Chapter 7.18 — SECURITY BARS

"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.

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)

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 openable area of 5.7 square feet (0.53 m2). The minimum net clear openable height dimension shall be twenty-four inches (610 mm). The minimum net clear openable width dimension shall be twenty inches (508 mm). When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than forty-four inches (1118 mm} above the floor.

Emergency escape or rescue window wells. Escape and rescue windows with a 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 nine square feet (0.84 m2), with a minimum dimension of thirty-six inches (914 mm).

2. Window wells with a vertical depth of more than forty-four inches (1118 mm) shall be equipped with an approved permanently affixed ladder of 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 six inches (152 mm).

Required exit door. The main entry/exit from the residence is the required exit door. It is identified by the following measurements:

A door not less than three feet (914 mm) in width and not less than six feet eight inches (2032 mm) in height. When installed in exit doorways, exit doors shall be capable of opening at least ninety degrees and shall be so mounted that the clear width of the exitway is not less than thirtytwo inches (813 mm).

"Security bars," when used in this chapter, means and includes grilles, grates, or similar devices. (Ord. 502-97 § 1, 1997)

Effective July 1, 1997, it is unlawful for any person owning, leasing, renting, occupying, or having charge or possession of any residential property in the City of Union City to maintain security bars, grilles, grates, or similar devices on emergency escape or rescue windows, doors, or window wells, or any required exit door, is declared to be a public nuisance and shall be abated, unless:

• A. The devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort; and

• B. The building is equipped with smoke detectors installed in accordance with current building code requirements.

• (Ord. 502-97 § 1, 1997)

No person shall refuse to allow any authorized official of the City of Union City, upon presentation of proper credentials, 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 7.18.020 of the Union City Municipal Code, which may endanger the welfare of residents of such property where a previous notice to abate the nuisance has been given. (Ord. 502-97 § 1, 1997)

Any person who prevents or refuses to permit the entrance of any authorized official of the City of Union City upon private property or public property, not including streets, to inspect security bars, to verify security bars comply with Union City Municipal Code Section 7.18.020, 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. 502-97 § 1, 1997)

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 Chief Building Official is designated as the enforcement authority.

(Ord. 502-97 § 1, 1997)

• 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

• 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. 502-97 § 1, 1997)

The City Council declares that, should any provision, section, paragraph, sentence, or word of this chapter be rendered or declared invalid by a final court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this chapter shall remain in full force and effect. (Ord. 502-97 § 1, 1997)

This chapter shall become operative on July 1, 1997. (Ord. 502-97 § 1, 1997)