As used in this section, below listed words and terms shall have the
following meanings:
The Enforcement Official is the Fire Chief/Fire Marshal or his designated
representative.
The activation of any alarm or trouble signal which results in the
response of the Bureau of Fire caused by the negligence or intentional misuse
of the system by the owner or his employees, servants or agents, exclusive
of a fire alarm malfunction as defined below. An alarm is not considered a
false fire alarm if the alarm is activated due to malicious causes beyond
the control of the owner.
Activation of any alarm which results in the response of the Bureau
of Fire caused by mechanical failure, malfunction, improper installation or
lack of proper maintenance or any other response for which the Bureau of Fire
personnel are unable to gain access to the premises for any reason or are
unable to determine the apparent cause of the alarm activation.
A system including devices and equipment to detect a fire, activate
an alarm and/or suppress a fire. Without limiting the generality of the foregoing,
"fire alarm system" shall include any mechanical, electrical or radio-controlled
device which is designed to emit a sound or transmit a signal or message when
activated because of smoke, heat, fire or flow of water and shall be deemed
to include audible/visual alarms at the site of the installation of the detection
devices, proprietor alarms and automatic telephone direct dial devices or
digital alarm communicator systems. A single station smoke detector shall
not be deemed an alarm system.
Any person who inspects, installs, repairs or performs maintenance
on fire alarm systems and owns or is employed by a firm which is registered
as an alarm contractor and who is licensed to operate a business in the City
of Butler.
An assembly incorporating the detector, control equipment and alarm-sounding
device in one (1) unit operated from a power supply either in the unit or
obtained at the point of installation.
A.Â
Every person who installs, owns, leases, possesses or
operates any fire alarm system within the city shall notify the Enforcement
Official of the existence of said alarm system prior to the system being activated.
It shall be the sole responsibility of the licensed company which is installing
any fire alarm system to provide the system owner with a copy of the most
current City Alarm Ordinance, a Notice of Existing Alarm Form and a current
copy of Article 5, Fire Protection Systems, of the BOCA Fire Prevention Code.[1]
B.Â
Required information.
(1)Â
The Notice of Existing Alarm Form shall be completed
by the owner and forwarded to the Enforcement Official prior to the system
being activated. Notice to the Enforcement Official shall include the following
information:
(a)Â
The name(s), address(es), business and home telephone
numbers of the owner, lessee, operator, manager or person in possession of
the premises wherein the alarm system is installed.
(b)Â
The names(s), addresses and telephone numbers of a minimum
of two (2) persons who can be notified by the Enforcement Official in the
event of the activation of the alarm system, who shall be capable of responding
to the premises within thirty (30) minutes and who is authorized to enter
the premises to ascertain the status thereof.
(c)Â
The date of activation of the alarm system.
(2)Â
When any of the information required in § 98-3B(1)(a) or (b) has changed, it shall be reported to the Enforcement Official by the owner within fifteen (15) days of such change.
A.Â
The responsibility for a fire alarm activation shall be that of the owner of the premises in which the fire alarm system is installed. A response to an alarm activation shall result when any officer, or member of the Bureau of Fire shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. Upon arriving to an alarm activation, the Enforcement Official shall notify any person identified in the notice required pursuant to § 98-3 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the city shall charge the owner of the premises a fee as set forth in the City of Butler Fee Schedule, adopted from time to time by resolution of the City Council.[1] The officer or member of Bureau of Fire who responded to said
premises shall serve the owner or authorized representative a Fire Alarm Report.[2]
B.Â
In the event of a fire alarm activation deemed by the
Enforcement Official to be the result of a fire alarm malfunction, the owner
will be served a Fire Alarm Activation Report by an officer or member of the
Bureau of Fire indicating that the activation was deemed to be the result
of a fire alarm malfunction and requiring the owner to return a completed
Affidavit of Service/Repair within fifteen (15) days of said alarm activation
which can verify to the Enforcement Official that the fire alarm system in
question his actually been examined by a fire alarm technician and that a
bona fide attempt has been made to identify and correct any defect of design,
installation or operation of the fire alarm system which was identifiable
as the cause of the fire alarm malfunction. Failure to return an Affidavit
of Service/Repair within said fifteen-day period which is satisfactory to
the Enforcement Official will result in assessment against the owner of a
fine of not more than five hundred dollars ($500.) for the alarm malfunction.
A.Â
No fee shall be assessed for the first three (3) false
fire alarms at the same premises responded to by the Bureau of Fire during
each calendar year. Thereafter, the fees as set forth in the City of Butler
Fee Schedule,[1] adopted from time to time by resolution of the City Council, shall
be paid by the owner for each false alarm responded to by the Bureau of Fire
at the same premises during said calendar year.[2]
B.Â
After the fifth false alarm or alarm malfunction, or
any combination thereof, the owner shall appear at a scheduled meeting of
the Alarm Systems Review Board after he has received notice to appear. The
Alarm Systems Review Board may also request the alarm contractor which installed
or provides maintenance or service to the premises to appear before the Board.
The Enforcement Official shall send notice by certified mail, return receipt
requested, at least five (5) days prior to the next scheduled meeting.
C.Â
The Alarm Systems Review Board shall consist of three
(3) members consisting of the Safety Director, the Fire Chief and the Police
Chief.
D.Â
Once a false fire alarm or fire alarm malfunction has
been responded to by the Bureau of Fire, it shall be unlawful for the alarm
panel to be reset by the owner of the premises or his designee until the authorization
of the Enforcement Official has been obtained. Failure to comply with this
provision shall result in a fine to the owner of seventy-five dollars ($75.)
per offense.
E.Â
Should any fee assessed pursuant to this section remain
unpaid in excess of one hundred twenty (120) days from the date the charge
is billed, the owner shall be responsible for any legal fees or cost incurred
by the City of Butler in enforcement of this chapter.
