[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2018 by Ord. No. 229-2018]
This article shall be known and may be cited as the West Donegal Township Key Lock Box Ordinance.
The following terms, phrases, words and their derivations shall have the following meanings, and, when not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and words of the masculine gender shall include the feminine. The word "shall" is always mandatory and not merely discretionary.
- BOARD OF SUPERVISORS
- The Board of Supervisors of the Township or its designee.
- BUILDING CODE OFFICIAL
- The person appointed as Building Code Official by the Board of Supervisors.
- FIRE DEPARTMENT
- The volunteer fire company providing first due response service to the property at which a key lock box will be installed, i.e., Rheems Fire Company or Elizabethtown Fire Department or Bainbridge Fire Company.
- KEY LOCK BOX
- A key lock box compatible with a Knox Rapid Entry System.
- A person retained by an owner to be responsible for a property.
- The person who holds record title to a property.
- Any individual, corporation, association, partnership, firm, trust, estate or legal entity whatsoever which is recognized by the law as the subject of rights and duties and the officers of such corporation and the members of such partnership or association.
- POLICE DEPARTMENT
- The Northwest Regional Lancaster County Police Department or any successor municipal or multi-municipal police department having jurisdiction within the corporate boundaries of the Township.
- The Township of West Donegal, Lancaster County, Pennsylvania.
The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Building Code Official:
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system. Other commercial or industrial structures that are secured in a manner that restricts access during an emergency may be voluntarily equipped with such a key lock box.
Multifamily residential structures that have restricted access through locked doors and have a common corridor for the access to the living units.
Governmental structures, including public school facilities.
Institutional structures, including nursing care facilities.
All newly constructed structures subject to this section shall have the key lock box installed and' operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have a key lock box installed and operational within one year of the effective date of this section.
The key lock box shall contain keys or passcodes to locked ports of entrance, whether on the interior or exterior of the structure, keys to locked mechanical equipment rooms, keys to locked electrical rooms, keys to elevator controls, and keys to any fenced or secured areas.
The key lock box shall be mounted on the structure entrance at a height of between four to six feet and within three feet of the direct access port or such other location as approved by the Building Code Official. Flush-mounted or surface-recessed key lock box installations will be permitted, provided that the key lock box is clearly marked. Once the key lock box is installed, the owner or manager shall contact the Building Code Official to arrange for the inspection of the key lock box and to install the access keys.
For those structures that shall have a key lock box and that are within a fenced area where the fence is locked, the owner or manager thereof shall also provide a key switch that opens the gate to the fence or a padlock that opens the gate to the fence, which shall be keyed the same as the lock box door.
Whenever the owner or manager of a structure required to have a key lock box shall change the keys required to be contained in the key lock box as set forth above, said owner or manager shall contact the Building Code Official, who shall oversee all changes to the contents of the key lock box.
The owner or manager of the structure required to have a key lock box shall provide a list of contact persons indicating name, home address, and home telephone number to the Code Official. The owner or manager of the structure shall immediately upon any change with respect to that list furnish the Building Code Official with the changed information.
The owner shall at all times be responsible for compliance with this article. If a manager is designated by the owner, the manager shall be jointly responsible for compliance with this article. The appointment of a manager shall not relieve the owner of responsibility for compliance.
On the installation of any keys, codes or switches required to be contained in the key lock box, the Building Code Official shall immediately advise the Chief of the Fire Department
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 Board of Supervisors. The Board of Supervisors shall render a decision on any request for waiver, which decision shall be final.
All members of the Police Department, the Building Code Official, and the Township Manager are hereby authorized and directed to enforce the provisions of this article.
For each violation of the provisions of this article, the owner and manager 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 including attorneys' fees as permitted by law. 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.