HomeMy WebLinkAbout1972-1388 ORDINANCE NO. /3eY
AN ORDINANCE relating to building requirements; requiring and specify-
ing security devices in certain buildings; providing for
enforcement and prescribing penalties for violations;
and adding Chapter 11.56, "Building Security", as a new
chapter of the City of Yakima Municipal Code.
111 BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. There is hereby added a new chapter to the City of
Yakima Municipal Code, which new chapter shall read and be numbered
as follows:
" CHAPTER 11.56
BUILDING SECURITY
11.56.010 Security Requirements--Exemptions.
A. All existing and future buildings in the City of
Yakima used for any business purpose, with the exception of
those exempted by Subsection B of this section, shall, when
unattended, be secured so ps to prevent unauthorized entry
in accordance with the specifications for security of ex-
terior accessible openings as provided in this chapter. A
building shall be considered unattended when not occupied
by a watchman, maintenance personnel or other persons
• authorized by the owner or manager of the business or
building, as the case may be, during times when that build-
ing or premises is closed to business.
B. The following buildings and types of buildings are
excluded from the provisions of this chapter:
Federal, state, county and city governmental buildings.
School buildings.
Hospitals and nursing homes.
Churches and similar places of public assembly.
A building used for business and occupied as the resi-
dence of the owner, manager or agent of the owner of
the building or business.
11.56.020 Res.onsibilit for Securit . The person respon-
sible for complying with the security specifications of this
chapter shall be as follows:
Aft
1. Where an exterior accessible opening serves as access
to a single business premises, the manager of the busi-
ness shall be the person responsible for complying
with the security specifications of this chapter.
2, Where an exterior accessible opening serves as access
to two or more business premises, the owner of the
building or his designated agent shall be the person
responsible for complying with the security specifica-
tions of this chapter.
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11.56.030 Security Enforcement- -Rules and Regulations. The
Chief of Police is hereby directed to enforce the provisions of
this chapter and, in connection therewith, he may adopt and pro-
mulgate rules and regulations for conducting inspections of build-
ings for compliance with security regulations of this chapter and
for otherwise administering the provisions of, and carrying out
the objective of, this chapter.
11.56.040 Inspections -- Notice of Violation. The Chief of
Police shall cause inspection to be made of buildings subject to
the provisions of this chapter. If, as a result of any such
inspection, or otherwise, an accessible exterior opening is
detected which does not meet the security specifications of this
chapter, the Chief of Police or his designated officer shall give
notice in writing to the responsible person, which notice shall
state applicable security specifications of this chapter with
which compliance is required and a reasonable period of time with-
in; which such compliance must be effected. The responsible per -
son to whom such notice is given shall comply therewith and his
failure to do so shall constitute a violation of this chapter.
11.56.050 Security Specifications--General. All exterior
accessible openings of any building subject to the provisions of
this chapter, which openings are not protected by photoelectric,
ultrasonic or other intrusion detection devices approved by the
Chief of Police or his designated officer, shall be secured as
required by this chapter; provided, that exit doors serving an
area with an occupant load of more than ten persons, or otherwise
serving rooms or areas required by applicable laws to be equipped
with panic bars or other special devices, shall be subject to
being opened from the inside without the use of a key or any
IIP special knowledge or effort in compliance with any such applicable
laws, and no additional locking device on any such exit shall be
required unless the written approval of the fire marshal of the
Yakima Fire Department is first given.
11.56.060 Security Specifications- -Front Door. All front
doors of any building subject to the provisions of this chapter
shall comply with the following requirements:
A. Tempered glass doors, wood or metal doors with a
tempered glass panel or panels and solid wood or metal doors
shall be secured as follows:
(1) A single door shall be secured with either a
double guarded cylinder dead lock, or a single guarded
cylinder dead lock without a turnpiece, either of which
shall have a throw of not less than 1 inch; provided,
a hook or expanding bolt may be used with a throw of
not less than 3/4 inch.
(2) On double doors the active leaf shall be
equipped with a type of lock as prescribed by this
section for single doors and the inactive leaf shall
be equipped with flush bolts constructed of hardened
material with a throw of not less than 5/8 inch at both
the head and the foot.
B. Doors with glass panels not of tempered glass and
doors with non tempered glass panels adjacent to the door
frames shall be secured as follows:
(1) A single door shall be equipped with a
guarded cylinder dead lock that unlocks from both the
outside and inside by a key.
