[HISTORY: Adopted by the City Council of the City of Canandaigua 12-13-1990 by Ord. No. 23-1990 (Ch. 8.16 of the 1997 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 494.
Fire prevention — See Ch. 714, Art. III.
It is the purpose of this chapter to protect and promote the health, safety and general welfare of the residents of the City of Canandaigua by reducing the number of avoidable alarms to emergency agencies. Avoidable alarms contributed to ineffective utilization of public safety manpower and equipment. In addition, avoidable alarms require emergency responses which may contribute to a high accident rate and delay responses to genuine emergencies. This chapter seeks to ensure that emergency communications facilities will be available to dispatch personnel for actual emergencies.
As used in this chapter, the following terms shall have the meanings indicated:
AVOIDABLE ALARMS
The activation of a fire alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner, user, custodian or lessee of a fire alarm system, or his employee or agent, or through any other cause which indicates that an emergency situation exists requiring an emergency response when, in fact, an emergency situation does not exist and the transmittal of that alarm occurs through telephone, municipal alarm system, private alarm system, home dialer or other means to the Fire Department or City or County Emergency Communications Center.
[Amended 1-5-2009 by Ord. No. 2008-024]
A. 
Avoidable alarms shall include, but not be limited to, the following:
(1) 
Waterflow alarms caused by normal changes in pressure of broken sprinkler heads or broken pipes.
(2) 
Alarms caused by malfunctioning alarm equipment; included are smoke detectors that are oversensitive, faulty wire connections and loose fire alarm devices.
(3) 
Alarms set off by normal cooking conditions.
(4) 
Alarms set off by guests or invitees or persons on the premises with knowledge of the building owner or lessee, or manager when said owner, lessee, or manager has failed to take reasonable steps to control the behavior of such guests, invitees or persons on premises by prohibiting conduct which would create avoidable alarms.
B. 
This chapter specifically exempts as avoidable alarms:
(1) 
Situations where a person reasonably believes an emergency exists.
(2) 
Violent conditions of nature such as hurricanes, tornadoes and earthquakes.
(3) 
Other conditions outside the control of the building or structure, owner or operator, user, custodian or lessee of an alarm system or his employee or agent, including but not limited to:
(a) 
Conditions such that an alarm system cannot be modified to exclude them as causes of activation and have the alarm system function to identify emergency conditions; or
(b) 
Conditions that are so rare that it is not reasonable to expect modifications; e.g., power failure lasting over 24 hours.
EXCESSIVE AVOIDABLE ALARMS
Where the fire alarm system activates avoidable alarms and thereby constitutes a public nuisance, is hereby deemed and determined to be excessive avoidable alarms.
[Amended 1-5-2009 by Ord. No. 2008-024]
FIRE ALARM SYSTEM
Any mechanical or electrical device which is designed or used for the detection of fire and which transmits a signal or message when activated. Fire alarm systems include, but are not limited to, direct dial telephone devices, alarm systems connected to the municipal fire alarm system and proprietary alarm systems. Devices which are not designed or used to send alarms that are intended to be received at the Fire Department or City or within this definition, nor are auxiliary devices installed by a telephone company or a cable television company to protect its systems which might be damaged or disrupted by this use of an alarm system.
[Added 1-5-2009 by Ord. No. 2008-024[1]]
A. 
Required. It shall be unlawful for a fire alarm system user to operate, own or maintain an alarm system, as defined by the terms of this chapter, without first obtaining a license as hereunder provided.
B. 
Authority to grant licenses. The City of Canandaigua, through its City Clerk, is hereby authorized to grant a revocable license to any fire alarm system user to own, lease, operate, maintain, install or modify an alarm system.
C. 
Applications for licenses. Applications for licenses shall be made as follows:
(1) 
A fire alarm system user utilizing a fire alarm system shall apply to the licensing authority for a license to own, lease or otherwise have such device on his or her premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Application for licenses for fire alarm system devices existing in premises on the effective date of this section must be made to the licensing authority within 30 days of the effective date. No such device may be installed on the premises of the owner or lessee, and no presently existing alarm device complying with the provisions of this chapter shall be modified after the effective date of this section prior to the licensing authority’s having issued a license to such owner or lessee. Such license need not be obtained on an annual basis but shall be obtained each time a device or system is to be installed or modified.
