§ 151.096  SECURITY DEVICES FOR PREVENTION OF BURGLARY.
   (A)   Security requirements: exemptions. Except as hereinafter specifically exempted, all existing and future buildings in the city used by any person for the purpose of conducting, managing, or carrying on any business shall, when not occupied by a watchman, maintenance personnel, or other authorized persons during the period that such building is closed to business, be so secured as to prevent unauthorized entry or exit in accordance with specifications for physical security of exterior accessible openings as provided in divisions (E) and (F) below; provided, that buildings used for Group “C”, “D”, “H”, “I”, or “J” occupancy as defined in the Michigan Building Code shall be exempt from the provisions of this section; and provided further, that the following buildings shall be exempt from the provisions of this section relating to exterior doors:
      (1)   Buildings used for Group “A” or “B” occupancy as defined in the Building Code; and
      (2)   Buildings required by the Building Code to have exit doors equipped with panic, hardware locks.
   (B)   Enforcement; right of entry. The Chief of Police is hereby authorized and directed to enforce the provisions of this section; and upon presentation of proper credentials, the Chief of Police or his or her duly authorized representative may, with the consent of the occupant or pursuant to a lawfully issued warrant, enter at any reasonable time, any building or premises used for business purposes, for the purpose of inspecting the physical security of exterior accessible openings of such building or premises.
   (C)   Responsibility for compliance. Responsibility for compliance with the specifications set forth in divisions (E) and (F) below shall be as follows:
      (1)   As to buildings occupied by a business establishment which does not share the exterior openings of such building with any other business establishment, the person operating such business shall be responsible;
      (2)   As to buildings occupied by two or more business establishments which share the use of exterior openings of such building, the owner of the building, or his or her agent having charge, care, or control of such building, shall be responsible for the security of all such shared openings; and
      (3)   The security of all other exterior openings shall be the responsibility of the operator of the business having the use of such exterior opening.
   (D)   Inspection; notice. The Chief of Police shall inspect or cause to be inspected the accessible exterior openings of every building subject to the provisions of this section; and if he or she shall find accessible exterior openings in any such building which do not comply with the specifications set forth in divisions (E) and (F) below, he or she shall give notice in writing to the person responsible, as designated in division (C) above, setting forth the deficiencies which are to be corrected and the reasonable period of time within which such corrections shall be completed. Failure to comply with such notice within the period of time specified shall be a violation of this section.
   (E)   Security measures: locking devices.
      (1)   Exterior openings of any building. All exterior openings of any building used for business purposes and subject to the provisions of this section and not otherwise protected by an intrusion detection system, approved by the Chief of Police, shall be secured as provided in this division (E); provided, that locking devices on exit doors in buildings used for Group “E”, “F”, and “G” occupancies as defined in the Michigan Building Code shall comply with the requirements of said Building Code.
      (2)   Front doors. For the purposes of this division (E), any door intended and suitable for business patron access from a street, public way, or parking area available to business patrons shall be deemed to be a front door. All front doors of any such building or premises shall comply with the following requirements:
         (a)   Solid wood or metal doors shall be secured as follows.
            1.   A single door shall be equipped with either double cylinder deadlock that unlocks from both the outside and inside by key, or with cylinder deadlock that unlocks from the outside by key and inside by turnpiece, handle, or knob.
            2.   On double doors, the active leaf shall be equipped with a type of lock as prescribed for single doors above and the inactive leaf shall be equipped with flush bolts at head and foot.
         (b)   Doors with glass or wood panels and doors that have glass or wood panels adjacent to the door frame shall be secured as follows.
            1.   A single door shall be equipped with cylinder deadlock that unlocks from both the outside and the inside by a key.
            2.   On double doors, the active leaf shall be equipped with cylinder deadlock that unlocks from both the outside and inside by a key and the inactive leaf shall be equipped with flush bolts at head and foot.
         (c)   Rolling overhead doors that are not controlled or locked by electric power operation shall be equipped on the inside with the following protective devices.
            1.   Manually-operated doors shall be provided with slide bolts on the bottom bar.
            2.   Chain-operated doors shall be provided with a cast iron keeper and pin for securing the hand chain.
            3.   Crank-operated doors shall be provided with a means for securing the operating shaft.
         (d)   A solid overhead, swinging, sliding, or accordion garage-type door shall be secured with cylinder deadlock, padlock, and/or metal slide bar, bolt, or crossbar on the inside when not otherwise controlled or locked by electric power operation. If padlock is used, it shall be of hardened steel shackle, with minimum four-pin tumbler operation. In the event that this type of door provides the only entrance to the front of the building, a cylinder lock or padlock may be used on the outside.
