[Adopted 10-20-1994 by Ord. No. 10-94 (Ch. 56, Art. V, of the 1972 Code)]
[Amended 5-20-2010 by Ord. No. 8-10]
When access to or within a building or structure other than owner-occupied one- and two-family dwellings not subject to the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq., is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or for fire-fighting purposes, the Bureau of Fire Prevention may require, at the discretion of the Fire Official, a key box or boxes to be purchased and installed by and at the expense of the owner or occupant of said building or structure and in accordance with this article.
For the purpose of this section, the following criteria shall be utilized by the Fire Official in determining whether a key box is required:
A. 
The need for forcible entry during hours in which the structure is unoccupied;
B. 
Whether the building is equipped with a sprinkler system and/or an automatic alarm system;
C. 
Whether there exist areas within the structure that may not be visible from the exterior of the structure;
D. 
The types of occupancy or hazards contained in the structure; and
E. 
Whether the structure contains multiple occupants.
The key box shall be of the type approved by the Bureau of Fire Prevention and the Fire Official and shall be uniform within the Borough of Kinnelon. It shall be mounted on the building or structure in an accessible location approved by the Fire Official. Key boxes meeting the requirements of this section may be ordered through the Bureau of Fire Prevention.
Access to key boxes shall be available only to Borough-authorized personnel and only by the master key. The master key shall be inaccessible until the dispatcher receives and verifies a request from authorized personnel and responds with a coded signal to a decoder permitting access to the master key.
The key box shall be maintained by the owner or occupant of the building or structure and shall contain updated keys necessary for access to all portions of the premises, as required by the Fire Official, and/or electronic entry cards, if needed, as well as keys to any separate MSDS storage cabinet, if required under § 123-35, below.
[Amended 7-20-2023 by Ord. No. 12-23]
Where an activity is being conducted on certain premises within the Borough that under New Jersey law requires the owner or occupant of said premises to maintain on the premises a book containing safety data sheets (SDS) (formerly known as "material safety data sheets" or "MSDS") information for first-responding, emergency personnel and or all employees, said owner or occupant will be required to install a SDS book cabinet. This cabinet will be installed in an accessible area approved by the Fire Official. It shall contain all updated information for, and be accessible to, all emergency personnel responding to any fire or hazardous materials incident.
[Amended 7-20-2023 by Ord. No. 12-23]
Whenever the contents of a key box or SDS storage cabinet must be updated, it shall be the responsibility of the owner or occupant of the building or structure to notify the Bureau of Fire Prevention. The Fire Official or their designee, within 24 hours of such notice, will meet with said owner or occupant in order to open the key box or SDS storage cabinet so it may be updated. If the Bureau of Fire Prevention is not notified of a change requiring an update of keys or SDS information, the Fire Official may assess a fine of $100 for each such occurrence. Such changes include, but are not limited to, change of occupant, sale of building or structure, change of security locks and system, added storage and new material being stored or processed on the premises.
All nonresidential buildings or structures in the Borough of Kinnelon, including all Borough-owned structures, shall comply with the provisions of this article no later than one year and one day from the effective date hereof.
Violators of the provisions of this article shall be assessed a fine by the Fire Official of $100 for each day or part thereof that the violation continues.
The Borough of Kinnelon and the Bureau of Fire Prevention, their agents and employees shall not be liable for damages resulting from any break, failure or defect of any key box installed in accordance with this article, or any accident or injury resulting therefrom.