ORD 610-2009 SECURITY BOXES
BOROUGH OF AVALON
CAPE MAY COUNTY
ORDINANCE NO. 610-2009
AN ORDINANCE AMENDING CHAPTER 16 (PROPERTY MAINTENANCE; UNFIT BUILDINGS AND STRUCTURES) OF THE CODE OF REVISED
GENERAL ORDINANCES, 2000 RE: TO REQUIRE SECURITY BOXES IN CERTAIN BUSINESS, MERCANTILE, INDUSTRIAL OR OTHER COMMERCIAL USE STRUCTURES AND IN CERTAIN MULTIPLE FAMILY BUILDINGS
WHEREAS, the Borough Council of the Borough of Avalon has determined to amend Chapter 16 (Property Maintenance; Unfit Buildings and Structures) of the ordinances of the Borough of Avalon to require certain business, mercantile, industrial or other commercial use buildings and multi-unit residential buildings containing three or more units having one or more interior common area which locks to prevent public entry to be equipped with a security box as defined herein.
BE IT ORDAINED by the Borough Council, in the Borough of Avalon, County of Cape May and State of New Jersey, as follows:
SECTION 1: Chapter 16 (Property Maintenance; Unfit Buildings and Structures) be and hereby is amended to add a new section 16:8, entitled “Security Boxes in Commercial, Mercantile, Business and Multiple Family Buildings”, which shall provide as follows:
16:8 Security Boxes in Commercial, Mercantile, Business and Multiple Family Buildings
Security Box A security box shall be as defined in 16:6-1.
16:8-2 Compliance with Chapter
*All buildings which contain one or more business, mercantile, industrial or other commercial use, and all residential buildings containing three or more residential units and having one or more interior common area which locks to prevent public entry shall comply with this Chapter.
*Exceptions: Banks and Savings and Loans, buildings and uses that have on-site 24 hour security staffing
16:8-3 Security Box Required
Every building which has one or more use(s) as listed in 16:8-2 shall be equipped with a security box as defined in 16:6-1. Buildings in existence on the effective date of this Ordinance shall comply within the time periods set forth in this chapter.
The provisions of section 16:8-3 shall not apply to any commercial bank, savings bank, savings and loans or other banking institution licensed or regulated by the United States of America or any of its agencies or by the New Jersey Department of Banking and Insurance.
16:4 Access Maintenance
All owners and/or occupants of any of the buildings or uses included in this Ordinance shall ensure that the keys or lock access codes within the security box are correct to allow entry through any and all locked doors on the premises. Any changes in key or lock access shall be placed into the security box within five (5) business days of such change.
16:5 Multiple Uses in Single Security Box
It shall be permissible for buildings with multiple businesses or uses under this Ordinance to share a common security box, as long as the following conditions are met:
1. The location of the common security box is centrally located and approved by the Construction Official and the Chief of Police
2. The keys or lock access codes are clearly marked and separated in a logical manner
3. All owners and occupants sharing the security box are permitted to order replacement keys or lock access security codes be installed in the box at any time
16:8-6 Time Allowed for Security Box Installation
Any building or use(s) required to be in compliance with 16:8-2 that are first occupied on or after the effective date of this subchapter 16:8 shall have the security box installed and all keys and/or lock access codes installed at the time of first occupancy. Any business, industrial, mercantile or other commercial unit that changes occupancy and locks or lock access codes shall ensure that all new keys are installed in the security box before opening for business. Any existing building or use(s) required to be in compliance with 16:8-2 shall have one hundred twenty (120) days from the effective date of this subchapter 16:8 to install the security box and satisfy the other requirements of this subchapter 16:8.
SECTION 2: REPEALER: All Ordinances or parts of Ordinances which are in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency or conflict only.
SECTION 3: SEVERABILITY: If any section, paragraph, subdivision, subsection, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, subsection, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.[/fusion_toggle]
Knox Box® FAQ
Q. Who is required to install a Knox Box®?
A. Owners of all businesses and multiple family dwellings (buildings containing more than two dwelling units), who do not already have a Knox Box® installed, are required to install and maintain one. Banks and financial institutions are exempt from the requirement.
Q. Why is a key box system necessary?
A. N. J. A. C. 5:70-3,506.1 states: “Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location…” The Borough of Avalon is unique in that most businesses and residences are largely seasonally occupied. Residences and businesses are primarily occupied during the summer months with occupancy greatly diminished in the winter. In the interest of property preservation during emergencies, and the safety of the first responders, Avalon has enacted this ordinance, in accordance with state statute, to greatly reduce the need to force entry through locked doors and windows.
