[Adopted 6-8-2020 by Ord. No. 199]
This article shall be known as and may be cited as the "Baroda
Village Ordinance to Require Rapid-Access System in Commercial Buildings."
This article is established pursuant to the General Law Village Act, as amended by P.A. 1998, No. 255 and Chapter 14, Fire Prevention and Protection, for The Village of Baroda pursuant to PA 3 of 1895 as amended, MCL 67.1(m) et seq.; Act 8 of 1967 (Ex. Sess.); and MCL 124.531 et seq.
As used in this article, the following terms shall have the
meanings indicated:
A secure rapid-access entry system that is designed to be
used by emergency personnel in the event of an emergency to gain entry
into a structure by using the enclosed owner provided key(s). This
box is usually mounted on the exterior on the building in a location
that is specified by the Fire Chief. All boxes shall be UL (Underwriters
Laboratories) certified and approved by the Fire Chief.
All new commercial buildings shall have installed a rapid-access
system ("Knox-Box®"), of an Underwriters
Laboratories (UL) type and size approved by the Fire Chief, in a location
specified by the Fire Chief, prior to the issuance of the permit of
occupancy.
All commercial buildings equipped with an automatic fire detection
and/or suppression system shall have installed a rapid-access system
("Knox-Box®"), of a UL type and size
approved by the Fire Chief, in a location specified by the Fire Chief.
All multifamily residential structures that have restricted
access through locked doors and have a common corridor for access
to the living units shall have installed a rapid-access system ("Knox-Box®"), of a UL type and size approved by the Fire
Chief, in a location specified by the Fire Chief, within six months
of the effective date of this article.
All commercial buildings undertaking additions, alterations,
or repairs in an amount equal to/or greater than $20,000, shall have
installed a rapid-access system ("Knox-Box®"), of a UL type and size approved by the Fire Chief, in a location
specified by the Fire Chief prior to the issuance of the final inspection
approval or permit of occupancy.
All rapid-access systems ("Knox-Boxes®") shall contain labeled keys, easily identified in the field to
provide access into the property and/or building, and to any locked
areas within said building as the Fire Chief may direct.
(a)
Any person who disobeys, neglects or refuses to comply with any provision
of this article or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this article.
A violation of this article is deemed to be a nuisance per se.
(b)
A violation of this article is a municipal civil infraction, for
which the fines shall not be less than $100 nor more than $500, in
the discretion of the court. The foregoing sanctions shall be in addition
to the rights of the Village to proceed at law or equity with other
appropriate and proper remedies. Additionally, the violator shall
pay costs which may include all expenses, direct and indirect, which
the Village incurs in connection with the municipal civil infraction
pursuant to MCL 600.8727.
(c)
Each day during which any violation continues shall be deemed a separate
offense.
(d)
In addition, the Village may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
(e)
This article shall be administered and enforced by the Ordinance
Enforcement Officer of the Village or by such other person(s) as designated
by the Village Council from time to time.
The provisions of this article are hereby declared to be severable.
If any clause, sentence, word, section or provision is hereafter declared
void or unenforceable for any reason by a court of competent jurisdiction,
it shall not affect the remainder of such ordinance which shall continue
in full force and effect.
All ordinance or parts of ordinances in conflict herewith are
hereby repealed.
This article shall take effect the 21st day after publication.
This article or a summary shall be published as required by
law in the Berrien County Record, a newspaper of general circulation
in the Village, within 15 days after its adoption, and shall be recorded
in the Ordinance Book of the Village and such recording authenticated
by the signatures of the Village President and Village Clerk.
