The purpose of this article is to provide minimum standards
of physical security for business establishments and multifamily dwellings
within the jurisdictional boundaries of the City of Dover.
The provisions of this article shall apply to business establishments
and multifamily dwellings contained in new buildings or structures.
A building or structure that undergoes additions, alterations or repairs
within a one-year period that exceed 50% of the assessed value or
are more than $10,000, whichever is less, shall be required to meet
the requirements for new buildings or structures. In no case shall
a building permit be issued until the office of the Chief of Police
has indicated that proposed additions, alterations or repairs are
in compliance with this article.
As used in this article, the following terms mean:
Any access point within 18 feet of the ground or the roof
of an adjoining building or structure or within three feet of an access
point, fire escape or ledge in or protruding from the same or an adjacent
wall and leading to another building or structure.
Any opening in the exterior of a building or structure which
has a clear cross section of 96 inches or more and which has its smallest
dimension in excess of six inches, and includes but is not limited
to doors and windows.
To make a locking device effective in preventing unauthorized
entry through the door, window or other access point to which the
locking device is attached.
A business which uses or occupies any building or structure
for the purpose of display, selling or buying of goods, wares or merchandise.
A key or similar mechanical implement that is normally used
by authorized persons to activate or deactivate a locking device.
That portion of a building or structure that is accessible
to the public when the commercial establishment housed therein is
closed for business, and includes but is not limited to those portions
of individual commercial establishments which are housed in a common
building or structure and which are accessible to the public, e.g.,
as in a shopping center or mall.
A mechanical implement or combination of mechanical implements
attached to a door, window or other access point of a building or
structure and designed to prevent unauthorized entry of the building
or structure through that door, window or other access point when
the locking device is activated.
Any structure containing five or more units designed for
occupancy.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Listed by Underwriters' Laboratories.
All future business or commercial establishments located within
the boundaries of this jurisdiction shall, when unattended, be secured
in the manner provided by this article. An establishment is unattended
when not occupied by a watchman, maintenance personnel or other authorized
persons during the hours that the establishment is closed to the public.
The Police Department, under the supervision of the office of
the Chief of Police, shall administer and enforce the provisions of
this article.
A.
The enforcing authority shall cause the access points of all establishments
subject to the provisions of this article to be inspected as follows:
(1)
Old buildings and structures shall be inspected periodically.
(2)
Buildings and structures in the process of construction or buildings and structures subject to the requirements for new buildings or structures pursuant to § 45-2 of this article shall be periodically inspected during the process of construction, additions, alterations or repairs.
(3)
In addition to inspecting to determine if the mechanical requirements
of this article have been met, the enforcing authority shall inspect
to determine that the required mechanical devices have been properly
installed and are functioning properly.
B.
When an inspection reveals that the building or structure does not
meet the requirements of this article, the following procedure shall
be followed:
(1)
Written notice of the deficiencies discovered during the inspection
shall be given to the person responsible for compliance or his designated
representative. Such notice shall set forth the amount of time, not
greater than 30 days, within which such deficiencies are to be corrected.
(2)
Upon correcting such deficiencies, the person responsible for compliance
or his designated agent shall advise the enforcing authority, in writing,
that such deficiencies have been corrected.
(3)
The enforcing authority shall within 10 days of the receipt of notice
of correction again inspect the building or structure and either approve
or disapprove them. If the corrections are disapproved, these procedures
shall be repeated, except that no more than 15 days shall be allowed
for compliance.
C.
The enforcing authority or its designated agents have the right to
enter any building or structure subject to the provisions of this
article during reasonable business hours for the purpose of inspecting
the premises to ascertain the degree of compliance with the provisions
of this article. If, after oral notification and the presentation
of evidence of identity to the person responsible for compliance or
his designated agent, the right to enter the building or structure
is refused, the enforcing authority shall apply to a court of competent
jurisdiction for an administrative warrant.
Responsibility for compliance with the provisions of this article
shall be as follows:
A.
When the business or commercial establishment does not share the
use of access points with any other business, the person operating
the business of commercial establishment or his designated agent shall
be responsible for compliance.
B.
When more than one business or commercial establishment shares the
use of access points in the same building or structure, the owner
of the building or structure or his designated agent shall be responsible
for compliance.
