[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Subsequent amendments are noted in the text
of this article.
[Amended 11-3-2020]
There is hereby adopted and incorporated herein by reference,
as if completely and specifically set forth in its entirety, for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, the edition accepted
by the State Fire Marshal of the following codes prepared by the National
Fire Protection Association, as adopted by the State of Maine: Life
Safety Code (NFPA 101) and the whole thereof save and except such
portions as are hereinafter deleted, modified or amended. One copy
of the most recent edition of the codes shall be filed in the office
of the Town Clerk for public use, examination and inspection.
The Kennebunkport Fire Chief shall be the Town official principally
responsible for the enforcement of the provisions of this article,
provided that this article may also be enforced by the Code Enforcement
Officer or any member of a fire department designated by the Fire
Chief. The authority having jurisdiction shall be the Fire Chief or
designees, and the Code Enforcement Officer of the Town acting as
a body.
This article shall be enforced in the manner provided in 30-A
M.R.S.A. § 4452, as amended, or its successor provisions.
The penalty for violating the provisions of this article shall be
a civil penalty of not less than $100 nor more than $2,500 for each
separate violation. Each day during which a violation of this article
continues shall constitute a separate violation.
[Adopted 6-13-2017]
This article shall be known as the "Town of Kennebunkport Key
Lock Box Ordinance (the 'Ordinance')."
This article is enacted in accordance with 30-A M.R.S.A. § 3001
et seq., as may be amended.
The Town of Kennebunkport determines that the health, safety
and welfare of residents and property owners of the Town are promoted
by a requirement that certain properties shall have a key lock box
installed on the exterior of the structure(s) or at the gated entrance
to aid the Kennebunkport Fire Department (KPFD) and Kennebunkport
Emergency Medical Services (KEMS) with gaining access to or within
a structure when responding to calls for emergency service, and to
aid access into or within a building that is secured or is unduly
difficult to gain entry to due to being either unoccupied or the occupants
being unable to respond.
As used in this article, the following terms shall have the
meanings indicated:
The person duly appointed as the Fire Chief of the Town of
Kennebunkport.
A secured box or vault of a size and style approved by the
Fire Chief or his/her designee, which contains key(s) for the exclusive
use of the KPFD and KEMS to access the property and premises in an
emergency.
A habitable space with floor to ceiling height of over seven
feet zero inches.
A.
New structures. The following structures built after October 1, 2017,
shall be equipped with a key lock box at or near the main entrance
or such other location as required by the Fire Chief or his/her designee:
B.
Existing structures. Additions or renovations greater than $20,000
to any structure that has an automatic fire alarm system or an automatic
suppression system existing as of October 1, 2017, shall be equipped
with a key lock box at or near the main entrance or such other location
as required by the Fire Chief or his/her designee.
A.
The approved manufacturer of the lock box system used in the Town
of Kennebunkport shall be by the Knox Company of Phoenix, Arizona,
brand name "Knoxbox®."
B.
The Fire Chief or his/her designee shall approve the location and
style of the key lock box at the time the building permit is issued.
All properties subject to this article shall have the key lock box
installed and operational prior to the issuance of an occupancy permit
or as soon as the property is monitored by a third-party company.
C.
The number of keys in the lock box cannot exceed the maximum number
recommended by the Knox Company. Each key shall be labeled.
D.
All properties with an electronic security gate shall have the lock
box installed outside of the gate with the gate access code and required
keys inside.
E.
The Fire Chief or his/her designee shall approve any changes in the
lock box installation.
F.
Purchase, installation and maintenance of any required lock box is
the sole responsibility of the property owner and/or occupant.
The owner or operator of the property shall immediately notify
the Fire Chief or his/her designee when any locks are added, changed
or rekeyed. Additional labeled keys, access cards or access codes
shall be added to the lock box immediately, if old keys, access cards
or access codes are no longer effective.
Any entity violating any of the provisions of this article or
failing or neglecting or refusing to obey any order or notice of the
Fire Chief or his/her designee issued hereunder shall be subject to
a penalty as provided herein.
Any person who is found to be in violation of any provision
of this article shall be subject to a civil penalty of not less than
$500 and not more than $2,500, or as otherwise provided by 30-A M.R.S.A.
§ 4452, as may be amended from time to time. Each violation
of a separate provision of this article, and each day of violation
shall constitute separate offenses. In addition, if the Town is the
prevailing party in an enforcement action, said person shall also
be liable for all reasonable expenses incurred by the Town in the
enforcement of this article, including, but not limited to, attorneys'
fees and costs. All civil penalties shall inure to the benefit of
the Town of Kennebunkport.
A.
Severability. The invalidity of any portion of this article shall
not invalidate any other part thereof.
B.
Amendments. This article may be amended from time to time in accordance
with the provisions of 30-A M.R.S.A. § 3002, as may be amended.
C.
Adoption. This article was submitted to the voters of the Town of
Kennebunkport and shall be effective upon its adoption by Town Meeting.