         (e)   Metal accordion grate or grill-type doors shall be equipped with metal guide track at top and bottom and a cylinder lock and/or padlock with hardened steel shackle and minimum four-pin tumbler operation.
         (f)   Outside hinges on all front doors shall be provided with nonremovable pins.
      (3)   Rear, side and basement doors. All accessible rear, side, and basement doors of any such building or premises shall comply with the requirements of this division (E)(3); provided, however, that accessibility, visibility, location, and lighting of such doors and whether or not such door faces or is located on a street shall be considered in determining classification of door.
         (a)   All doors. All doors of the types listed below shall comply with the requirements of division (E)(2) above for front doors:
            1.   Solid wood doors;
            2.   Metal doors;
            3.   Rolling overhead doors;
            4.   Solid overhead, swinging, sliding, or accordion garage-type doors; and
            5.   Metal accordion grate or grill-type doors.
         (b)   Doors with glass panels. Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows.
            1.   The glass panel shall be covered with iron bars of at least one-half inch round or one-inch by one-fourth inch flat steel material, spaced not more than five inches apart.
            2.   Iron or steel grills of at least one-eighth inch material of two-inch mesh.
            3.   If the door or glass panel barrier is on the outside, it shall be secured with rounded head flush bolt on the outside.
            4.   If the remaining portion of a door panel exceeds eight inches by 12 inches (excluding door frame) and is of wood, but not of solid core construction or is less than one and three-eighths inches thick, the portion shall be covered on the inside with at least 16 gauge sheet steel attached with screws.
         (c)   Wood doors. Wood doors, not of solid core construction, or with panels therein less than one and three-eighths inches thick, shall be covered on the inside with at least 16 gauge-sheet steel attached with screws.
         (d)   Locking devices.
            1.   A single door shall be equipped with either double cylinder deadlock that unlocks from both the outside and inside by key, with cylinder deadlock that unlocks from the outside by key and inside by turnpiece, handle, or knob, or, except on required exit doors, with approved slide bar bolt, crossbar, and/or padlock. If padlock is used, it shall be of hardened steel shackle, with minimum four-pin tumbler operation.
            2.   On double doors, the active leaf shall be equipped with a type of lock as prescribed for single doors above and the inactive leaf shall be equipped with flush bolts at head and foot.
            3.   Outside hinges on all rear, side, and basement doors shall be provided with nonremovable pins.
      (4)   Roof doors. All doors that exit onto the roof of any such building or premises shall comply with the following requirements.
            1.   Doors with glass panels and any glass panels that are adjacent to the door frame shall be protected as follows.
               a.   The glass portion shall be covered with iron or steel grills of at least one-eighth inch material of no more than two-inch mesh securely fastened.
               b.   If the door or glass panel barrier is on the outside, it shall be secured with rounded smooth head flush bolt on the outside.
               c.   If the remaining portion of a door panel exceeds eight inches by 12 inches (excluding door frame) and is of wood, but not of solid core construction, or is less that one and three-eighths inches thick, the portion shall be covered on the inside with at least 16 gauge sheet steel attached with screws.
            2.   Wood doors not of solid core construction, or with panels therein less than one and three-eighths inches thick, shall be covered on the inside with at least 16 gauge sheet steel attached with screws.
            3.   All roof doors shall be provided with locking devices in accordance with division (E)(3)(d) above.
            4.   Outside hinges on all roof doors shall be provided with nonremovable pins.
      (5)   Glass windows. The Chief of Police shall, with the advice and assistance of the Chief of the Fire Department or his or her duly authorized representative, determine the extent of protection, if any that will be required for accessible glass windows at the side or rear of such building. Glass windows shall be deemed accessible if less than 18 feet above ground. In making his or her determination, he or she shall consider whether the side of the building fronts on a street, the area, location, lighting, visibility, and contents thereof, and whether such openings are protected by intrusion detection devices.
         (a)   The Chief of Police except where prohibited by the Michigan Building Code may require side and rear glass windows with a pane exceeding 96 square inches in area, with its smallest dimension exceeding six inches, to be protected in the following manner:
            1.   Inside or outside iron bars of at least one-half inch round or one-inch by one-inch flat steel material, spaced not more than five inches apart securely fastened; or
            2.   Inside or outside iron or steel grills of at least one-eighth inch material of two-inch mesh securely fastened. If such barrier is on the outside, it shall be secured with rounded smooth head flush bolts on the outside.