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(2) On double doors the active leaf shall be
equipped with a guarded cylinder dead lock that unlocks .
from both the outside and inside by a key and the active
leaf shall be equipped with flush bolts constructed of
hardened material with a throw of not less than 5/8
inch at both the head and foot.
C. Rolling overhead doors and solid overhead swinging,
• sliding or accordion garage -type doors shall be secured with
a guarded cylinder lock or padlock on the inside when not
otherwise controlled or locked by electric power operation.
In the event such a door is the only doorway to the building,
a guarded cylinder lock or padlock may be used on the outside
of the door. If a padlock is used either inside or outside
the door, it shall be of hardened steel shackle with no less
than four pin tumbler operation.
D. Metal accordion grate or grille -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
no less than four pin tumbler operation with nonremovable
key when in an unlocked position. The bottom track shall be
so designed that the door cannot be lifted from the track
when the door is in a locked position.
E. Outside hinges on all front doors shall be provided
with nonremovable pins unless nonremovable hinges are used.
Hinged pins may either welded, flanged or secured by a
screw.
• F. Inswinging doors shall have rabbitted jams.
11.56.070 Security Specifications--Rear, Side and Basement
Doors. All accessible rear, side and basement doors of any build-
ing subject to the provisions of this chapter shall comply with
the following requirements:
A. Door Types.
(1) All doors of the types listed below shall com-
ply with the requirements for front doors.
(a) Doors constructed of Underwriters'
Laboratories approved burglary resisting glazing
material (glass) and wood or metal doors with a
panel or panels of Underwriters' Laboratories
approved burglary resisting glazing material .
(glass).
(b) Metal doors.
(c) Rolling overhead doors.
• (d) Solid overhead, swinging, sliding or
accordion garage -type doors.
(e) Metal accordion grate or grille -type
doors.
(2) Doors with glass panels not of Underwriters'
Laboratories approved burglary resisting glazing
material (glass) and doors with glass panels not of
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Underwriters' Laboratories approved burglary resisting
glazing material (glass) adjacent to the door frames
shall be secured as follows:
(a) By the installation of a barrier of iron
bars of at least 1/2 inch round, or 1 inch by 1/4
inch flat, steel material spaced not more than 5
inches apart; or by the installation of a barrier
• of iron or steel grilles of at least 1/8 inch
material of 2 inch mesh. If the barrier is on the
outside of the door, it shall be secured with
rounded head flush bolts on the outside.
(b) If the remaining portion of a door panel
exceeds 96 square inches with its smallest dimen-
sion exceeding 6 inches (excluding door frame),
is of wood, but not of solid core construction,
or is less than 1 3/8 inch thick, such remaining
portion shall be covered on the inside with at
least 16 guage sheet metal attached with screws.
Wood doors, not of solid core construction,
or with panels therein less than 1 3/8 inches thick,
shall be covered on the inside with at least 16 guage
sheet steel attached with screws.
B. Locking Devices.
(1) A single door shall be secured with either a
double guarded cylinder dead lock, or a single guarded
• cylinder dead lock without a turnpiece, with a throw of
not less than 1 inch; provided a hook or expanding bolt
may be used with a throw of not less than 3/4 inch.
(2) On double doors the active leaf shall be
equipped with a type of lock as prescribed for single
doors by this section and the inactive leaf shall be
equipped with flush bolts constructed of hardened
material with a throw of not less than 5/8 inch at both
the head and foot.
C. Outside hinges on all rear, side and basement doors
shall be provided with nonremovable pins unless nonremovable
hinges are used. Such hinge pins may either welded,
flanged or secured by a screw.
D. Inswinging doors shall have rabbitted jams.
E. All exterior rear, side and basement doors shall
have a minimum of 60 watt bulb over the outside of the door.
Such bulb shall be protected with a vapor cover or cover of .
equal breaking resistant material.
• , 11.56.080 Security Specifications - -Roof Doors. All doors
that exit onto the roof of any building subject to the provisions
of this chapter shall comply with the following requirements:
A. Doors with glass panels shall be secured by any of
the following methods:
(1) The glass portions shall be covered with a
barrier of iron bars of at least 1/2 inch round, or
1 inch by 1/4 inch flat, steel material spaced not more
than 5 inches apart; or by the installation of a barrier
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of iron or steel grilles of at least 1/8 inch material
of 2 inch mesh. If the barrier is on the outside of
the door it shall be secured with rounded head flush
bolts on the outside; or
(2) The glass shall be Underwriters' Laboratories
approved burglary resisting glazing material (glass).
