(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APARTMENT BUILDING. A multi-unit structure containing three or more apartments as defined in Chapter 163 of this code of ordinances.
COMMERCIAL BUILDING. A structure used for commercial purposes that has a dial out fire alarm system.
MULTI-FAMILY BUILDING. A multi-unit structure that contains condominiums, townhouses, duplexes, triplexes or quadplexes that have a common enclosed entrance to the units.
(B) Ground rule. An apartment building, commercial building or multi-family building that does not have outside access doors for each unit must have installed a locked key box in an accessible location on the exterior of the building or inside an unlocked entryway. The locked key box must:
(1) Be of a type approved by the Fire Chief;
(2) Contain a key to each unit in the building; and
(3) Be uniformly keyed for prompt access by firefighting personnel.
(C) Exceptions. Notwithstanding the foregoing, a locked key box shall not be required for commercial buildings that are occupied 24 hours a day, seven days a week and have an assigned key holder that has access to all areas of the building. A locked key box shall also not be required for commercial buildings that contain businesses, firms or other entities that are legally required to maintain customer, client, trade or patient confidentiality or that can show that there is some other substantial security risk that would be caused by having a locked key box.
(D) Exemptions.
(1) Any commercial property owner not otherwise exempt from the provisions of this section, may opt out of the locked key box program if the owner furnishes the Fire Chief with a letter of understanding stating that:
(a) The Fire Department is not authorized to obtain access to the premises during an emergency by way of a locked key box and the owner is aware that damage to the premises resulting from a forced emergency entry may occur;
(b) The city will not be responsible for providing security for the premises in the event a forced entry occurs and the owner does not respond within one hour of being notified of the entry; and
(c) In the event it is a false alarm, the owner agrees to pay the applicable false alarm charges to the city.
(2) Additionally, the owner must execute and deliver to the Fire Chief an agreement, in form and substance required by the City Attorney, indemnifying and holding the city harmless from any claim resulting from a forced entry or as a result of the city’s delayed access to the premises.
(Prior Code, § 905.27) (Ord. 2007-11, passed 11-21-2007)