A.
The provisions of this article are not intended to prevent the use
of other devices or methods of construction than those provided herein,
provided that such other devices or methods of construction provide
the same or a greater degree of security than the minimum requirements
of this article.
B.
When the person responsible for compliance desires to use such other
device or methods of construction, the burden of proving that the
requirements of this article have been met or surpassed shall be on
the person responsible for compliance.
No portion of this article shall supersede any local, state
or federal laws, regulations or codes dealing with life safety factors.
All exterior doors shall comply with the following requirements:
A.
Wood or metal doors with panels of rated, burglary-resistant glazing
material, wood doors of solid-core construction at least 1 3/8
inches thick and solid metal doors having at least equal strength
to a wood door of solid-core construction at least 1 3/8 inches
thick. Any of these doors having panels of burglary-resistant glazing
material adjacent to the door frame shall be secured as follows:
(1)
Single swinging doors shall be equipped with either a double-cylinder
dead-bolt lock that can be deactivated from either the inside or outside
only by a key or similar control device or with a single-cylinder
dead-bolt lock that cannot be deactivated from the inside and that
can be deactivated from the outside only by a key or similar control
device.
B.
Single swinging doors or pairs of doors constructed of tempered glass
that is not burglary resistant may be retained in old buildings or
structures. However, when such a door or doors are replaced for any
reason, then the replacement door or doors shall be constructed of
rated burglary-resistant glazing material. Such doors on all new buildings
or structures shall be constructed of rated burglary-resistant material.
C.
Garage doors.
(1)
Rolling, solid swinging, sliding or accordion garage-type doors,
whether closing vertically or horizontally, shall, when not controlled
or locked by electric power operation, be secured on the inside as
follows:
(a)
Hand-operated doors shall be equipped with slide or vertical
bolts at either the top or bottom of the door or both sides of the
bottom of the door, depending on whether the door opens vertically
or horizontally.
(b)
Chain-operated doors shall be equipped with a locking device
for securing the chain.
(c)
Crank-operated doors shall be equipped with a locking device
for securing the operating shaft.
D.
Metal accordion, grate or grille-type doors shall be equipped with
a metal glide track at the top and bottom and secured with either
a single-cylinder lock which can only be deactivated with a key or
similar control device or with a padlock. The door and frame shall
be so constructed and installed that the door cannot be lifted from
its tracks when the door is closed.
E.
Wood doors not of solid-core construction and wood doors of solid-core
construction but containing panels less than 1 3/8 inches thick
shall be covered on the inside with at least sixteen-gauge sheet steel
or with a rated, burglary-resistant glazing material attached with
one-inch No. 8 screws placed six inches apart on the perimeter of
the plate.
F.
Accessible sliding doors shall be secured as follows:
(1)
Single sliding doors shall have the movable section of the door and
sliding on the inside of the fixed section of the door and shall be
so constructed and installed that the movable section of the door
cannot be lifted from its track when the door is closed.
(2)
The movable section of single sliding doors shall be secured by vertical
bolts at the top and bottom in addition to the center latch. The bolts
shall engage to the extent necessary to prevent their being disengaged
by any possible movement of the doors within the clearances provided
when the door is closed and locking device is activated.
G.
The provisions of this subsection shall apply in addition to the
security requirements set forth in the preceding subsections of this
section.
(1)
Hinges or pivots on all doors opening outward shall be secured in
such a manner that the hinge or pivot cannot be removed when the door
is closed and its locking device is activated.
(2)
Where a locking device utilizes one or more cylinders, the cylinder
shall be constructed, attached or protected so that the cylinder cannot
be gripped by wrenching devices or deactivated by pulling or driving
devices.
(3)
All doorjambs shall be so constructed or protected as to prevent
violation of the function of the strike through such means as, but
not limited to, the spreading of the door frame.
(4)
The locking device shall be so constructed and installed that, when
the door is closed, it cannot be made inactive through the removal
of mounting screws or bolts.
(5)
The bolts of all locking devices shall have a sufficient throw when
the door is closed and the locking device is activated so that the
bolt will imbed itself in its receptacle a minimum of 1/2 inch.
