1387.12 BURGLARY PREVENTION REGULATIONS.

   (a)    Definitions. For purposes of this section, certain words and phrases shall have the following meanings:

      (1)    "Activate" means 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.

      (2)    "Access point" means any opening in the exterior of a building or structure including skylights and vents which has a glass or open area of ninety-six square inches (619 square centimeters) or more, and which has its smallest dimension in excess of six inches (15.24 centimeters).

      (3)    "Accessible" means any access point within either eighteen feet (5.49 meters) of the ground or of the roof of an adjoining building or structure; or within fourteen feet (4.27 meters) of the same when the facade faces directly on a public street; or within three feet (0.91 meters) of an access point, fire escape, or ledge in or projecting from the same or an adjacent wall and leading to another building or structure.

A roof is any surface of a building or structure which provides a horizontal supporting surface of six feet (1.83 meters) or more in width.

      (4)    "Approved as applied to a given material", "mode of construction", "piece of equipment", or "device" means meeting the requirements of this section.

      (5)    "Control device" means a key or similar mechanical implement that is normally used by authorized persons to activate or deactivate a locking device.

       (6)    "Exterior" means that portion of a building or structure which is accessible to the public.

      (7)    "Locking device" means 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 persons from entering the building or structure through that door, window or other access point when the locking device is activated.

   (b)    Security Requirements; Applicability. All existing and future buildings used as multiple dwelling structures shall at all times be so secured as to prevent unauthorized entry and to provide the maximum possible security to the permanent transient occupants, in accordance with the specifications provided in this section.

   (c)    Responsibility for Enforcement. The Building Commissioner is authorized and directed to administer and enforce the provisions of this section, except where otherwise provided.

   (d)    Responsibility for Compliance. Responsibility for compliance with the provisions of this section shall be as follows:

      (1)    The Building Commissioner or his assistant shall make inspections as follows:

         A.    All buildings and structures shall be inspected at least once a year;

         B.    Buildings and structures in the process of construction shall be periodically inspected during the process of construction, additions, alterations, or repairs and shall be inspected at least once a year thereafter;

         C.    Inspections shall be made to determine whether the required mechanical devices have been properly installed and are properly functioning.

      (2)    When an inspection reveals that the building or structure does not meet the requirements of this section the following procedure shall be followed:

         A.    Written notice of the deficiencies discovered during the inspection shall be given the person responsible for compliance or his designated agent.

         B.    Such notice shall set forth the amount of time within which such deficiencies are to be corrected.

         C.    Upon correcting such deficiencies, the person responsible for compliance or his designated agent shall notify the Building Commissioner that the deficiencies have been corrected.

         D.    The Building Commissioner shall upon receipt of notice of correction again inspect the building or structure, and either approve the corrections or disapprove them. The Building Commissioner may grant an extension of time to correct deficiencies if the owner or his designated agent has made a good faith attempt to correct the deficiencies.

      (3)    The Building Commissioner or his assistant shall have the right to enter any building or structure subject to the provisions of this section during business hours, for the purpose of inspecting the premises to ascertain the degree of compliance with the provisions of this section. If, after oral notification and the presentation of evidence of identity and authority to the person responsible for compliance or his designated agent, the right to enter the building or structure is refused, the enforcing authority shall have the right to apply to a court of competent jurisdiction for an appropriate order.

   (e)    Alternate Security Requirements. The provisions of this section are not intended to prevent the use of other devices or methods of construction than those provided herein, provided such other devices or mode of construction provide the same or greater degree of security than the minimum requirements of this section.

   The Building Commission may require the person responsible for compliance to submit the device or mode of construction to tests to determine if it meets or surpasses the requirements of this section. Such tests shall not be at the City's expense.

   (f)    Life Safety Factors. No portion of this section shall supersede any local, State or Federal laws, regulations or codes dealing with life safety factors, with particular reference to City and State Fire Prevention Codes.

   (g)    Control of Public Entry. Within ninety days of the effective date of this legislation all newly constructed and existing buildings used for apartment rental shall install all necessary equipment to prevent entry from the outside of the building by unauthorized individuals, guests or delivery persons to any common area without a duly issued key or admission by a tenant of the building through an electrical unlocking device, intercommunication system, or other method approved by the Building Commissioner.

   (h)    No Liability. The purpose of this section is to regulate for the benefit of the public at large, and neither the City nor any City officer or employee shall be liable to any person for any omission or alleged omission under this section.

(Ord. 85-49. Passed 4-2-85.)