Legislative Analysis
Phone: (517) 373-8080
TEMPORARY DOOR LOCKING DEVICES
http://www.house.mi.gov/hfa
IN CHILD CARE CENTERS
Analysis available at
Senate Bills 906 and 907 as reported http://www.legislature.mi.gov
Sponsor: Sen. Jeremy Moss
Senate Bill 908 as reported
Sponsor: Sen. Mallory McMorrow
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
Complete to 12-13-24
SUMMARY:
Senate Bill 906 would amend the Still-DeRossett-Hale Single State Construction Code Act to
regulate the installation and use of a temporary door locking device or system 1 in a child care
center. 2 Specifically, the bill would say that all of the following apply to these devices or
systems: 3
• The device or system is portable and will not be permanently affixed to the door.
Individual parts of the locking assembly of the device or system, including bolts, stops,
brackets, and pins, that do not prevent normal ingress and egress through the door may
be permanently mounted on a labeled fire door assembly.
• The locking means is capable of being engaged without opening the door.
• The door is capable of being unlocked and opened from outside the room with a
required tool or key.
• The locking means does not modify the door closure, fire exit hardware, or panic
hardware (defined as fire door hardware, handles, or push bars that allow for the
opening of the door with a single movement).
• The device or system may be disengaged by an individual on the interior side of the
door without the use of a key or special tool.
• Installation and operation of the fixed elements of the device or system is in compliance
with 1966 PA 1. 4
• A properly trained firefighter, law enforcement officer, or child care center staff
member is able to release the locking device or system from the outside.
• The device or system may provide notification of its location and placement in the
event of a lockdown.
• The device or system must not be installed on doors leading outside the child care
center from a corridor.
1
Defined as an anchoring mechanism or system installed on the interior side of a door that, when engaged, secures
the door against forced entry.
2
Defined as a facility, other than a private residence, that takes in or more children under 13 years of age for care for
periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. For
further information and exceptions, see https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-722-111
3
These provisions mirror those enacted in 2020 for the installation of temporary door locking devices in schools. See
https://www.legislature.mi.gov/Bills/Bill?ObjectName=2019-HB-4689
4
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-1-of-1966
House Fiscal Agency Page 1 of 4
• The device or system must be installed in accordance with the installation instructions
submitted as described below.
• Any fasteners or through bolt penetrations to a labeled fire door assembly must be made
of steel.
• Holes, bolts, or fasteners made or used to install a device or system must be the same
as stated in the submitted installation instructions.
Under the bill, a temporary door locking device or system could be installed in any child care
center or addition to a child care center, regardless of the number of stories of the building or
addition, or as a component in the construction, reconstruction, or remodeling of a child care
center or addition to a child care center, regardless of the costs of those activities.
A labeled fire door assembly with a temporary door locking device or system installed in
accordance with the bill would not violate the act.
Except as described below, the operator of a child care center would be required to do all of
the following:
• Before newly installing a temporary door locking device or system in the child care
center, submit to the enforcing agency two copies of the floor plans, drawings,
diagrams, and installation instructions for plan review, obtain plan review approval,
and obtain a permit for installation, as provided in the act and the Fire Prevention
Code, 5 and notify the local fire department and law enforcement agency with
jurisdiction over the child care center of the intended installation or use, and location,
of the device or system.
• Before using a newly installed device or system in the child care center, notify the
enforcing agency that the device or system is ready for inspection and receive written
approval from the agency that the device or system is approved for use.
• In the child care center where the device or system is installed or being used, provide
in-service training to staff members on the use of the device or system. The operator
would have to maintain a record verifying this training on file.
• Ensure that the device or system is engaged for only a finite period of time, as
determined by the operator in accordance with (beginning 90 days after the bill takes
effect) an emergency procedure plan adopted in accordance with licensing rules for
child care centers. The emergency procedure would need to include a description of
the installation and use of the temporary door locking devices or systems used by the
operator.
Enforcing agency means the governmental agency that, under the act, is responsible
for administration and enforcement of the act within a governmental subdivision.
Previously installed devices or systems
Except as described below, if a child care center has an existing temporary door locking device
or system that was installed before the bill’s effective date, the enforcing agency would have
to approve the device or system if all of the following requirements are met:
• Within one year after the bill’s effective date, the operator of the child care center
submits to the enforcing agency two copies of the drawings, diagrams, and installation
5
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-207-of-1941
House Fiscal Agency SBs 906, 907, and 908 as reported from House committee Page 2 of 4
instructions showing that the device or system meets the bill’s requirements described
above.
• The operator of the child care center applies for and obtains any necessary permits as
described above.
• The enforcing agency inspects the installed device or system and determines that it
meets the bill’s requirements.
The operator of a center with a previously installed device would have to comply with the
required in-service training for staff members and operation of the device in accordance with
an emergency procedure plan, as described above, and notify the local fire department and law
enforcement agency with jurisdiction over the applicable child care center.
Exceptions
Notwithstanding any rules, regulations, or guidelines to the contrary developed and issued by
the Department of Licensing and Regulatory Affairs (LARA), the operator of a child care
center would not be required to provide to LARA or the enforcing agency construction
documents that are sealed and signed by a licensed architect or licensed professional engineer
in accordance with Article 20 of the Occupational Code 6 before doing either of the following:
• Newly installing a temporary door locking device or system in a child care center.
• Receiving approval for an existing temporary door locking device or system that was
installed in a child care center before the bill’s effective date.
MCL 125.1528 and proposed MCL 125.1504i
Senate Bill 907 would amend the Fire Prevention Code to provide that a labeled fire door
assembly with a temporary door locking device installed in accordance with Senate Bill 906
does not violate the code.
MCL 29.22
Senate Bill 908 would amend 1973 PA 116, known as the child care licensing act, to allow for
the installation of temporary door locking devices in child care centers in accordance with
Senate Bill 906.
Proposed MCL 722.113m
The bills are all tie-barred together, which means that none of them can take effect unless all
three are enacted.
BRIEF DISCUSSION:
According to committee testimony, the bills are intended to give child care centers the same
option for installing temporary locks as was intended to schools in 2020. Supporters of the bills
argued that the locks can be an important safety device in the event of shootings or other threats
to the facility.
6
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-299-1980-20
House Fiscal Agency SBs 906, 907, and 908 as reported from House committee Page 3 of 4
FISCAL IMPACT:
Senate Bills 906, 907, and 908 would have an indeterminate fiscal impact on state and local
government units. The Department of Licensing and Regulatory Affairs and local agencies that
enforce the Michigan Building Code may incur costs associated with reviewing and inspecting
the plans and installations of temporary door locking devices or systems in child care centers,
but the costs would depend on the number of centers that choose to install these systems.
POSITIONS:
A representative of the Michigan Department of Education, Advancement, and Potential
testified in support of the bills (11-12-24).
The following entities indicated support for the bills:
• Lockout USA (11-12-24)
• Michigan County Social Services Association (12-10-24)
Legislative Analyst: Alex Stegbauer
Fiscal Analysts: Una Jakupovic
Noel Benson
Perry Zielak
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SBs 906, 907, and 908 as reported from House committee Page 4 of 4
Statutes affected: Senate Introduced Bill: 29.22
As Passed by the Senate: 29.22