         (b)   If the side or rear window is of the type that can be opened, it shall where applicable, be secured on the inside with either a slide bar, bolt, crossbar, and/or padlock with hardened steel shackle, and minimum four-pin tumbler operation.
         (c)   Outside hinges on all side and rear glass windows shall be provided with nonremovable pins.
      (6)   Accessible transoms. Unless transom is solid wood at least one and three-eighths inches thick or of solid metal, all exterior transoms exceeding eight inches by 12 inches on the side and rear of any such building or premises shall be protected by either of the following:
         (a)   Moveable transoms shall be secured on the inside with either a cylinder deadlock, padlock, metal slide bar, bolt, or crossbar. If padlock is used, it shall be of hardened steel shackle with minimum four-pin tumbler action;
         (b)   Iron bars of at least one-half inch round or one-inch by one-fourth inch flat steel material, spaced no more than five inches apart; or
         (c)   Iron or steel grills of at least one-eighth inch material but not more than two-inch mesh. If such barrier is installed on the exterior of the building, it shall be secured with rounded head flush bolts.
      (7)   Roof openings. All exterior openings on the roof of any such building or premises shall be protected as follows:
         (a)   Glass skylights shall be provided with:
            1.   Iron bars of at least one-half inch round or one-inch by one-fourth inch flat steel material under the skylight and securely fastened; or
            2.   A steel grill of at least one-eighth inch material of two-inch mesh under the skylight and securely fastened.
         (b)   Hatchway openings shall be secured as follows.
            1.   If the hatchway is of wooden material less than one and three-eighths inches solid wood, it shall be covered on the inside with at least 16 gauge sheet steel attached with screws.
            2.   The hatchway shall be secured from the inside with a slide bar, slide bolts, crossbar, or padlock.
            3.   Outside hinges on all hatchway openings shall be provided with nonremovable pins.
         (c)   1.   Exterior air duct or air vent openings exceeding eight inches by 12 inches shall be secured by covering the same with either of the following:
               a.   Iron bars of at least one-half inch round or one-inch by one-fourth inch flat steel material, spaced no more that five inches apart and securely fastened; or
               b.   A steel grill of at least one-eighth inch material of two-inch mesh and securely fastened.
            2.   If the barrier is on the outside, it shall be secured with rounded smooth head flush bolts on the outside.
   (F)   Security measures; intrusion detection systems.
      (1)   If it is determined by the Chief of Police that the security measures and locking devices prescribed in division (E) above do not adequately secure the building, he or she may, after reducing his or her findings and reasons therefor to writing, require the installation and maintenance of an adequate and reliable intrusion detection system. In making such determination, he or she shall consider whether:
         (a)   The business establishment has experienced a high incidence of burglary in the past; or
         (b)   The type of merchandise and its inventory value require added security protection.
      (2)   If he or she determines that such installation is required, notice in writing shall be given to the responsible person designated in division (C) above specifying the installation to be made, the reason or reasons for the determination that such installation is required, and the reasonable period of time within which such installation shall be completed. Unless an appeal is filed in accordance with division (G) below, failure to comply with such notice within the time specified shall be a violation of this section.
   (G)   Appeal from intrusion detection system requirements.
      (1)   Within ten days after the receipt of written notice from the Chief of Police requiring the installation and maintenance of an intrusion detection system, the person responsible for compliance therewith may appeal in writing to the Board of Building Appeals, in filing such notice of appeal, the appellant shall set forth the specific grounds wherein it is claimed there was an error or abuse of discretion by the Chief of Police or wherein the issuance of the written notice was not supported by proper evidence.
      (2)   Upon receipt of such appeal, the Board of Building Appeals shall set the matter for hearing and cause notice thereof to be given to the appellant and to the Chief of Police not less than five days prior to the date set for the hearing. At such hearing, the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be affirmed. The Board of Building Appeals may affirm, reverse, or modify the decision of the Chief of Police requiring the installation and maintenance of an intrusion detection system. If the decision is affirmed or modified by the Board of Building Appeals, the appellant shall be given written notice thereof by the Chief of Police setting forth the installation to be made and a reasonable period of time within which the same shall be completed. In no event shall the period be less than that originally granted appellant. Failure to comply with such notice within the time specified shall be a violation of this section.
(Prior Code, § 151.081)  (Ord. D-1045, passed 11-13-1972, effective 1-12-1973; Ord. D-1223, passed 5-9-1977, effective 5-19-1977)