[Ord. 03-2004-512, 3-25-2004; as amended by Ord. 07-2011-568, 7/28/2011; and by Ord. 04-2012-576,
4/26/2012, §§ I-IX, XII]
1. The Township of Salisbury hereby elects to administer and enforce
the provisions of the Pennsylvania Construction Code Act, Act 45 of
1999, 35 P.S. §§ 7210.101 — 7210.1103, as amended
from time to time, and its regulations.
2. The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401-405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the Municipal building code of the Township
of Salisbury.
A. Key Lock Box Systems.
(1)
Purpose and Intent. The purpose and intent of this Subsection
2A is to ensure that when fire breaks out within a structure, firefighters are not blocked or delayed from combating the fire by locked doors or gates. To help reduce these types of delays, the Township has adopted this Subsection
2A establishing a key lock box system for certain structures or properties within the Township to provide firefighters access for these structures while still ensuring the privacy and security of the owners and occupants of such a structure. The Township shall adopt the specific system by separate resolution which may be amended from time to time by the Township pursuant to this Subsection
2A.
(2)
Definitions.
OWNER
Any person or entity which owns, leases, manages, and/or
is in control of a structure, building, facility or property.
STRUCTURE
Any building, facility or man-made object.
(3)
Required Installation of Lock Box.
(a)
The Owner of the following types of structures or properties
shall install and maintain a fire department rapid entry key lock
box of a type specified by the Township:
1)
A structure regulated under the International Building Code,
except all detached one-family and two-family dwellings and one-family
townhouses that are not more than three stories in height and their
accessory structures.
2)
Multi-family residential structures regulated by the International
Building Code of four units or more, including senior apartment/condo
complexes that have restricted access to the living units.
3)
Commercial and industrial structures and/or properties where
access to or within a structure or area is restricted because of secured
openings or where immediate access is necessary for lifesaving or
firefighting purposes.
(b)
Owners of existing structures or properties which are subject to the requirements of this Subsection
2A shall have two years from the effective date hereof to comply with the requirements. Persons or entities who construct structures and/or develop properties which would be subject to the requirements of this Subsection
2A shall comply with the requirements at the time of construction and/or development.
(c)
Any structure or property having twenty-four-hour on-site security personnel who have full access to the entire structure or property may be exempt from the requirement of this Subsection
2A at the discretion of the Township Fire Chief(s) or Fire Inspector.
(4)
Installation.
(a)
Owners of structures or properties required to install a fire department rapid entry key lock box under this Subsection
2A shall install such a lock box in accordance with the following:
1)
The owner is responsible for ordering and installing the lock
box.
2)
Unless otherwise determined by the Township Fire Chief(s) or
Fire Inspector, the lock box shall be installed on the front of the
structure near the main entry door, on the right hand side, five feet
above the ground within 10 feet of entrance, unless approved at a
higher or lower level by the Township Fire Chief(s) or Fire Inspector.
The Fire Chief(s) or Fire Inspector may require the lock box be installed
in a different location in some cases. The owner shall contact the
Township Fire Chief(s) or Fire Inspector prior to mounting the lock
box for approval of the proposed location of the lock box and shall
allow the Fire Chief(s) or Fire Inspector to observe the installation
of the lock box to ensure proper location and installation. The approved
location for the installation of the lock box shall be at the complete
discretion of the Fire Chief(s) or Fire Inspector.
3)
The lock box shall meet or exceed the specifications of the
Knox Box 3200 Series.
(b)
The lock box shall contain the key(s) for all exterior doors
and gates, the keys for all interior doors and gates within the building,
and the keys to all doors or panels which control access to shared
systems (i.e., HVAC, alarm panels, sprinkler controls and electrical
panels). Each key shall be clearly labeled and easily identifiable.
(5)
Access to Lock Box.
(a)
The owner of any structure or property required to have a fire
department rapid entry key lock box shall ensure that the fire department
has completely unobstructed access to the lock box at all times.
