Ohio Admin. Code 5123-13-07 - [Rescinded] Prohibition of weapons or other prohibited items at developmental centers and department offices

(A) The purpose of this rule shall be to prohibit the storing, possessing, carrying, or use of deadly weapons or dangerous ordnance, drug of abuse, or intoxicating liquor in any building or on the grounds of a developmental center or property owned or leased by the Ohio department of developmental disabilities (hereinafter "department") by employees or visitors or other individuals or by employees in the performance of their duties whether on or off state owned or leased property.

(B) The provisions of this rule shall be applicable to all developmental centers and state owned or leased property and employees under the managing responsibility of the department.

(C) The following definitions shall apply to this rule:

(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 any pistol, revolver, rifle, shotgun or 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.

(D) It is the policy of the department that no deadly weapons and dangerous ordnance including firearms, drugs of abuse, and intoxicating liquor shall be stored, possessed, carried, used or discharged by any employee of this department, visitor, or other individual in any building or upon the grounds of a developmental center or on property owned or leased by the department 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 has been issued a license or temporary emergency license to carry a concealed weapon under section 2923.125 or 2923.1213 of the Revised Code.

(E) This rule does not apply to representatives 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 leased property under the managing authority of the department.

(F) 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.

(G) Any department employee 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 the provisions of 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 5123-13-07

Effective: 11/19/2018
Promulgated Under: 111.15
Statutory Authority: 5123.04
Rule Amplifies: 5123.04, 2923.126, 2921.36
Prior Effective Dates: 05/28/1982, 04/23/2004