HomeMy WebLinkAboutResolutions - 2000.03.09 - 26107March 9, 2000
REPORT (Misc . #00016)
BY: General Government Committee, Shelley G. Taub, Chairperson
RE: MR #00016 SAFETY BAR ORDINANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed the above-mentioned resolution on February 28, 2000,
recommends to the Oakland County Board of Commissioners the resolution be amended as follows:
The NOW THEREFORE BE IT RESOLVED THAT paragraph to read: "the Oakland County Board of
Commissioners does hereby encourage the State and local cities, villages and townships in Oakland County to adopt
a Safety Bar Ordinance based on the attached model for the protection of the residents in their community."
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on unanimous roll call vote
Mr. Chairperson, I move the adoption of te-fOrOgoing
sioner Eric Coleman
istrict #21
Miscellaneous Resolution # 00016 _ _ _
BY: Commissioner Eric Coleman, District #21
RE: Safety Bar Ordinance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County is organized under the authority of Michigan Public Act
139 of 1973 (as amended by Public Act 100 of 1980), the optional Unified Form of County
Government Act under which the Oakland County Board of Commissioners is empowered to
prepare or review proposed County ordinances and make recommendations to protect the
public health, safety and welfare; and
WHEREAS, due to a heightened fear of crime, people are taking measures to secure
their homes from intruders. Some deterrents to crime, such as permanently installed bars
and locks on windows, are inadvertently trapping people inside their homes during life-
threatening fires and emergencies; and
WHEREAS, despite a downward trend in overall fire deaths, the number of fire deaths
related to unopenable security bars in on the rise. When permanently mounted, security bars
on windows prevent escape for the people at greatest risk during a home fire -- older adults
and young children; and
WHEREAS, unopenable window bars and locks, when permanently mounted on
bedroom windows, are an unnecessary obstacle to rescue attempts by police, fire and EMS
personnel during an emergency situation; and
WHEREAS, the National Fire Protection Association (NFPA) acknowledges that the
need to protect oneself from intruders is real, yet, the solution does not have to compromise
fire safety. The NFPA recommends quick release devised on window bars for emergency
escapes, working smoke detectors and a practiced fire escape plan. These simple measures
can mean the difference between life and death; and
WHEREAS, the Oakland County Board of Commissioners recognizes the likelihood
of serious injury can be significantly reduced if residential window security bars or locking
devices that are installed on bedroom windows are designed with a quick release feature in
the case of an emergency.
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of
Commissioners does hereby encourage local cities, villages and townships in Oakland
County to adopt a Safety Bar Ordinance based on the attached model for the protection of
the residents in their community.
MODEL SAFETY BAR ORDINANCE
An ordinance to prohibit the sale and installation of bedroom security bars which
lack a quick release feature which may be used in case of fire; to prohibit the sale,
transfer, rental, or occupancy of residential property which is equipped with bedroom
security bars which violate these requirements, and to prescribe misdemeanor or civil
infraction penalties for a person who violates these prohibitions.
Section 1. Short Title
This ordinance may be cited as the "Safety Bar Ordinance."
Section 2. Commission Findings:
(A) The Oakland County Board of Commissioners does hereby find that:
(1) People are afraid of being victims of crime and because of this fear,
many people are blockading themselves in their homes.
(2) Many of the window security bars being used to keep criminals out,
are instead trapping people in during emergencies.
(3) Older adults and children have the greatest risk of dying in a home
fire and they often need the most help in getting out in an emergency.
(4) Window security bars and locks, that are permanently mounted,
prevent escape from a fire and also inhibit fire rescue attempts.
(B) Accordingly, the Oakland County Board of Commissioners finds and declares
the purpose of this ordinance to be:
(1) To protect the health, safety and welfare by prohibiting bedroom
window security bars which lack a quick release feature which may be used in case of fire;
and
(2) To enable persons to protect themselves from intruders without
compromising fire safety.
Section 3. Requirements for the Sale, Installation, or Use of Bedroom Security Bars
(A) A person shall not sell nor install security bars on a window or door of a
residential building within the County of Oakland unless the same comply with the
following safety criteria:
(1) The proposed equipment and method of installation has been
reviewed and approved by the local municipal fire department, or
(2) The equipment and method of installation complies with the following
specification:
When security bars are installed on bedroom windows, either bars shall not
be installed on at least one window in each bedroom, or the bars on at least
one window in each bedroom shall be equipped with both an inside release
handle, and an outside key-release which has been approved by the local
fire department.
After January 1, 2000, a parcel of residential property which is equipped with
bedroom security bars may not be transferred/sold within Oakland County if those bars do
not meet the safety standards which are set forth in Section 3(A)(2).
(C) After January 1, 2001, a unit of residential real property which is equipped
with bedroom security bars shall not be rented, leased or sub-leased if the security bars
do not meet the safety standards set forth in Section 3(A)(2).
(D) A person who violates Sections 3(A), 3(B) or 3(C) is guilty of a misdemeanor
and may be fined up to five hundred dollars ($500), or sentenced to confinement in a
Oakland County Jail facility for up to ninety (90) days, or both. The Oakland County
Sheriff shall further seek full restitution for the costs of incarceration.
(E) After January 1, 2000, a person may not occupy a unit of residential property
which is equipped with bedroom security bars unless there is at least one window in each
bedroom which is either not equipped with bars or the bars on at least one window in each
bedroom shall be equipped with both an inside release handle, and an outside key-release
which has been approved by the local fire department.
(B)
(F) The Chief of the Fire Department in each municipality in Oakland County or
his or her designees is authorized to issue an appearance citation to any occupant of a
residential property unit which is not in compliance with Section 3(E).
(G) The occupation of a residential unit which is not in compliance with Section
3(E) is a civil infraction, for which a person may be fined by the District Court in an amount
up to one hundred ($100) dollars for each day that the non-compliant occupancy
continues.
(H) The Oakland County Prosecuting Attorney is authorized to charge and
prosecute violations of Sections 3(A), 3(B), 3(C) of this ordinance upon complaint from any
fire department official.
Section 4. Home Rule Limitations
A home rule municipality within Oakland County may by local ordinance opt-out of
this ordinance, or may adopt an ordinance pursuant to its home rule powers which
addresses this subject matter.
Section 5. Effective Date
This ordinance shall take effect on January 1, 2000. Adopted by the Oakland
County Board of Commissioners on MARCH 9, 2000 .
Resolution #00016 January 27, 2000
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
Resolution #00016 March 9, 2000
Moved by Taub supported by Coleman the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Coleman the resolution be adopted.
Moved by Taub supported by Coleman the resolution be amended to coincide
with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Colasanti, Coleman, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Patterson, Sever,
Suarez, Taub, Appel, Buckley, Causey-Mitchell. (21)
NAYS: Dingeldey, Palmer, Amos. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on March 9, 2000 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 940day March, 22190.
G. William Caddell, County Clerk