Safety First: Security Concerns with Commercial Property

Attorneys are often called upon by their clients to present a "worst case scenario" analysis to help them understand the risks they face. The events of last year provided a worst case scenario surpassing even the most outrageous hypothetical. Security experts agree, however, that for the majority of commercial buildings in the United States, the threat of a terrorist attack is remote.

Nevertheless, many buildings have taken steps to minimize their vulnerability. Curbside parking has been severely restricted or eliminated next to major buildings and, where possible, concrete barriers — sometimes taking the more pleasing form of enormous planters — have been erected to secure the perimeter. Some facilities are even evaluating their HVAC systems and are securing maintenance and mechanical areas that once seemed unimportant. As one consultant says, "It might be as simple as putting a lock on something that didn't have one."

Still, a property manager has a greater likelihood of facing a more conventional emergency such as fire, power outage, workplace violence or property theft. It makes sense to focus efforts on everyday security concerns with an awareness of what is at stake. Owners and managers must strike the right balance between the cost of increased security and the probability of the threat.

The first recommendation of any security consultant will be to perform a full evaluation and vulnerability assessment that pinpoints the biggest security needs. Consider the nature of the building, the tenants, and the neighboring properties. Is there anything controversial, political, or research driven? Does the property stand out because of its location or design? This step will probably be the least expensive, but may also be the most effective in developing an effective security plan.

Remember to include parking structures in any security plan. Whether located under the building or connected to the building by walkway, the parking garage may serve as the point of entry for the majority of daily visitors to a facility. Other points of entry, such as loading docks and service entrances, may also represent points of vulnerability. Many landlords have also evaluated the vulnerability of their air intake and ventilation systems.

After a thorough assessment, a formal security plan should be drawn up. The key to an effective plan is communication and acceptance by all tenants and employees, which can be strengthened through awareness programs, periodic newsletters, etc. A successful plan must also be sensible. Requiring people to stand in long lines every day before entering the building could eventually cause them to try to circumvent the system.

When the time comes to implement new procedures and technologies, consider:

• READINESS PROCEDURES. Many facilities managers are conducting more frequent fire and evacuation drills. Building owners and managers may want to meet with a representative of their city's emergency management services department to exchange information.
• TIGHTER VENDOR SECURITY. Establish identification requirements, check-in procedures, and request employee background checks.
• ACCESS CONTROL SYSTEMS. These run the gamut in expense and complexity from simple turnstiles and revolving doors to keypad entry systems, card access, and biometric identification (fingerprint and retinal scans).
• INTRUSION DETECTION SYSTEMS. Options include closed circuit television and electronic sensors such as motion detectors and magnetic door contacts.
• HIGH AND LOW SECURITY. Includes upgrades such as metal detectors, X-ray machines, and protective barriers. The owners of some "trophy" properties are using canine teams to detect explosives.

The most effective security program will integrate technology with well-trained security personnel, educated employees, and periodic drills. For additional assistance with your security program, consult The Building Safety Assessment Guidebook and The Building Safety Enhancement Guidebook, both available from the Council on Tall Buildings and Urban Habitat (www.ctbuh.org).
  

For further information on this topic, please contact Beth Tiggelaar at beth.tiggelaar@strasburger.com.

     
STRASBURGER & PRICE, LLP  •  DISCLAIMER
Articles contained within this newsletter provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel.