[HISTORY: Adopted by the Town Board of the
Town of Cortlandt 4-17-1990 by L.L. No. 5-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 197.
The Town of Cortlandt recognizes the need to
regulate the installation, maintenance and use of emergency alarm
systems designed to require Police Department and Fire Department
response, investigation and safeguarding of property at the location
of an event reported by such signal. Such regulation will protect
and promote the health, safety and welfare of the residents of the
Town of Cortlandt. It is the further intent of this chapter to reduce
in number false alarms and to encourage the use and proper maintenance
of reliable emergency signal systems.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The written authorization of the County of Westchester granted to any person to engage in the business of installing and/or servicing police or fire alarm devices in the County of Westchester, pursuant to the provisions of Chapter 863, Article XV, of the Laws of Westchester County.
Any person, business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling a police or fire alarm device or devices, which person, business, firm, corporation or other commercial entity is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices, licensed pursuant to the requirements of Chapter 863, Article XV, of the Laws of Westchester County.
The written authorization of the Town of Cortlandt granted
to any person, business, firm, corporation or other entity to install,
maintain or cause to be installed or maintained in his place of residence
or business any police or fire alarm device, devices or system or
police or fire alarm devices.
Any facility operated by a private firm that owns or leases
a system of police or fire alarm devices, which facility is manned
by operators who receive, record or validate alarm signals to the
Police Department or Fire Department when appropriate.
Any signal actuated by a police or fire alarm device, devices
or system of police or fire alarm devices which is not the result
of natural disaster, act of God, criminal act, fire or other emergency
requiring police or fire response. The term "false alarm" shall include
human error and equipment malfunction causing the alarm to be activated
and which results in police or fire response.
The Department of Code Enforcement.
Any device which, when activated by a criminal act, fire
or other emergency, transmits a prerecorded message or other signal
by telephone, radio, central alarm station or audible or visible signal
designed to cause any person within audible or visual range to notify
the Police Department or Fire Department, requiring their respective
emergency response.
Any device which, when activated by a fire or smoke or other
emergency, is designed to alert only the occupants of the building
in which the smoke and/or heat detectors are installed of said emergency.
No person shall install, cause to be installed,
maintain or cause to be maintained in a structure, building or establishment
in the Town of Cortlandt, an external audible police or fire alarm
device which does not also contain an automatic cutoff system or feature
automatically cutting off the source of power to the alarm device
after it has sounded for a period of no longer than 15 minutes.
A.
Alarm license required. It shall be a violation of this chapter for any person to engage in the business of installing and/or servicing any police or fire alarm device without having obtained an alarm business license or alarm agent license from the County of Westchester licensing authority pursuant to Chapter 863, Article XV, of the Law of Westchester County.
B.
Alarm permit required. It shall be a violation of
this chapter for any owner or lessee of any police or fire alarm device
to install, maintain or cause to be installed or maintained in his
or her place of residence or business a police or fire alarm device
without having obtained an alarm permit from the Director of Code
Enforcement No alarm permit shall be issued by the Director of Code
Enforcement unless the proposed installer of the police or fire alarm
device is an alarm licensee and unless the police or fire alarm device
or devices proposed to be installed or maintained conform to the requirements
of this chapter. Notwithstanding the foregoing, where an applicant
applies for an alarm permit for a police or fire alarm device installed
prior to the effective date of this chapter, said application shall
not be denied solely on the basis of the fact that said device was
not installed by an alarm licensee. The application permit shall remain
in effect during the occupancy of the property by the applicant A
change in ownership of property shall require a new application for
an alarm permit.
All applications for alarm permits shall be
submitted to the Code Enforcement Department on a form to be supplied
by it Said application shall include a description of the police or
fire alarm device, devices or system of police or fire alarm devices
installed, maintained or to be installed and such other information
as shall be required by the Code Enforcement Department.
[Amended 8-17-1993 by L.L. No. 2-1993]
The initial fee for an alarm permit shall be
as set by resolution of the Town Board from time to time.
Under no circumstances shall the cost of any
police or fire alarm device, devices or system of police or fire alarm
devices, including any connections to the Police Department or Fire
Department and the maintenance of the same, be charged to the town,
the Police Department or the Fire Department The owner or lessee of
such police or fire alarm devices shall be solely responsible for
the service of his or her police or fire alarm devices and/or correcting
any malfunction of the same that may occur. If the location of the
Police Department or Fire Department should be changed, the town shall
not be held responsible for any expense incurred by the owner or lessee
of such police or fire alarm devices for moving or reconnecting to
the relocated Police Department or Fire Department. Direct connection
to the fire district fire alarm lines shall be regulated by the Fire
Commissioners of each district.
[Amended 2-11-1992 by L.L. No. 2-1992]
A.
The Police and Fire Departments having jurisdiction
in the Town of Cortlandt shall transmit a report of any false alarm
to the Director of Code Enforcement within 24 hours of the incident
A record of these incidents shall be kept by the Director of Code
Enforcement for each property; totals shall also be kept on an annual
basis.
B.
Upon his receipt of a report of a false alarm, the
Director of Code Enforcement will review the facts of the occurrence
and make a determination as to whether it was a false alarm. The Director
of Code Enforcement will give written notice to the property owner
if the alarm is determined to be a false alarm.
C.
The following shall be the civil penalties to be imposed
with respect to false alarms within the Town:
[Amended 5-16-2006 by L.L. No. 3-2006]
(1)
Residential properties: A civil penalty shall be imposed
by the Director of Code Enforcement for any false alarms occurring
within a six-month period in accordance with the following schedule:
|
Number of False Alarms
|
Civil Penalty
|
|---|---|
|
1
|
Warning
|
|
2
|
$100
|
|
3
|
$250
|
|
4 or more
|
$500
|
(2)
Commercial properties: A civil penalty shall be imposed
by the Director of Code Enforcement for any false alarm occurring
with respect to a commercial property within a calendar year in accordance
with the following schedule:
|
Number of False Alarms
|
Civil Penalty
|
|---|---|
|
1
|
Warning
|
|
2
|
$250
|
|
3 or more
|
$500
|
D.
Said civil penalty shall be paid within 20 days of the owner's receipt of a Notice of Determination from the Director of Code Enforcement. A failure to pay said penalty as provided for herein shall be deemed a violation of this chapter in accordance with the provisions of § 113-12 of this chapter.
E.
Upon an owner's receipt of a notice of determination,
the owner shall have the right to appeal the determination of the
Director of Code Enforcement. In order to appeal, the owner shall
file with the Director of Code Enforcement a written notice stating
that the owner wishes to appeal, and said notice shall be filed within
20 days following the owner's receipt of the Director's determination.
Pending the appeal, the payment of the civil penalty is automatically
stayed.
F.
The Alarm Appeals Board appointed by the Town Board
shall conduct a hearing upon 10 days' notice to all parties with respect
to any notice of appeal filed herein. At the hearing, the Director
of Code Enforcement will present such evidence as available to show
that the alarm was false. The owner will be afforded the opportunity
to present evidence and call witnesses. The Director must prove his
case by a preponderance of the evidence presented.
G.
The Town Board, on an annual basis, shall designate
an Alarm Appeals Board, which, upon filing its oath with the Town
Clerk, shall hold and conduct hearings as required. The Board shall
be comprised of the Town Engineer or his designee, the Chairman of
the Fire Advisory Board, a representative of the community, as well
as a representative of the alarm industry, which member shall not
have a vote and shall serve in an advisory capacity only.
H.
Should more than four false alarms occur in a six-month
period for residential properties and a one-year period for commercial
properties within any given calendar year, the Town Board, following
a hearing at which such owner or lessee may be present and present
evidence, may revoke the alarm permit of the owner or lessee of such
premises and order said owner or lessee to disconnect or dismantle,
or otherwise remove from the Police Department or Fire Department
and/or central alarm station or system of Police or Fire, alarm devices
causing such false alarms, at no expense to the Town. Failure by such
owner or lessee to comply with said order within 10 days of its issuance,
shall be deemed to be a violation of this chapter.
[Amended 5-16-2006 by L.L. No. 3-2006]
A.
The Director of Code Enforcement is hereby authorized
in grant revocable alarm permits pursuant to the rules and regulations
promulgated by the Town of Cortlandt or its duly authorized representative.
B.
All police and fire alarm permit fees and false alarm
charges shall be collected by the Director of Code Enforcement.
C.
