Legislature Amends Lockdown Device Requirements

On March 23, Governor Whitmer signed into law Public Act 48 of 2022, which is immediately effective and amends Section 1d of the Construction of School Buildings Act (the Act) to change certain requirements related to temporary door locking devices and systems (e.g., the Boot) in schools.

The Act defines “temporary door locking device or system” (lockdown device) as an “anchoring mecha­nism or system installed on the interior side of a door that, when engaged, secures the door against forced entry.” These lockdown devices are tools that could prevent an active shooter or other individual from entering a classroom and harming students and staff.

In March 2020, Section 1d was initially enacted to allow lockdown devices to be installed in school buildings under the Act. Then, in September 2020, the Fire Prevention Code and Single State Construction Code Act also were amended to permit the installation of lockdown devices. We previously discussed the installation requirements and legislative changes in the April 2020, June 2020, and October 2020 editions of School Law Notes. Now, Public Act 48 makes two notable changes to Section 1d.

First, absent departmental rules, regulations, or guidelines, Section 1d no longer requires a school to provide the local building enforcing agency (usually, the Michigan Bureau of Construction Codes, unless the school district has opted-in for local review) with con­struction documents that are sealed and signed by a licensed architect or licensed professional engineer before either newly installing a lockdown device or receiving approval for an existing lockdown device that was installed before June 1, 2020. Instead, Section 1d now requires that a school submit two copies of floor plans, drawings, diagrams, and installation instructions to the agency for plan review and approval either to obtain a permit for installation or receive approval for an existing lockdown device that was installed before June 1, 2020.

Second, as amended, Section 1d no longer prohibits a lockdown device from being installed in a room with a capacity of more than 50 people (e.g., an auditorium or gym). The legislature recognized that in response to the COVID-19 pandemic, these larger spaces are being used to allow students and staff to social distance.

If your school is considering purchasing or has already installed a lockdown device, our attorneys are available to discuss the intricacies of the amended stat­ute and how they may affect your school.