[Adopted 5-17-2004 by Ord. No. 118 (Ch. 7, § 7-1001, of the Codified Ordinances)]
This article shall be known and may be cited as "Fire Key Boxes."
This article is adopted pursuant to the authority of Article 89 of the Amendments to the Constitution of the Commonwealth, the West Springfield Home Rule Charter, MGL c. 43B and any other relevant statutes.
The purpose of this article is to provide the ability for immediate access to certain commercial and industrial buildings by the Fire Department in the event of an emergency.
As used in this article, the following terms shall have the meanings indicated:
AUTOMATIC SPRINKLER SYSTEM
A system of automatic sprinklers in compliance with the provisions of the State Building Code and the provisions of 780 CMR 918.5.[1]
BUILDING
Any structure containing 7,500 or more of gross space square feet in floor area for commercial or industrial purposes.
FIRE ALARM SYSTEM
A fire protection signaling system that complies with the requirements of 780 CMR 917.0 through 917.4, inclusive.[2]
KEY BOX
A metal box, either surface mounted or recessed mounted, located on the exterior of the building accessible by the Fire Department and approved in writing by the Fire Chief.
OWNER
The person or entity listed in the office of the Board of Assessors as the record owner, or the actual owner if different, of the premises upon which the building is located.
SUBSTANTIALLY RENOVATED
Any alteration to a building the costs of which are estimated on the permit application filed with the Building Commissioner to be $25,000 or more.
VACANT OR UNUSED
Any building that has been unoccupied, as determined by the Building Commissioner, for a period of 60 days. Insignificant use during said period shall not be sufficient to overcome the determination by the Commissioner.
[1]
Editor's Note: See now the Ninth Edition of the Massachusetts State Building Code.
[2]
Editor's Note: See now the Ninth Edition of the Massachusetts State Building Code.
A. 
Installation requirements.
(1) 
The owner of a commercial or industrial building that contains either an automatic sprinkler system or a fire alarm system, for which a building permit is issued after the effective date of this article, shall install a key box in said building.
(2) 
The owner of a building that contains either an automatic sprinkler system or a fire alarm system and is substantially renovated after the effective date of this article shall install a key box on said building as part of said renovations.
(3) 
The owner of a vacant or unused building on or after the effective date of this article shall be required to install a key box on said building within 60 days of said date.
B. 
The owner shall provide the approved means of access to the key box to the Fire Chief or his designee.
C. 
The key box shall contain keys that provide access to all common areas of the building.
A. 
The criminal penalty for each violation of this article shall be $300.
B. 
A noncriminal enforcement procedure may be utilized pursuant to the provisions of MGL c. 40, § 21D and Chapter 1, Article II, of the Town Code as an alternative to criminal enforcement.
C. 
The fine for a noncriminal violation shall be $100 for each offense. Each day shall constitute a separate violation; provided, however, that no separate ticket need be given after the initial ticket for a continuous violation.
D. 
The enforcing authority shall be the Fire Department.
E. 
Any penalties imposed under this article that are not paid when due shall become a municipal charge and shall be recorded as such against the property in question pursuant to the provisions of Chapter 141, Fees and Charges, Article I, of the Town Code.
F. 
The owner may delegate, by written agreement or contract, the duty imposed by this article; however, the owner shall remain liable for any violations by such designee.
If any section, subsection, sentence, clause or phrase of this article is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.