Fairfax Municipal Code Ch. 15.17 Gate Safeguards

The purpose of this chapter is to promote public safety and welfare and reduce the risk of death or injury that may result from improperly installed or maintained gates by imposing safety requirements for the installation of gates, and requiring periodic and professional gate inspection and a certificate of inspection.

(Ord. 881, passed 8-2-2023)

For the purposes of this chapter, the following definitions shall apply:

AUTOMATIC VEHICULAR GATE. A gate that is intended for use at a vehicular entrance or exit a property that is not intended for pedestrian traffic, and is designed and operated automatically without manual human intervention.

CERTIFICATE OF INSPECTION. A document signed and/or stamped by a gate inspector attesting that the inspector performed an in-person inspection of the gate and based on that inspection has determined that the gate meets all of the standards set forth in this chapter, the gate has been properly maintained, and the gate is in good working order. In addition, the document shall include the following:

(1) Inspection date.

(2) Site address.

(3) Name of the property owner.

(4) Contact information of inspector.

(5) Signature and/or stamp of the inspector.

GATE INSPECTOR. Any licensed fence installer, licensed automatic system installer, ICC-certified building inspector, licensed architect, or licensed engineer as reasonably approved by the town.

PROPERTY OWNER. Includes, without limitation, the fee owner(s) of real property, their agents, or the person(s) in possession of the real property.

VEHICULAR GATE. A gate that is intended for use at a vehicular entrance or exit to a property that is not intended for pedestrian traffic.

(Ord. 881, passed 8-2-2023)

The provisions of this chapter shall apply to all automatic vehicular gates, vehicular gates, and any gate that is more than 48 inches (1219 mm) in width and/or more than 84 inches (2134 mm) in height (collectively, “gates”).

(Ord. 881, passed 8-2-2023)

(A) General requirements for all gates.

(1) All gates must comply with this chapter and with all applicable building regulations set forth in Fairfax Municipal Code Title 15 "Buildings and Construction", and any other applicable law.

(2) Any gate more than 48 inches (1219 mm) in width and/or more than 84 inches (2134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer's recommendations, and shall be designed, constructed, and installed to meet all the following:

(a) Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

(b) Gate shall be balanced and not move under the gate's own weight or by gravity.

(c) Rolling wheels shall be covered.

(d) Gate shall have positive stops.

(B) Automatic vehicular gates.

(1) Shall be designed, constructed and installed in compliance with ASTM F2200.

(2) Vehicular gate openers, where provided, shall comply with UL 325.

(Ord. 881, passed 8-2-2023)

The property owner shall keep all gates on the property well-maintained and in good working order. The property owner shall submit a certificate of inspection at least once every three years for each gate to the Town Building Department. The property owner shall maintain a copy of the most recent certificate of inspection and make it available to the building official upon request.

(Ord. 881, passed 8-2-2023)

Newly installed gates are subject to the provisions of this chapter. Gates that are in existence as of the effective date of Ordinance 881 must comply with this chapter by January 1, 2024, including obtaining any permits as required under local or State code.

(Ord. 881, passed 8-2-2023)

Violations of this chapter shall constitute a public nuisance subject to the enforcement, abatement, and the imposition of penalties allowed in the Town Municipal Code and pursuant to State law. All remedies are cumulative. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.

(Ord. 881, passed 8-2-2023)