Q. Why must the key box be a Knox Box® brand key box instead of another brand?
A. The Borough of Avalon has specified that all emergency access key boxes installed be Knox Box® brand key boxes. The Borough of Avalon emergency response community feels that the Knox Box® brand emergency access key box program, by offering exemplary security features and one-key universal access, is the most fail-safe and secure program available.
Q. I already have a key box system on my property. Why can’t I simply supply the Borough with my access code instead of purchasing a Knox Box®?
A. While your current key box system may seem secure and convenient, there is no way for the Borough to ensure that no one may tamper with the keys and/or documents within. Knox Box® offers complete security since only the Avalon Police Department is able to access the key box.
Q. Where can I obtain my Knox Box® key box(es)?
A. Knox Box® key boxes can be ordered online at http://www.knoxbox.com/store/ . Browse the Knox Box® key boxes that are available and choose the box that best fits your needs. Click on the “Online Purchase” link; enter the zip code for Avalon (08202) and click continue. Click on the radio button in front of “Avalon Borough Const Dept – 3100 Dune Drive – Avalon, NJ 08202,” and click continue. It is important to make sure that you click on Avalon in this step, because each municipality has a unique Knox Box® key. If you prefer to submit your order on paper via U. S. Postal Service, paper order blanks are available in the Construction Office at Borough Hall (3100 Dune Drive) during regular business hours.
Q. Who is responsible for installing the Knox Box®?
A. Building and unit owners are responsible for installing their Knox Box® key boxes. Simple installation instructions are included with the Knox Box® when it is shipped to you. When installation of the Knox Box® is finished and you have collected all keys for placement, simply call the Avalon Police Department at (609) 967-3411 and request that an officer come and lock the Knox Box®.
Q. I already have a Knox Box® on my building. Do I have to install another one?
A. No, so long as the box on the property is capable of holding all of the keys for all locked areas on the premises, your existing Knox Box® need not be changed. You may call the Avalon Police Department at (609) 967-3411 to come and unlock your existing box so you may check that the keys in your Knox Box® are current and the set is complete.
Q. There are several separate businesses and/or dwelling units in my building, do each of these need their own Knox Box®?
A. No, as long as all of the keys for all locked areas on the premises are in the Knox Box®, you may have a single key box. Please discuss where to locate a shared Knox Box® with the Avalon Police Department and/or the Avalon Construction Office. (Avalon Police Department phone (609) 937-3411; Avalon Construction Office phone (609) 967-4220).
Q. I rent out my apartment or business use. Do I still bear responsibility for ensuring that the keys in the Knox Box® are correct while my property is rented?
A. Responsibility for compliance with any property code requirement always falls to both owner and occupant. This requirement is no different. It may be prudent to include language in your lease documents requiring your tenants to provide keys to the rented spaces if they plan to change the locks on the premises.
Q. My tenants wish to change the locks during the period of their lease. How should this be handled?
A. Tenants should label their keys with a tag that states, “Temporary key(s) for rented period only,” before calling the police department and having them placed into the Knox Box®. Only building or unit owners may permanently change the keys in the Knox Box®.
Q. I have an owner’s closet in my business or residential unit that is not accessible by my tenants. Do I have to provide keys for that in the Knox Box®?
A. Yes. Keys to all locked portions of the premises are required to be kept in the Knox Box®. Remember, your tenants do not have access to the owners’ keys in the Knox Box®.
Q. If I come to Avalon and forget my keys or my keys don’t work, may I contact the Avalon Police Department to open the Knox Box® for me so that I may gain access to my property?
A. No, the Knox Box® key box system is designed for emergency services access only and should only be opened in case of a police, fire or life safety emergency and when new keys are being installed.
Q. I own a single or two family home that has an alarm system. I currently have a Knox Box® on my building. Do I have to continue to maintain the Knox Box® with the passage of this new ordinance?
A. Yes, there has been no change in the ordinance that requires a Knox Box® key box be maintained for all buildings that have alarm systems that report to central station. The new Knox Box® ordinance is in addition to previous requirements.
Q. How long do I have to get my Knox Box® and have it installed?
A. According to Ordinance 610-2009, which was passed on March 11, 2009, you will have until August 4, 2009 to complete installation of the Knox Box® security key box.
Q. I have a question that has not been answered here. Where may I go for assistance?
A. Please call Fire Chief Ed Dean at (609) 967-5913, contact the Construction Office at (609) 967-4220, or stop into the Construction Office located in Borough Hall at 3100 Dune Drive during regular business hours.