is generally o pen to members of the19 public with or without the payment of an admission fee or membership dues including,20 but not limited to, structures owned, operated, or leased by the state, the United States or21 any state thereof, any foreign nation, or any political subdivision or authority thereof; any22 religious organization; any medical facility; any child care learning center; any college,23 school, or university; or any corporation, partnership, or association.24 (2) 'Temporary door locking device' means a device that prevents a door from opening,25 provided that the device:26 (A) Can be engaged or removed without opening the door and removed with a single27 operation when engaged;28 (B) Can be engaged and removed from the egress side of the door without the use of29 a key and removed from the ingress side of the door with the us e of a key or other30 credential;31 (C) Does not modify the door closer or any panic hardware or fire exit hardware;32 (D) Is not permanently mounted to the door assembly; provided, however, that33 individual parts of the device assembly, including, but not lim ited to, bolts, stops,34 brackets, and pins that do not prevent normal function of the door, may be permanently35 mounted; and36 (E) Does not affect the fire rating of the door and complies with national fire protection37 association fire rating standards.38 (b) A temporary door locking device may be used in a public building to secure a door to39 a room, or to secure a fire exit, hallway, corridor, or entranc eway leading to a fire exit,40 provided that such device is:41 (1) Used only during an emergency active threat situation or d rill, including, but not42 limited to, sheltering in place or lockdown;43 S. B. 454 (SUB) - 2 - 26 LC 63 0182S (2) Installed at a height not to exceed 48 inches above the floor; and44 (3) Integrated into building safety plans, drills, and trainin g programs that include45 in-service training on the use of such devices for building staff, and that such plans and46 programs are made available to first responders.47 (c) If a temporary door locking device is to be used for secur ing a fire exit, hallway,48 corridor, or entranceway leading to a fire exit, in addition to the requirements under49 subsection (b) of this Code section, such device shall be appro ved by the local fire50 department, local law enforcement agency, state fire marshal, or local fire marshal prior to51 use.52 (d) The Commissioner shall adopt rules and regulations necessa ry to implement the53 provisions of this Code section."54 SECTION 2.55 Article 27 of Chapter 2 of Title 20 of the Official Code of Geo rgia Annotated, relating to56 loitering at or disrupting schools, is amended by adding a new Code section to read as57 follows:58 "20-2-1187.59 (a) The local board of education or other governing body of ea ch public and private60 elementary and secondary school in this state may provide for t he installation at each61 school of at least one exterior key box that meets or exceeds U nderwriters Laboratories62 Standard 1037.63 (b) Each key box under subsection (a) of this Code section shall:64 (1) Be installed at an appropriate location for permitting local law enforcement officers65 emergency access to such building, the precise location of which shall be determined by66 such local board of education or other governing body; and67 (2) Contain such keys and other access control devices as are necessary to access each68 building and room located on the entire school grounds.69 S. B. 454 (SUB) - 3 - 26 LC 63 0182S (c) The local board of education or other governing body of ea ch public and private70 elementary and secondary school in this state shall adopt such policies and procedures as71 are necessary to implement the provisions of this Code section.72 (d)(1) Local boards of education, other public and private school governing bodies, local73 school systems, other public and private schools, and local gov ernments and agencies74 shall be immune from civil liability for any damages arising ou t of the installation and75 use of key boxes under subsection (a) of this Code section.76 (2) Employees of local boards of education, other public and private school governing77 bodies, local school systems, other public and private schools, and local governments and78 agencies shall be immune from civil liability for any damages a rising out of the79 installation and use of key boxes under subsection (a) of this Code section unless it is80 shown that such employee acted with gross negligence or bad faith."81 SECTION 3.82 All laws and parts of laws in conflict with this Act are repealed.83 S. 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