(b)
The owner of any structure or property required to have a fire
department rapid entry key lock box or his/her/its agent shall be
present whenever the fire department accesses the lock box of the
Owner's structure or property except when the department has responded
to an emergency at the structure or property.
(c)
The Township fire department(s) shall maintain a written record
of when the key lock box access key(s) is accessed, removed or used
for entry including the name of the individual removing the key(s),
the time and date of the access and the reason for such removal.
(6)
Rules and Regulations. The Township may establish uniform rules
and regulations governing all structures required to install a key
lock box system with regards to the type, location, installation,
use, maintenance, and replacement of fire department rapid entry key
lock boxes within the Township, including, but not limited to, the
specification of approved types of fire department rapid entry key
lock boxes.
(7)
Updating Keys and Information.
(a)
The owner of any structure of property required to have a fire
department rapid entry key lock box shall ensure that the keys contained
within the lock box are up-to-date and provide access to all required
areas within the structure or property. Whenever a lock is changed
or new doors, gates, or panels are installed within a structure or
property, the owner shall immediately notify the Township's Building
Code Official to coordinate the placement of items within the lock
box.
(b)
The owner of any structure or property required to have a fire
department rapid entry key lock box shall provide the Fire Chief(s)
or Fire Inspector with up-to-date contact information that includes
the owner's name; addresses; and facsimile, telephone, mobile phone,
and pager numbers. Any change in this information must be provided
in writing to the Township Fire Chief(s) or Fire Inspector at least
48 hours in advance of the change occurring, along with the date such
change will take place.
(8)
Limitation of Liability.
(a)
The Township incorporates the immunity and regulations set forth
in the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. § 8541
et seq.
(9)
Violations and Penalties. Any person violating any provision of this Subsection
2A, upon conviction in a summary proceeding before a magisterial district judge, shall be sentenced to pay a fine to the Township of not less than $300 nor more than $1,000 together with all court costs actually incurred by the Township as provided for in the Pennsylvania Uniform Construction Code, Act 45 of 1999. Each day that a violation continues shall constitute a separate offense.
(10)
Effective Date. This Subsection
2A shall become effective 35 days after enactment or upon recordation of the ordinance within the Township's official Ordinance Book, whichever comes later.
3. Administration and enforcement of the Code within the Township of
Salisbury shall be undertaken in any of the following ways as determined
by the Board of Commissioners of the Township of Salisbury from time
to time by resolution:
A. By the designation of an employee of the Township of Salisbury to
serve as the Municipal code official to act on behalf of the Township
of Salisbury.
B. By the retention of one or more construction code officials or third
party agencies to act on behalf of the Township of Salisbury.
C. By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D. By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of the Township of Salisbury.
E. By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and
utility and miscellaneous use structures.
4. A Board of Appeals shall be established by resolution of the Board
of Commissioners of the Township of Salisbury in conformity with the
requirements of the relevant provisions of the Code, as amended from
time to time, and for the purposes set forth therein. If at any time
enforcement and administration is undertaken jointly with one or more
other municipalities, said Board of Appeals shall be established by
joint action of the participating municipalities.
5. Prior Ordinances.
A. All building code ordinances or portions of ordinances which were
adopted by the Township of Salisbury on or before July 1, 1999, and
which equal or exceed the requirements of the Code shall continue
in full force and effect until such time as such provisions fail to
equal or exceed the minimum requirements of the Code, as amended from
time to time.
B. All building code ordinances or portions of ordinances which are
in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended
to conform with the comparable provisions of the Code.
C. All relevant ordinances, regulations and policies of the Township
of Salisbury not governed by the Code shall remain in full force and
effect.
6. Fees assessable by the Township of Salisbury for the administration
and enforcement undertaken pursuant to this Part and the Code shall
be established by the Board of Commissioners by resolution from time
to time.
7. This Part shall be effective on April 10, 2004.
8. If any section, subsection, sentence, or clause of this Part is held,
for any reason, to be invalid, such decision or decisions shall not
affect the validity of the remaining portions of this Part.