Somers to hold public hearing on Knox-Box requirement for apartment buildings

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SOMERS, N.Y. - The public will get a chance to weigh in on a proposed local law that would mandate Knox-Box or key safe systems at multifamily or apartment buildings.

The Town Board has scheduled a public hearing for 7 p.m. on Thursday, July 9.

Supervisor Robert Scorrano noted at the board’s May 14 meeting that the Somers Volunteer Fire Department had reported “recent incidents” where first responders weren’t able to access apartments during emergencies.

He mentioned the Baldwin Place “area” – where there are several luxury and senior apartment complexes – but did not specify a particular property.

Scorrano asked Town Attorney Roland A. Baroni Jr. if he was aware of similar laws in other towns.

No, not for apartments, only for commercial buildings, Baroni responded.

At the request of the Bureau of Fire Prevention, the town is taking a look at a model local law that, if enacted, would ensure “rapid, reliable emergency access for fire and emergency personnel to multifamily residential buildings, in accordance with the New York State Uniform Fire Prevention and Building Code and applicable standards for the National Fire Protection Association.”

It would apply to all new and existing multifamily residential buildings with three or more dwelling units and all apartment buildings, including those with controlled access systems.

While the building owner would be responsible for the maintenance of key safe systems, it will be up to the local fire and code officials to periodically inspect them and to enforce the law, according to the model law under consideration.

The key box has to be a secure and “tamper-resistant” device that’s installed at a location approved by fire officials, typically at the main entrance or other accessible spot, and mounted at a certain height and in a certain manner.

According to the model law, the key box must contain – at a minimum -- master keys providing access to all dwelling units, where legally permissible; common areas; mechanical, electrical, fire pump, and sprinkler rooms; elevator controls and machine rooms; and roof access points.

They must also contain emergency access credentials for key fob systems, card access systems, keypad codes, building floor plans, fire protection system information, and an emergency contact list.

Where electronic locking systems are used, they must comply with provisions of the National Fire Protection Association, according to the model law.

Emergency override capability can’t rely solely on internet connectivity and should continue to function in the event of a power failure via a battery backup for fail-safe design, according to the model law.

(Backup physical keys or credentials should also be in the key box.)

Owners will be responsible for making sure all keys and credentials are accurate and current and are replaced or updated within 48 hours of any change. Any malfunctions, damage, or tampering must be reported immediately, under the proposed law.

Additional access measures may be required “based on the building’s complexity or risk,” if the law is approved.

Compliance deadlines are divided into two categories. For new buildings, the systems must be installed prior to the issuance of a Certificate of Occupancy. Existing buildings must be in compliance within 180 days of the law’s enactment.

According to the model law, failure to comply will result in a notice of violation and civil penalties ($250 to $1,000 per violation); each day of noncompliance may constitute a separate offense; and additional remedies may include “court enforcement or administrative orders.”

If adopted, the law will become effective immediately upon filing with the state.

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