(A) In accordance with G.S. § 20-158.3, any legal entity having responsibility for a controlled access system on a road that is a public vehicular area, as defined in G.S. § 20-4.01(32), to include a road within a gated subdivision or community whether or not the road has been dedicated to the public, shall provide a means of immediate access to all emergency service vehicles, which shall include law enforcement, fire, rescue, ambulance and first responder vehicles. The intent of this section is to regulate the installation and construction of emergency access roads into developments and commercial properties which are restricted by gates to provide consistency in emergency response access for the health and safety of citizens who live or work on private roads restricted by gates.
(B) It shall be unlawful to obstruct ingress and egress to a public street by a gate.
(C) It shall be unlawful for any person to construct, install or maintain any blocking device, such as a gate or any other type of barrier, across any public vehicular area without providing emergency access routes in accordance with this section and obtaining a permit from the Fire Department.
(D) The location of any emergency access routes and gate(s) shall comply with the development requirements for the city.
(E) Emergency access routes shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet six inches.
(F) Gates across emergency access routes shall be electrical in operation. All electrical vehicular gates shall be provided with access control using a radio transceiver for public safety personnel and authorized users. This transceiver will allow emergency vehicles to open the gate from a mobile or portable radio. In order to provide for consistent access, the type of device must be approved by the City Fire Department.
(G) All electrical vehicular gates must be provided with a fail-open device to open it during power failures. During a power failure, the gates will open and remain open. These devices usually restore the gate(s) to the closed position after the power is restored. In the event a mechanical malfunction prevents a gate from opening as intended, sufficient access to any mechanism allowing a manual override must be provided.
(H) Gates need to be opened for appropriate personnel to enter the community during an emergency. A Knox dual key activating switch or padlock shall be installed to allow emergency personnel access through vehicular gates.
(I) An approved Knox dual key lock box shall be installed to allow emergency personnel access through all pedestrian gates.
(J) If the vehicular gate is a swing-type or roll-type gate, it should be designed so that, when the gate is fully opened, it does not obstruct the path of travel for vehicles or pedestrians.
(K) If there are two or more gates in any single development, all gates must be operated in the same fashion. The egress gate should be constructed so that, when the apparatus approaches the gate, it will automatically open. If this option is not feasible, then the gate must be activated by an approved radio transceiver device.
(L) Gate activation shall not be altered or placed out of service without prior notification to the Fire Department.
(M) In instances where a gate fails to operate in its intended operational capacity and such failure results in damage to the gate, or causes the responding emergency agency to alter normal entrance procedures, the responding agency, mutual aid departments and the city shall not be held liable for damages incurred.
(N) In order to receive a permit under this section, the applicant must submit a detailed plan, including, but not limited to, scaled drawings showing the location of the gates, turn radius, dimensions of the gates, pavement, sidewalks and curbs. Information such as topography lines, vegetation, sight triangles and the like will also need to be included with the submittal.
(O) All applicable permits for the construction of gates will be required to be obtained from the county.
(P) (1) The gate across emergency access routes, along with the exterior gates encompassing the development, shall be kept in working order and shall be repaired and/or replaced in the event they are disabled and/or damaged.
(2) The Fire Department shall be notified immediately when the gate is inoperable and after the repairs have been completed. It is not the responsibility of the city to maintain these gates. Gates shall be inspected by the City Fire Department annually to verify the gates are in operable condition in the event of an emergency.
(Q) Violators will be notified in writing by the city and will be required to remedy the problem immediately.
(R) Violation determinations appeals and requests for variance of the requirements of this section may be heard and a final determination made by the Board of Adjustments.
(Code 2019, § 7-12E) (Ord. passed 3-27-2017) Penalty, see § 93.99