• If the remaining portion of a door panel exceeds
96 square inches with its smallest dimension exceeding
6 inches (excluding door frame) and is of wood, but not
of solid core construction, or is less than 1 3/8
inches thick, such portion shall be covered on the
inside with at least 16 guage sheet steel attached with
screws.
B. Wood doors not of solid core construction, or with
panels therein less than 1 3/8 inches thick, shall be
covered on the inside with at least 16 guage sheet steel
attached with screws.
C. All roof doors shall be se c u red with a lock that
will permit the door to be opened from the inside without
the use of a key or any special knowledge or effort.
D. Outside hinges on all roof doors shall be provided
with nonremovable pins unless nonremovable hinges are used.
Such hinge pins may be either welded, flanged or secured by
a screw.
0 11.56.090 Security Specifications--Glass Windows, Side or
Rear.
A. The Chief of Police, with the approval of the fire
marshal, shall determine the extent of security measures, if
any, required for any accessible glass windows at the side
or rear of any building. Glass windows shall be deemed
accessible if any glass is situated less than 18 feet above
the ground. In making his determination, the Chief of Police
shall consider the size of the windows, whether the side of
the building containing the windows is exposed to the street
or other public way, the area, location and contents of the
building and whether the window openings are protected by
intrusion detection devices.
B. In the event the Chief of Police determines security
measures are necessary, he may require any window to be
secured by any of the following methods:
(1) By the installation of a barrier of inside or
outside iron bars of at least 1/2 inch round, or 1 by
1/4 inch flat, steel material spaced not more than 5
411 inches apart; or by the installation of a barrier of
inside or outside iron or steel grilles of at least 1/8
inch material of 2 inch mesh. If the barrier is on the
outside, it shall be secured with rounded head flush
bolts on the outside; or
(2) By the installation of Underwriters' Labora-
tories approved burglary resisting glazing material
(glass).
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C. If the side or rear window is of a type that can be
opened, it shall be secured on the inside with either a
glide bar, bolt, crossbar, and /or a padlock with hardened
steel shackle with not less than four pin tumbler operation.
D. Outside hinges on all side and rear glass windows
shall be provided with nonremovable pins unless nonremovable
hinges are used. Hinge pins shall be either welded, flanged
• or secured by a screw.
11.56.100 Security Specifications -- Transoms.
A. All exterior transoms exceeding 96 square inches
with the smallest dimension exceeding 6 inches on the out -
side or rear of any building subject to the provisions of
this chapter shall be secured by any of the following methods
(1) By the installation of a barrier of outside
iron bars of at least 1/2 inch round, or 1 by 1/4 inch
flat, steel material spaced no more than 5 inches
apart; or by the installation of .a barrier of outside
iron or steel grilles of at least 1/8 inch material
of not larger than 2 inch mesh. The transom barrier
shall be secured with rounded flush bolts on the out -
side; or
(2) By the installation of Underwriters'
Laboratories approved burglary resisting glazing
material (glass).
11.56.110 Security Specifications - -Roof Openings.
A. All glass skylights on the roof of any building
subject to the provisions of this chapter shall be secured
by any of the following methods:
(1) By the installation of a barrier of iron bars
of at least 1/2 inch round, or 1 inch by 1/4 inch flat,
steel material under the skylight; or by the installa-
tion of a barrier of steel grilles of at least 1/8 inch
material of 2 inch mesh under the skylight. The
barrier shall be secured with rounded head flush bolts
on the outside; or
(2) By the installation of Underwriters' Labora-
tories approved burglary resisting glazing material
(glass).
B. All hatchway openings on the roof of any building
subject to the provisions of this chapter shall be secured
as follows:
(1) If the hatchway is of wooden material, it
• shall be covered on the inside with at least 16 guage
sheet steel attached with screws.
(2) The hatchway shall be secured from the inside
with a slide bar or slide bolts. No crossbar or padlock
shall be used without the approval of the fire marshal
of the Yakima Fire Department.
(3) Outside hinges on all hatchway openings shall
be provided with nonremovable pins unless nonremovable
hinges are used. Such hinge pins may be either welded,
flanged or secured by a screw.
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11.56.120 Security Specifications—Air Duct or Air Vent
Openings. All air duct or air vent openings exceeding 96 square
inches with the smallest dimension exceeding 6 inches on the roof
or exterior walls of any building subject to the provisions of
this chapter shall be . secured by either of the following methods:
A. By the installation of a barrier of inside or out-
side iron bars of at least 1/2 inch round, or 1 by 1/4 inch
flat, steel material spaced not more than 5 inches apart,
or
B. By the installation of a barrier of inside or out-
side steel grilles of at least 1/8 inch material of 2 inch
mesh.
