[Added 5-18-2021 by L.L. No. 8-2021]
The Village of Briarcliff Manor has determined that the health, safety and welfare of its citizens are promoted by requiring certain structures to have a key lockbox installed on the exterior of the structure to aid the Briarcliff Manor emergency services, including the Fire Department, Ambulance Department, and/or Police Department, to enter the structure when responding to calls or alarms. The key lockbox system will eliminate forced entries into structures, thereby reducing costly and time-consuming efforts to access locked structures during an emergency. Many properties are equipped with automatic alarm systems and/or sprinkler/standpipe systems, and these automatic systems may cause the Briarcliff Manor emergency services to be summoned at a time when the building or business is not occupied or when entry cannot be easily provided. The Village of Briarcliff Manor is hereby establishing this article in furtherance of the health, safety and welfare of its citizens pursuant to its police power and its home rule authority.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Village of Briarcliff Manor Building Inspector, Assistant Building Inspector, their designees or Chiefs of the Briarcliff Manor Fire Department, or other authorized Village employees.
KEY LOCKBOX
A secure container, typically marked and mounted on a railing, post, fence, permanently mounted onto a wall or other flat surface, or otherwise affixed to an approved location, providing a secure, weatherproof location to store building entry keys and other keys that may be required for access in an emergency. The lockbox must be accessible via a master key held by, or a programmable digital security code known to, authorized Village of Briarcliff Manor Fire Chiefs and Code Enforcement Officers.
A. 
The following structures shall be equipped with a key lockbox at or near the main entrance or such other location as determined by a Code Enforcement Officer:
(1) 
Commercial or industrial structures.
(2) 
Multifamily residential structures consisting of three or more dwelling units that have restricted access through locked doors and have a common corridor for access to the living units.
(3) 
Nursing care facilities.
(4) 
Gated residential communities of multiple structures.
(5) 
Schools.
(6) 
Houses of worship.
(7) 
Any structure protected by an automatic alarm system or automatic suppression system, or any nonresidential structures that may be secured in a manner that restricts access during an emergency.
(8) 
Any other structure, other than a single-family home, that may be secured in a manner that may restrict access during an emergency.
B. 
The cost of purchasing and installing, along with any cost associated with implementation of the program at a specific property, shall be borne by the property owner.
C. 
When a property is protected through a locked gate that may hamper immediate access to the property for lifesaving and firefighting purposes, such gates shall have an approved means of emergency operation. Any padlock securing such gates shall accommodate a master key held by Fire Chiefs and Code Enforcement Officers, or secured within an approved lockbox, or access to the property may otherwise be provided by an alternate implementation approved by the Code Enforcement Officer.
D. 
When a construction site is to be secured by a locked fence or gate, that site will fall under Subsection C above during the duration of the construction or until said fence or gate is removed.
E. 
This article shall not apply to those structures where an on-site security force is present at all times (24 hours per day, seven days a week), provided members of that security force respond to all Fire Department responses with the correct means of accessing the affected structures.
F. 
All newly constructed structures subject to this article shall have the key lockbox installed and operational prior to the issuance of a certificate of occupancy by the Building Department. All structures in existence on the effective date of this article, subject to this article, shall have six months from the effective date of this article to have a key lockbox installed and operational.
G. 
The Code Enforcement Officer may designate the types of key lockbox systems to be implemented within the Village of Briarcliff Manor and shall have the authority to require all structures to use any of the designated systems.
H. 
The owner or operator of a structure required to have a key lockbox shall, at all times, keep the following in the lockbox:
(1) 
Labeled keys to locked access points of ingress and egress, whether interior or exterior of such buildings.
(2) 
Labeled keys to the locked mechanical rooms.
(3) 
Labeled keys to any fenced or secured areas on the property.
(4) 
Labeled keys to any other areas that may be required by the Code Enforcement Officer.
(5) 
A card containing a minimum of two emergency contact people and the phone number for each contact.
(6) 
Hazardous materials MSDS, as requested.
(7) 
Labeled keys to any locked elevator rooms and elevator controls.
I. 
Floor plans of the common areas within the building may also be required to be submitted to the Code Enforcement Officer.
J. 
The Code Enforcement Officer shall be authorized to implement rules and regulations for the use of the lockbox system.
When a building is protected by an automatic sprinkler system or standpipe system and the Fire Department connection is exposed to undue vandalism, the Code Enforcement Officer may require that Fire Department connection security caps be installed. The Fire Department connection security caps shall be a type approved by the Code Enforcement Officer. Existing sprinkler installations will require approved locking Fire Department connection caps to be installed when directed by the Code Enforcement Officer.
A. 
A Code Enforcement Officer shall enforce the provisions of this article and of all rules, conditions and requirements adopted or specified hereunder.
B. 
A Code Enforcement Officer shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of his duties under this article.
C. 
Violation of any provision or requirement of this article shall constitute a violation pursuant to the penal law.
D. 
The owner and/or the occupant of any building, premises, structure or part thereof where such a violation has been committed or does exist shall be guilty of an offense.
E. 
Any agent, contractor, architect, builder, corporation or any other person who commits, abets, or assists in the commission of such violation shall also be guilty of such an offense.
F. 
Any person violating any of the provisions of this article shall be subject to a minimum fine of $250 and a maximum fine of $1,000 per offense. Every violation of any provision of this article shall be a separate and distinct offense, and in the case of a continuing violation, each day of continuing violation thereof shall be deemed to be a separate and distinct offense.
Any person, owner, occupant and/or agent aggrieved by a notice of violation hereunder may appeal to a court of competent jurisdiction within 30 days of issuance of such notice of violation.