D. 
Confidentiality. The information required on the license application shall be treated as confidential and shall not be made available to members of the general public. The City finds that the release of such information would constitute an unwarranted invasion of personal privacy and could endanger the life or safety of persons at the premises where a fire alarm system is located. The information on a license application shall be used by the City only for public safety purposes and shall not be available through the Freedom of Information Law.[2]
[2]
Editor's Note: See 5 U.S.C. § 551 et seq.
E. 
License fee. There shall be no annual license fees, except that fire alarm systems that are directly monitored by the City of Canandaigua Fire Department through the King-Fisher alarm transmission system shall pay a monthly fee, which fee shall be set annually by resolution of the City Council.
[Amended 1-6-2011 by Ord. No. 2010-015]
[1]
Editor's Note: This ordinance also repealed former § 240-3, Fire alarm system upkeep. See now § 240-4B.
[Amended 1-5-2009 by Ord. No. 2008-024]
A. 
Persons working on and around fire alarm systems are expected to take reasonable care during operations to prevent unwanted fire alarms from being transmitted, thus causing an unnecessary emergency response.
B. 
All fire alarm systems shall be maintained in a proper operating condition, free from excessive false alarms and responsive to potentially dangerous fires.
Every person maintaining a fire alarm system capable of causing Fire Department response to a building or structure shall maintain on the premises and available to responding emergency personnel a list of names and telephone numbers of persons to be notified to render repairs or service and secure the premises during any hour, which shall be placed in a Fire Department approved lock box at ground level adjacent to the main entrance to the building. In lieu thereof, such person may maintain such information with the Fire Department and the Police Department.
No person shall permit conditions which cause or shall otherwise cause excessive avoidable alarms in any fire alarm system in any building or structure within the City of Canandaigua or any area for which fire control service must be provided by the City of Canandaigua.
A person controlling a fire alarm system shall notify the Fire Department or other agency subject to receive direct communication of a fire alarm prior to any service test, repair, maintenance, adjustment, alteration or installation which might activate an avoidable alarm.
[Amended 5-3-2007 by L.L. No. 1-2007; 1-5-2009 by Ord. No. 2008-024]
A. 
Avoidable alarm charges. Each fire alarm system user shall pay to the City a charge for each and every avoidable alarm to which the City responds, in each calendar year, as follows:
Number of Avoidable Alarms
Penalty
First two avoidable alarms each calendar year
No charge
Third avoidable alarm each calendar year
Fee set by resolution of City Council
Each additional false alarm
Fee set by resolution of City Council
(1) 
The Fire Chief or his or her representative shall notify the fire alarm system user of any avoidable alarm charges by mail. Within 30 days of such notice, the fire alarm system user may appeal to the City Manager by showing proof to demonstrate that the alarm was not an avoidable alarm. The City Manager shall have 15 business days to determine the appeal.
(2) 
Should the fire alarm system user fail to pay any and all avoidable alarm charges within the 30 days of receipt of notice or receipt of appeal denial, whichever is later, the Fire Chief shall certify to the City Treasurer the amount of the charges; and said charges shall become a lien upon the property, shall be included in the next tax bill rendered to the owner of the property unless paid before, and shall be collected in the same manner as other taxes against the property.
(3) 
Additionally, should the fire alarm system user fail to pay any and all charges within 30 days of receipt of notice or receipt of appeal denial, whichever is later, the Fire Chief shall notify the City Clerk to suspend the fire alarm system user’s license. Such license shall not be reinstated until all such charges are paid in full.
(4) 
Further, should the fire alarm system user accumulate more than 10 avoidable alarms in any calendar year, the Fire Chief may notify the fire alarm system user by mail that his or her license is terminated. Within 30 days of such notice, the fire alarm system user may appeal to the City Council by showing proof to demonstrate that the alarms were not avoidable alarms. The City Council shall have 45 days to determine the appeal.
B. 
Any violation of this chapter, including excessive avoidable alarm(s), failure to notify the proper authorities prior to commencing work on the fire alarm system, and/or failure to maintain a currently correct list of contact persons, shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both, for each such violation.