If the barrier is on the outside, it shall be secured with
rounded head flush bolts on the outside.
11.56.130 Intrusion Detection Devices.
A. If it is determined by the Chief of Police that the
security measures and locking devices prescribed by this
chapter do not adequately secure a building subject to the
provisions of this chapter against unauthorized entry, he
may require the installation and maintenance of photo-
electric, ultrasonic or other intrusion detection devices.
In making such determination, the Chief of Police shall con -
sider whether the building has previously been subjected to
a high incidence of unauthorized entry and whether the con -
tents of the building require additional security protec-
tion because of the nature or value of such contents.
• B. If the Chief of Police or his designated officer
determines that the installation of such intrusion detection
devices is required, written notice shall be given by the
Chief of Police or his designated officer to the person res-
ponsible for complying with this chapter, which notice shall
describe the installation required and state a reasonable
period of time within which such installation shall be com-
pleted. A person who receives such notice shall comply
therewith and his failure to do so shall constitute a
violation of this chapter, subject, however, to the pro-
visions of Section 11.56.140 of this chapter.
11.56.140 Appeal From Intrusion Detection Device Require-
ments.
A. Within ten (10) days after the receipt of a written
notice requiring the installation and maintenance of photo-
electric, ultrasonic or other intrusion detection devices,
the person to whom such notice is directed may appeal to the
City Manager by filing with him a written notice of appeal
setting forth the grounds on which appellant claims an error
or abuse of discretion by the Chief of Police in making his
determination or the grounds on which the appellant claims
such notice was otherwise improperly issued.
Upon receipt of such a notice of appeal, the City Mana-
ger shall set a date for a hearing on the matter and cause
written notice thereof to be given to the appellant and to
the Chief of Police or his designated officer, which notice
= -shall be given not less than five (5) days prior to the date
of such hearing. At the hearing, the appellant shall show
cause on the grounds specified in the notice of appeal why
the requirement to install intrusion detection devices should
not be affirmed.
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The City Manager may affirm, reverse or modify the
requirement for the installation of such intrusion detection
devices. If the requirement is affirmed or modified by the
City Manager, the appellant shall be given written notice
thereof by the Chief of Police or his designated officer des -
cribing the installation to be made and a reasonable period
of time within which such installation shall be completed.
In no event shall the period of time for completion be
shorter than that stated in the original notice requiring
such installation. The appellant shall comply with the
• requirements of the notice of the City Manager's decision.
The failure of an appellant to so comply shall constitute a
violation of this chapter subject, however, to the provisions
of Subsection B of this section.
B. Within ten days after the receipt of a written
notice of the City Manager's decision, the appellant may
further appeal to the Yakima City Council by filing with
the Yakima City Clerk a written notice of appeal stating
the grounds on which such appeal is made. The City Clerk
shall submit such notice of appeal to the City Council at
its next regular meeting following the filing of such notice
and the City Council shall, by motion, set a date for a
hearing by the City Council on the matter. The City Clerk
shall give notice of the time of such hearing to the
appellant, to the City Manager and to the Chief of Police
or his designated officer, which notice shall be given not
less than five (5) days prior to the date set for such hear-
ing. At such hearing before the City Council the appellant
shall show cause on the grounds stated in his notice of
appeal why the decision of the City Manager should not be
affirmed.
• If the City Council affirms or modifies the decision of
the City Manager, the appellant shall be given written
notice thereof by the Chief of Police or his designated
officer, which notice shall describe the installation to
be made and state a reasonable period of time within which
such installation shall be completed. In no event shall the
period of time for completion be shorter than that stated
in the original notice to the appellant requiring such
installation. The decision of the City Council shall be
final and the appellant shall comply with the notice thereof.
The failure by appellant to comply with the notice of the
City Council's decision shall constitute a violation of this
chapter.
11.56.150 Penalty for Violation. Any person who shall
violate or fail to comply with any of the provisions of this
chapter, or who fails to comply with any notices issued pursuant
to the provisions of this chapter, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine in any amount not exceeding Five Hundred Dollars ($500) or
by imprisonment in the city jail for a term not exceeding six (6)
. months or by both such fine and imprisonment. Each day that a
person shall continue to violate or fail to comply with any pro-
vision of this chapter, or with any notice issued pursuant to
this chapter, shall be considered as a separate offense."
Section 2. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided by
law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this 7, r44cday of
fc, --t , 1972.
Mayor
ATTEST:
'City Clerk
•
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