Morgan Hill Municipal Code Art. I General Provisions and Administration

The purpose of the provisions of this chapter is to protect the general health, safety and welfare of the public and the protection of persons and property by providing minimum requirements to safeguard property against burglary and other unlawful trespasses. The minimum requirements will achieve this purpose by regulating and controlling the design, construction and quality of materials and equipment as they relate to security of all buildings and structures constructed after the effective date of the ordinance codified in this chapter or remodeled within the boundaries of the city as required in Sections 14050 and 14051 of the California Penal Code relating to building security.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

For the purpose of this chapter, certain terms are defined as follows:

1. "Active door" means when two doors are installed as a pair, the active door is the one which must be opened first.

2. "Anti-shim device." Some spring bolts have this added feature to prevent the spring bolt from being depressed when the door is closed by slipping or shimmying. This device is normally adjacent to the bolt and is depressed by the strike when the door is closed.

3. "Armored strike" means a metal strike plate backed up by steel, designed to prevent jamb peeling, mortised into door jamb to restrain the bolt.

4. "Auxiliary locking device" means a secondary locking system added to the primary locking system to provide additional security.

5. "Bolt" means a metal bar which, when actuated, is projected (or "thrown") either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door or window from moving or opening.

6. "Burglary-resistant glazing" means those materials as defined in the Underwriters Laboratory Bulletin 972.

7. "CBC" means the California Building Code. The CBC is dedicated to the development of building construction and safety to the public by uniformity in the building laws. The code is founded on broad-base performance principles that make possible the use of new materials and new construction systems.

8. "Commercial building" means a building, or portion thereof, used for a purpose other than a dwelling.

9. "Cylinder" means the subassembly of a lock containing the cylinder core, tumbler mechanism and the keyway.

10. "Cylinder guard" means a free-turning solid metal protective device used to encompass the cylinder of a lock rendering it less vulnerable to wrenching and twisting attacks.

11. "Dead bolt" means a metal bolt which cannot be moved when the door is locked, and must be key operable and key, thumbturn or lever operable from the interior. The bolt must project a minimum of one inch from the edge of the door and must contain a cylinder guard on the exterior side when the cylinder is exposed.

12. "Deadlatch" or "deadlocking latch" means a spring-activated latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure.

13. "Door" means a hinged, sliding or other mechanically operated barrier which may be opened and closed to allow or prevent entrance or egress to a building or structure.

14. "Door stop" means a projection along the top and sides of a door jamb which checks the door's swinging action.

15. "Double-cylinder dead bolt" means a dead bolt lock which can be activated only by a key on both the interior and exterior.

16. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family and multifamily dwellings.

17. "Exit indicator" means a device which shows "open" or "locked" condition of exit door lock.

18. "Flushbolt" means a manual, key-operated or turn-operated metal bolt normally used on inactive doors and attached to the top and bottom of the door, engaging in the head and threshold of the frame.

19. "Hasp" means a fastening device consisting of a loop and slotted hinge plate.

20. "Jamb" means the vertical members of a door frame to which the door is secured.

21. "Multifamily dwelling" means a building or portion thereof designed for occupancy by two or more families living independently of each other, including hotels, motels, apartments, duplexes and townhomes.

22. "Padlock" means a locking device with a hardened steel shackle, locking heel and toe, with minimum five pin-tumbler operation, with nonremovable key when in an unlocked position.

23. "Panic hardware" means a latching device on a door assembly for use when emergency egress is required due to fire or other threat to life safety, devices designed so that they will facilitate the safe egress of people in case of an emergency when is applied to the releasing device in the direction of exit travel.

24. "Single-cylinder dead bolt" means a dead bolt lock which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever or similar mechanism.

25. "Solid-core door" means a door composed of solid wood or composed of compressed wood equal in strength to solid wood construction.

26. "Strike" means a metal plate attached to or mortised into a door or door jamb to receive and to hold a projected latch bolt and/or dead bolt in order to secure the door to the jamb.

27. "UL Listed" means tested and listed by Underwriters Laboratory, Inc."

