[Adopted 9-11-2012 by Ord. No. 857 (Ch. 7, Part 3, of the 1990 Borough
Code of Ordinances)]
The intent of this article is to allow police, fire and emergency
medical service personnel to gain immediate entry to certain properties
so as to allow the fire and/or emergency medical service personnel
to perform their duties. To accomplish this goal, the Borough of Royersford
elects to require the use of rapid-entry key box devices and associated
equipment as provided by the Knox Company and currently in use by
the Fire Department within certain structures in the Borough of Royersford.
The Borough Council hereby repeals and supersedes in their entirety
Ordinance No. 834 and Ordinance No. 851.
The Borough of Royersford requires the installation and maintenance of rapid-entry lock box devices and associated equipment as described in § 240-1 above, in the following buildings and structures:
A.
In all commercial and/or industrial buildings; however, if a property
owner owns multiple (i.e., more than one) commercial or industrial
structures that are situated no more than 300 feet apart, the property
owner shall be permitted to install one centrally located rapid-entry
lock box with keys to all of the structures upon prior written approval
of the Fire Marshal.
B.
In all multifamily residential structures containing three or more
living units that contain common hallways, furnace rooms or corridors,
which have restricted access via locked doors;
C.
That contain a fire alarm system that uses an automatic dialer;
D.
That contain an automatic fire-suppression system;
E.
Any property that is fully enclosed by a fenced or lock gate in such
a fashion as to restrict or impede access during a period of emergency;
or
F.
Any other commercial or industrial building identified by the Fire
Marshal as difficult to access during an emergency, which, in the
case of an emergency, may result in significant loss of life or significant
property or environmental damage based on the factors including, but
not limited to, fire load, occupant load, building construction and
storage or use of hazardous materials.
A key box shall be installed in an accessible location approved
by the Fire Marshal. The key box shall be installed on the front of
the structure near the main entry door, on the right-hand side, between
four feet six inches and six feet above grade, unless approved at
a higher or lower level by the Fire Marshal. The key box is not required
to be attached to or monitored by any alarm system, but it is recommended.
A.
The key box shall contain keys for all of the following:
(1)
Locked points of ingress or egress, whether on the interior, exterior
or exterior locked gates of said building or property;
(2)
Any locked mechanical equipment room;
(3)
Any locked electrical rooms;
(4)
Any locked elevator control;
(5)
Any alarm control room/panels;
(6)
For multitenant buildings, a key for each tenant or business suite;
however, keys are not required to gain access to any private residence;
and
(7)
Any other areas as required by the Fire Marshal.
B.
As an alternative to having the interior keys located at the exterior
Knox Box® location, a second Knox Box® or rapid-entry key box may be located within
the main lobby of the building to hold those keys. Prior to installation
of any secondary rapid-entry key box, the owner/operator of the structure
shall meet with the designated Borough of Royersford Fire Marshal
or his or her designee to identify an appropriate location.
A.
The owner/operator of a structure shall obtain and purchase a rapid-entry
key box at its cost from the Borough at the time of the issuance of
the building permit for new construction or within six months of the
adoption of this article for existing structures.
B.
The owner/operator shall provide the proper keys for the required
access to the Fire Marshal.
C.
The owner/operator shall notify the Fire Marshal when locks and/or
keys have been changed.
D.
The owner/operator shall keep the immediate area of the key box free
and clear of any obstructions.
The Fire Marshal, in consultation with the Chief of Police,
shall adopt written procedures to ensure the security of the rapid-entry
keys. Such written procedures shall be adopted and issued by the Fire
Marshal within 90 days of enactment of this article.
Any building or structure having on-site, twenty-four-hour-a-day
security personnel may be exempt from the requirements of this article
at the discretion of the Fire Marshal. The owner/operator shall submit
a written request for an exemption under this section to the Fire
Marshal and shall also provide a copy of the request to the Borough
Manager. The Fire Marshal shall respond in writing to the exemption
request within 45 calendar days. Further, certain properties, buildings
or structures that are deemed to have unique environmental hazardous
situations may be exempt from the requirement of providing a rapid-entry
key box after consultation with and consent of the owner and operator
of the structure, building, or property.
A.
In the event of the activation of a fire alarm call that is deemed
by the Fire Marshal to be a nuisance fire alarm, the owner of the
property shall be given a fire alarm activation report indicating
that the activation was deemed to be the result of a nuisance fire
alarm. Upon receipt of such a report, the owner shall, within 15 days,
present reasonable evidence to the satisfaction of the Fire Marshal
that the fire alarm system has been examined by a qualified fire alarm
technician and that a bona fide attempt has been made to identify
and correct any defects in design, installation or operation of the
fire alarm system that was identifiable as a cause of the nuisance
fire alarm. Failure to provide such evidence shall be a violation
of this section and may be punishable pursuant to the Code of the
Borough of Royersford.
B.
If three such nuisance alarms are made from the same property within
any twelve-month period, the owner of the property shall be assessed
a forfeiture of $500 in addition to any other forfeitures or penalties
provided of the Code of the Borough of Royersford.
C.
For the purposes of this section, a "nuisance fire alarm" means the
activation of any fire alarm system that results in a response by
the Fire Department and that is caused by mechanical failure, malfunction,
improper installation, lack of proper maintenance or any other reason
for which the Fire Department personnel are unable to determine the
apparent cause of the alarm activation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful to tamper with any rapid-entry system/Knox Box® system or to remove any key from such a box without
the permission of the Fire Marshal or his or her designee. Any person
who violates or permits a violation of this section shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
section that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this section in equity in the Court of Common Pleas of
Montgomery County.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
