[Ord. of 1-8-2007; Ord. of 6-14-2010]
(a) 
The following structures equipped with or required to be equipped with fire detection or fire suppression systems or equipment shall have a lock box installed at or near the main entrance or such other location as required by the Fire Marshal or his designee:
(1) 
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency.
(2) 
Governmental structures, schools and nursing care facilities.
(3) 
Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to living units.
(4) 
Single-family homes larger than 5,000 square feet when the premises are protected by an automatic alarm system or automatic suppression system or such structure is secured in a manner that restricts access during an emergency. Single-family residential dwellings of 5,000 square feet or less having an independent means of ingress and egress shall, however, be exempt from this requirement.
(5) 
Any business or residence premises from which emanated two false alarms within a consecutive twelve-month period.
(b) 
Businesses, firms or other entities that are legally required to maintain customer, client, trade or patient confidentiality shall be exempt from this requirement. Businesses, firms or other entities that provide sensitive personal services or that routinely store or handle potentially hazardous or expensive, rare or unique materials may, in the discretion of the Fire Marshal, be exempted from this requirement.
(c) 
Any property owner not otherwise exempt may opt out of the lock box program if such owner or owner's authorized insurance agent furnishes the Fire Marshal with a letter of understanding from the insurer of the subject premises directed to the Town of New Milford and all New Milford Fire Departments and ambulance personnel and acknowledging its understanding that the New Milford Fire Departments and ambulance personnel are not authorized to obtain access to the premises during an emergency by way of a lock box key and that damage resulting from forced emergency entry may occur. Additionally all owners of such premises shall execute and deliver to the Fire Marshal an agreement, in the form and substance required by the Fire Marshal, holding the Town of New Milford and New Milford Fire Departments and ambulance personnel free, harmless and indemnified from any claim for forced emergency entry damage or delayed access.
(d) 
Any owner of single-family, residential property in which the owner resides that is not otherwise exempt may opt out of the lock box program by furnishing a writing to the Fire Marshal signed by each record owner of such property notifying the Fire Marshal that such owner elects not to participate in the program.
(e) 
Owners of properties subject to this ordinance shall be sent notification of the lock box program requirements and the exemption and opt-out conditions within 60 days after the effective date of this ordinance and at least 90 days before the date of the commencement of the program. Such notice shall be sent by regular mail to the name and address of record in the Assessor's office by the Fire Marshal.
[Ord. of 1-8-2007; Ord. of 6-14-2010]
(a) 
The Fire Marshal or his designee shall approve in writing the type of lock box.
(b) 
The Fire Marshal or his designee shall approve the installation location of the lock box.
(c) 
The lock box shall be installed in a manner approved by the Fire Official/Administrator.
(d) 
The Fire Marshal or his designee shall require a lock box tamper switch connected to the building's fire alarm system.
(e) 
The owner of a structure required to have a lock box may, at all times, keep one or more keys in the lock box necessary to gain access to the structure, as required by the Fire Marshal or his designee.
(f) 
The owner of a structure required to have a lock box shall, at all times, keep in the lock box a list of hazardous materials present on site in significant quantities and identify the storage location of such hazardous materials.
[Ord. of 1-8-2007]
In the event the key to the structure is changed or rekeyed, the owner/operator of the building shall immediately notify the Fire Marshal/designee and provide the updated access key. The key to the lock shall be secured in the key box.
[Ord. of 1-8-2007]
(a) 
The owner(s) of a structure subject to this ordinance, in existence on the effective date of this ordinance, shall have one year from its effective date to comply with this ordinance.
(b) 
The owner(s) of each newly constructed structure subject to this ordinance shall have a lock box installed and operational in accordance with this ordinance prior to issuance of a certificate of occupancy.
[Ord. of 1-8-2007; Ord. of 6-14-2010]
(a) 
Any building owner or operator violating any provision of this lock box ordinance shall be subject to a fine of $100 for every violation of this ordinance.
(b) 
The existence of a violation for a period of up to 30 continuous days shall constitute a single violation.
(c) 
The Administrator designated under § 2A-23 shall notify the responsible party of any violation, by mail. Within 30 days of the mailing of such notice, the owner/operator may correct the violation or show why the structure was not subject to this ordinance.
(d) 
The Administrator shall consider such information, reaffirm or rescind the lock box fine and notify the owner of its decision by mail. Within 30 days after the mailing of such notice, the owner/operator may file and appeal with the Alarm Appeal Board an appeal, in writing.