Milpitas Municipal Code Ch. 304 Security Bars

The City Council recognizes that fixed security bars installed over bedroom windows can trap occupants inside their home and delay or prevent rescue efforts; and

The City Council, by adopting the ordinance codified in this chapter, does not seek to remove from residents the right to have security bars properly installed on their bedroom windows and exit doors; and

The City Council finds that State Health & Safety Code Section 17958.4 allows the City of Milpitas to establish a date (January 1, 1998) by which all residential real property with security window bars on bedroom windows shall meet current State and local requirements for safety release mechanisms on security window bars consistent with the applicable standards in the 1995 edition of the California Building Standards Code.

(Ord. 250 (part), 10/7/97)

(a) Approved. The term "Approved" means meeting the approval of the enforcement agency, except as otherwise provided by statute, when used in connection with any system, material, type of construction, fixture or appliance as the result of investigations and tests conducted by the agency, or by reason of accepted principles or tests by national authorities, technical, health, or scientific organizations or agencies.

(b) Emergency Escape or Rescue Door. Buildings or structures used for human occupancy shall have at least one exterior exit door which meets the requirements for "required exit door." (See Definition in subsection (e), herein.)

(c) Emergency Escape or Rescue Window. Basements in dwelling units and every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools.

EXCEPTION: The window or door may open into an atrium complying with building code requirements provided the window or door opens onto an exit balcony and the dwelling unit or guest room has an exit which does not open into the atrium.

Escape or rescue windows shall have a minimum net clear operable area of 5.7 square feet (0.53 m 2 ). The minimum net clear operable height dimension shall be 24 inches (610 mm). The minimum net clear operable width dimension shall be 20 inches (508 mm). When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than 44 inches (1118 mm) above the floor.

(d) Emergency Escape or Rescue Window Wells. Escape and rescue windows with finished sill height below the adjacent ground elevation shall have a window well. Window wells at escape or rescue windows shall comply with the following:

(1) The clear horizontal dimensions shall allow the window to be fully opened and provide a minimum accessible net clear opening of 9 square feet (0.84 m 2 ), with a minimum dimension of 36 inches (914 mm).

(2) Window wells with a vertical depth of more than 44 inches (1118 mm) shall be equipped with an approved permanently affixed ladder or stairs that are accessible with the window in the fully open position. The ladder or stairs shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm).

(e) Required Exit Door. The term "Required Exit Door" means the main entry/exit from the residence. It is defined by the following measurements:

A door not less than 3 feet (914 mm) in width and not less than 6 feet 8 inches (2032 mm) in height. When installed in exit doorways, exit doors shall be capable of opening at least 90 degrees and shall be so mounted that the clear width of the exit way is not less than 32 inches (813 mm).

(f) Security Bars. The term "Security Bars," when used in this chapter, shall include grilles, grates, or similar devices.

(Ord. 250 (part), 10/7/97)

Effective January 1, 1998, it is unlawful for any person owning, leasing, renting, occupying, or having charge or possession of any residential property in the City of Milpitas to maintain security bars, grilles, grates, or similar devices on emergency escape or rescue windows, doors, or window wells, or any required exit door. The aforementioned conditions are declared to be a public nuisance and shall be abated, unless:

(1) The devices are equipped with approved release mechanisms which are operable from the inside without the use of a key or special knowledge or effort; and

(2) The building is equipped with smoke detectors installed in accordance with current building code requirements.

(Ord. 250 (part), 10/7/97)

(a) The quick release latch shall be actuated by a readily-accessible knob, handle or button which may be grasped by the hand and operated by a single twist, turn, or pull of the hand, or in the alternative, by a pedal which may be pushed by the foot. The use of slide bolts, pull chains, bolts, and releases requiring both hands for actuation is prohibited. Security devices over emergency escape doors may be provided with a night-latch, deadbolt, or security chains provided such devices are openable from the inside without the use of a key or a special tool.

(b) The quick release latch shall be unobstructed and readily visible, mounted no greater than thirty-six inches (36″) from the edge of the window at a height not to exceed forty-eight inches (48″) above the finished floor as measured from the center of the device and shall not require more than ten pounds (10 lbs.) of force to unlatch the security device to the fully-opened position. Any such quick release latch must be readily accessible to the occupants of the room.

(c) Each quick release system shall be properly installed by a licensed contractor, the home owner, or other individual or entity that has obtained approval by the Fire Department.

(d) Each system shall be installed in conjunction with smoke detectors.

(e) Each system shall be field tested for proper operation by the Building Department prior to acceptance.

(f) Performance standards developed by Under-writers' Laboratories or other approved listing organization acceptable to both the Fire Department and the Building Department may be used in lieu of these standards.

(Ord. 250.1, 8/18/98: Ord. 250 (part), 10/7/97)

Approved smoke detectors shall be installed and maintained in all units that have bedroom window security bars and in all common use corridors adjacent to units with bedroom window security bars. Within each unit, smoke detectors shall be located in each bedroom and hallway adjacent to a bedroom. Tenants are responsible for notifying the owner or the owner's agent in the event a smoke detector becomes inoperable. Owners and tenants shall be responsible for maintenance of smoke detector batteries.

(Ord. 250 (part), 10/7/97)

No person shall refuse to allow any authorized official of the City of Milpitas, upon presentation of proper credentials and upon proper notice, to enter upon any premises at any time during the hours of daylight for the purpose of inspecting or removing security bars which is in violation of Section V-304-3.00 of the Milpitas Municipal Code, which may endanger the welfare of residents of such property where a previous notice to abate the nuisance has been given.

(Ord. 250 (part), 10/7/97)

Any person who prevents or refuses to permit the entrance of any authorized official of the City of Milpitas upon private property or public property, not including streets, to inspect security bars, to verify that security bars comply with Milpitas Municipal Code Section V-304-3.00, or to remove or cause the removal of security bars declared to be a public nuisance by or pursuant to this chapter, is guilty of an infraction.

(Ord. 250 (part), 10/7/97)

Nothing in this chapter shall be deemed to prevent the City Manager from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this chapter constitutes an infraction. The Fire Chief is designated as the enforcement authority.

(Ord. 250 (part), 10/7/97)

(a) Any person, firm or corporation violating or causing, or permitting to be violated any of the provisions of this chapter shall be deemed guilty of an infraction.

(b) Any person, firm or corporation convicted of an infraction under the provisions of this chapter shall be punishable as provided in Government Code Section 36900. Any violation beyond the third conviction within a one-year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19.

(c) Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

(d) The City Manager shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to arrest persons who violate any of said provision.

(Ord. 250 (part), 10/7/97)