(6)
Locking devices and parts of locking devices shall not be used if
they bear any numbers or letters which, to a trained person, would
reveal a combination from which a key or similar control device could
be fashioned or selected which could be used to deactivate the locking
device.
(7)
When a padlock-type locking device is used, it shall not be capable
of being deactivated through rapping or other similar shocking techniques
applied by a trained person. Padlock hasps shall be constructed and
installed so that they cannot be removed when the door is closed and
the padlock is activated. A padlock shall have a minimum of a two-inch
case and seven-sixteenths-inch shackle made of material that will
resist cutting with a bolt cutter of up to 15 inches in length.
All exterior windows meeting the definition of an access point
shall be secured as follows:
A.
Nonoperable windows shall be secured by:
(1)
Rated, burglary-resistant glazing material.
(2)
Steel bars of at least one-half-inch diameter spaced not more than
four inches apart, and having dividers of at least one-fourth-inch
flat steel bars spaced not more than 18 inches apart and securely
fastened on the inside of the window.
(3)
An iron or steel grille of at least one-eighth-inch diameter material
of not more than two-inch mesh and securely fastened on the inside
of the window.
B.
Operable windows.
(1)
Operable windows shall be secured as in Subsection A(1) above or as in Subsection A(2) or (3), except that, if the window opens inward, the bars may be placed on the outside of the window. When operable windows are secured in accordance with Subsection A(2) or (3) above, bars should be mounted on secure hinges and secured with a padlock meeting the specification of § 45-10G(7). These bars shall not be secured in place during normal business hours.
(2)
All operable windows shall be secured with a locking device capable
of remaining effective when a force of 300 pounds is applied to it
from any direction. Such a locking device shall be capable of being
deactivated only by a key or similar control device and only from
the interior of the building or structure.
C.
Accessible jalousie windows shall not be used on new buildings or
structures.
D.
Hinges or pivots on windows opening outward shall be so constructed
and installed that they cannot be removed when the window is closed.
A.
If the enforcing authority determines that the physical security
requirements set forth in this article will not adequately secure
the commercial establishment, it may require, in addition to such
physical security requirements, the installation and maintenance of
an Underwriters' Laboratories-approved burglar alarm system covering
all accessible access points or a combination of interior devices,
including but not limited to photoelectric, ultrasonic, microwave,
proximity and sound devices. The enforcing authority may require that
the system used by a local alarm or a direct connection with the Police
Department. In making a determination of the necessity for an alarm
system, the enforcing authority shall consider such factors as the
history of unlawful entries against the particular establishment and
the type of business and the nature and value of the inventory of
the particular establishment.
B.
The person responsible for compliance may request that the enforcing authority allow the commercial establishment to substitute an Underwriters' Laboratories-approved burglar alarm system or intrusion detection device for the physical security devices required by this article. The enforcing authority shall grant this request subject to the requirements set forth in § 45-8.
C.
Nothing contained in this article shall prevent a commercial establishment
from voluntarily installing and maintaining a burglar alarm system
or intrusion detection device, provided that the requirements of this
article are otherwise complied with.
B.
For the purpose of this article, any interior door located in a multiple-family dwelling which gives access from a public area, including but not limited to a hallway, foyer, lobby, etc., shall be considered an exterior door and shall be secured according to § 45-10 of this article. In addition, this type of door shall be equipped with an operational viewing device which provides a minimum 180° view of the area immediately adjacent to the door so that there is no requirement to open this door to identify persons seeking access.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person who violates any provision of this article shall
be guilty of a violation and, upon conviction, shall be subject to
a fine as provided in the City Fine Schedule. Each day that the violation
remains in effect shall constitute a separate violation.
The street number shall be attached to the building in such
a manner and in such a place as to be easily seen from the street.
Furthermore, such number shall be placed in such a location so that
it can be illuminated, if necessary, to ensure rapid location by police,
fire or other emergency personnel during hours of darkness. Buildings
located in rural-type locations, or located in such a manner that
the above requirement is inappropriate, shall be identified at the
intersection of the entryway to the building and the public right-of-way,
and the numbers shall be of sufficient size to be easily seen by the
operator of a vehicle approaching said entryway.