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2000 N.S., § 10, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

The provisions set forth in this chapter shall be administered and enforced by the building official or authorized agent and shall apply to the regulation and control of the design, construction and quality of materials and equipment as they relate to the security of all buildings and structures constructed or remodeled in the city after the effective date of the ordinance codified in this chapter. Buildings and structures constructed within industrial parks, business parks and planned unit developments (M-P and PUD zones) are exempt from the provisions of this chapter except that developers of such projects shall meet with the police department crime prevention unit and the building official to develop appropriate security measures.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 615 N.S., 1983: Ord. 491 N.S. (part), 1979; Ord. No. 2000 N.S., § 10, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

A. The provisions of this chapter shall apply to new construction and to buildings or structures to which additions or alterations are made except as specifically provided by this chapter.

B. Existing multifamily dwelling units which are converted to privately owned family units (condominiums) shall comply with the provisions of Article II of this chapter.

C. Any existing structure which converts from its original occupancy group, as designated in the California Building Code, shall comply with the provisions of this chapter.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2000 N.S., § 10, 1-26-2011; Ord. No. 2095 N.S., § 2, 11-20-2013)

Any building as defined in the CBC and Title 19 of the California Administrative Code, requiring special type releasing, latching or locking devices, other than described in this chapter, shall be exempt from the provisions of this chapter relating to locking devices of interior and/or exterior doors. (This section is intended to prevent confusion as to requirements for what is known as "panic hardware.")

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

The applicant shall be responsible for compliance with the provisions set forth in this chapter.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

A. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter provided any such alternate has been approved by the enforcing authority, nor is it the intention of this chapter to exclude any sound method of structural design or analysis not specifically provided for in this chapter. Materials, methods of construction, or structural design limitations provided for in this chapter are to be used unless an exception is granted by the enforcing authority.

B. The enforcing authority may approve any such alternate provided they find the proposed design to be satisfactory and the material and method of work is, for the purpose intended, at least equivalent to that prescribed in this chapter in quality, strength, effectiveness, burglary resistance, durability and safety.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are interchange-free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

Methods of the enforcement, appeal and the grant of variances under this chapter shall be those set forth within the municipal code of the city.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

None of the provisions set forth in this chapter shall supersede any local, state or federal laws, regulations or codes dealing with the life safety factor. Enforcement of these provisions shall be in cooperation with the local fire authority to avoid conflict with fire laws. No portion of this chapter shall supersede any local, state or federal law, regulation or codes dealing with life safety factors.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

The enforcing authority shall have the right, and is hereby authorized and empowered, to enter or go on or about any building or premises between eight a.m. and five p.m. for the purpose of inspecting the physical security of such buildings or premises, or for any other purposes consistent with this chapter. The enforcing authority shall be given access to any area of the building or premises upon oral notification to the responsible person, and upon exhibiting suitable evidence of their identity and authority; provided, however, that except in an emergency situation, an inspection warrant issued pursuant to Title 13, Part 3 of the Code of Civil Procedures (Sections 1322.50 to 1322.57, inclusive) shall first be secured when entry or access thereto is refused. It is unlawful to refuse to admit such member when an inspection warrant is not required.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979)

(Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2276 N.S., § 60, 5-2-2018)

In order to prevent or lessen the unnecessary hardship or practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict letter of this chapter, the owner or his designated agent shall have the option to apply for an exemption from any provision of this chapter to the city council. The city council shall exercise its powers on these matters in such a way that the public welfare is secured, and substantial justice done most nearly in accord with the intent and purpose of this chapter.

(Ord. 1861 N.S. § 11 (part), 2007: Ord. 491 N.S. (part), 1979; Ord. No. 2095 N.S., § 2, 11-20-2013)

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause those things to be done, contrary to or in violation of any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 60, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 60, adopted May 2, 2018, amended § 15.40.130 in its entirety to read as herein set out. Former § 15.40.130 pertained to violation—penalty and derived from Ord. 491 N.S. (part), adopted in 1979; and Ord. No. 2095 N.S., § 2, adopted Nov. 20, 2013.