(A)
Purpose
This rule prohibits storing,
possessing, carrying, or using a deadly weapon or dangerous ordnance, drug of
abuse, or intoxicating liquor in any building or on the grounds of a
developmental center or other state-owned or state-leased property under the
managing responsibility of the Ohio department of developmental disabilities
("department") by employees, visitors, or other individuals, or by employees in
the performance of their duties whether on or off state-owned or state-leased
property.
(B)
Definitions
For the purposes of this rule, the
following definitions shall apply:
(1)
"Deadly weapon or
dangerous ordnance" means any item as defined in section
2923.11 of the Revised Code, or
any part of or ammunition for use in such deadly weapon or dangerous ordnance
and includes, but is not limited to, firearms (including a pistol, revolver,
rifle, or shotgun) and any other weapon capable of discharging a projectile
capable of wounding, fatally or otherwise, the person of
another.
(2)
"Drug of abuse" means any item defined in section
3719.011 of the Revised
Code.
(3)
"Intoxicating liquor" means any beverage defined in
section 4301.01 of the Revised
Code.
(C)
Policy
(1)
Deadly weapons or dangerous ordnance, including
firearms, drugs of abuse, or intoxicating liquor, shall not be stored,
possessed, carried, used, or discharged by any employee of the department,
visitor, or other individual in any building or on the grounds of a
developmental center or other state-owned or state-leased property or while
performing a duty for the department. This prohibition applies to members of
developmental center security/police departments, including special police
officers commissioned in accordance with section
5123.13 of the Revised Code and
those employees who have completed basic police training and/or special police
training courses approved by the Ohio peace officer's training council, and
individuals who have been issued a license or temporary emergency license to
carry a concealed weapon under section
2923.125 or section
2923.1213 of the Revised
Code.
(2)
This rule does not apply to sworn officers of the Ohio
state highway patrol, local law enforcement authorities, or other persons duly
authorized to carry firearms in the performance of their duties on state-owned
or state-leased property under the managing responsibility of the
department.
(3)
The director of the department or the managing officer
of a developmental center may permit storage, possession, conveyance, and use
of the prohibited items specified in this rule, in writing, in accordance with
section 2921.36 of the Revised
Code.
(4)
An employee of the department who violates this rule
shall have committed an act which is cause for discipline up to and including
removal and may be subject to arrest and prosecution under section
2921.36 of the Revised Code. Any
visitor or other individual who violates this rule may be subject to arrest and
prosecution under section
2921.36 of the Revised
Code.
Replaces: 5123-13-07
Notes
Ohio Admin. Code
5123-100-02
Effective:
11/19/2018
Promulgated Under:
111.15
Statutory
Authority: 5123.04
Rule
Amplifies: 2921.36,
2923.126,
5123.04
Prior
Effective Dates: 05/28/1982, 04/23/2004
