[Adopted 3-3-2003 by Ord. No. 7-03 (Ch. 10, Part 3, of the 1992 Code of Ordinances)]
This article shall be known and may be cited as the "Mount Joy Borough Emergency Access Ordinance."
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated as follows:
BOROUGH
The Borough of Mount Joy, Lancaster County, Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough.
FIRE CHIEF
The Chief of the Fire Department.
FIRE DEPARTMENT
Fire Department Mount Joy.
KEY BOX
A container located on the outside of a building or structure which can be accessed by Borough police and the Fire Department and which is large enough to contain keys or access codes to allow entry into the structure to which it is attached.
A. 
The owner of any of the following types of structures and the owner and operator of a structure containing any of the following uses shall install and shall permanently maintain a key box meeting all requirements of this article:
(1) 
Any new or existing building containing a nonresidential use with an automatic fire detection and reporting system and/or automatic fire suppression system (i.e., sprinkler system).
(2) 
Any new or existing building containing a nonresidential use with a burglar, panic or holdup alarm system.
(3) 
Any structure containing a commercial or industrial use.
(4) 
Any structure containing a nursing home or assisted living facility.
(5) 
Any public or private school building.
(6) 
Any house of worship or other church building.
(7) 
Any structure containing six or more dwelling units.
B. 
The owner of every structure meeting the requirements of this § 136-30 and the owner and operator of any use meeting the requirements of this § 136-30 existing on the effective date of this article shall install a key box meeting all requirements of this article within six months.
All key boxes this article requires shall be for the use of the Police Department and Fire Department only. The key box shall meet all of the following requirements:
A. 
The key box design and size shall be approved by the Borough.
B. 
The key box shall be installed in a workmanlike manner and shall be permanently maintained.
C. 
The key box shall be installed adjacent to the main entrance. It shall be clearly visible and mounted not more than six feet above ground. If factors suggest that an alternate location is appropriate, the Fire Chief or his designee shall specify the location where the key box shall be installed.
A. 
The key box shall contain all of the following:
(1) 
Two sets of keys to open doors at the main entrance.
(2) 
Two sets of keys to open the doors to each individual tenant space or dwelling unit.
(3) 
Two sets of keys to each room containing control valves for automatic fire suppression systems.
(4) 
Two sets of keys to each room containing fire detection and/or reporting systems for burglar, panic, holdup or medical alarm system control panels.
(5) 
Two sets of keys to each room containing elevator operating equipment control panels.
(6) 
Two sets of keys to each room containing hazardous materials.
(7) 
Two sets of keys to each room containing main electrical panels.
(8) 
Two sets of keys for any other room or area which the Fire Chief or Police Chief determines immediate access is necessary.
(9) 
If the structure utilizes electronic door locks, two copies of the appropriate digital code to provide access to the spaces identified in Subsection A(1) through (8) above.
B. 
All keys or digital codes shall be clearly identified as to what door, room, area or lock they serve.
The owner of any structures and the owner and operator of any uses which this article requires to install a key box shall permanently maintain the key box as long as the structure and/or use meets the criteria set forth in this article. Such maintenance shall include, but not be limited to, replacement of the contents of the key box any time locks are changed or rekeyed or digital access codes are revised.
The owner of a property may request a waiver from the requirements of this article in writing. The owner shall specify all grounds for the request of the waiver and shall present the request to the Public Safety Committee of Council. The Public Safety Committee shall make a recommendation on the waiver request to Council. The Borough Council shall render a decision on any request for waiver, which decision shall be final.
All members of the Police Department and the Borough Manager are hereby authorized and directed to enforce the provisions of this article.
For each violation of the provisions of this article, the owner of a structure who fails to install or maintain a key box as required by this article or who otherwise commits, takes part in or assists in any violation of any provision of this article shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $100 nor more than $1,000 for each offense, together with the cost of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article. Each section of this article which is violated shall be considered a separate violation.