It shall be the duty of the Director of Code Enforcement
to maintain a record of alarm permits issued and to make a monthly
report of the same to the Town Board, Police Chief and Fire Department
having jurisdiction.
In order to implement the orderly institution
of all the requirements of this chapter, the owners or lessees of
any police or fire alarm device, devices or system of police or fire
alarm devices currently in use and required under the provisions of
this chapter to obtain an alarm permit shall obtain said alarm permit
no later than 60 days from the effective date of this chapter. Any
police or fire alarm device, devices or systems of police or fire
alarm devices currently in use which would be prohibited under the
provisions of this chapter must be removed no later than 60 days from
the effective date.
A.
None of the provisions of this chapter shall apply
to police or fire alarm devices installed in town-operated buildings,
Fire Department-owned buildings, motor vehicles or trailers or to
smoke and/or heat detectors.
B.
The Town of Cortlandt shall take every reasonable
precaution that alarm signals and prerecorded alarm messages received
by the town are given appropriate and immediate attention.
C.
Nevertheless, the town shall not be liable for any
defects in operation of any police or fire device, devices or system
of police or fire alarm devices or alarm systems, for any failure
to respond appropriately on any alarm signal or for the transmission
of alarm signals or messages or the relaying of such signals or messages.
In the event that the town orders the disconnection or removal of
a police or fire alarm device or system of police or fire alarm devices
pursuant to the provisions of this chapter, the town shall incur no
liability therefrom.
[Amended 8-17-1993 by L.L. No. 2-1993]
Any person, business, firm, corporation or other
entity who or which does not pay any fee or charge established in
this chapter or who or which violates any provisions of this chapter
shall be guilty of a violation and punished by a fine not to exceed
$250 or up to 15 days in jail or by a civil penalty not to exceed
$1,000 for each offense. A separate offense shall be deemed committed
upon each day during which a violation occurs or is committed.
[Added 9-19-1995 by L.L. No. 7-1995]
A.
Purpose; findings; authorization. Experience shows
that when fire occurs in buildings, the Fire Department is faced with
entry into the structure, locating, confining, controlling and extinguishment.
Entry into the structure, in some cases, must be made by force, which
is time-consuming and demands extra energy to be exerted by fire-fighting
personnel. In order to expedite entry into the structure and to aid
the Fire Department in the task of extinguishment, the requirements
shall be considered authorized by the Town Board of the Town of Cortlandt
in accordance with the alarm users permit section.[1]
B.
Requirements.
(1)
All commercial occupancies served by an internal automatic
fire alarm or suppression system shall have a rapid-entry key lock
box installed.
(2)
The key lock box shall be located at or near the recognized
public entrance. The key lock box shall be located at a height of
not less than eight feet and not more than 12 feet above final grade.
(3)
No steps, displays, signs or other fixtures or structural
protrusions shall be located under the key lock box which would allow
intruders to access the box without assistance.
(4)
The key lock box shall be connected to the structure's
alarm system. The wiring connection of the key lock box shall be supervised
to provide a supervisory alarm signal to the central station in the
event that the key lock box is opened or removed from the wall.
(5)
The key lock box shall contain the keys for the following,
and the keys shall be labeled so as to be easily identified in the
field:
(a)
The main entrance door. Mixed occupancies and
strip shopping centers' keys shall be provided only for occupancies
where system control valves or a fire alarm system panel exists.
(b)
The alarm room (if one exists).
(c)
Mechanical rooms and sprinkler control rooms.
(d)
The fire alarm control panel.
(e)
Electrical rooms.
(f)
Resetting of pull-stations or other fire-protection
devices.
(g)
Elevators.
(h)
Other rooms as specified during the plans review
process or as required during a fire inspection.
(6)
There shall be minimum requirements for the key lock
box as outlined below.
(a)
The lock shall be a MEDICO Biaxial Level 7 or
equivalent.
(b)
Key vaults shall have the ability to be master
keyed.
(c)
Locks shall be designed for high resistance
to drilling, picking, punching or pulling.
(d)
Lock code and key section shall be unconditionally
restricted by the manufacturer for use by the Buchanan, Continental
Village, Croton, Montrose, Peekskill, Lake Mohegan and Verplanck Fire
Departments.
(e)
Locks shall be listed under U.L. 437, the standard
for safety key locks.
(f)
Rapid-entry systems shall offer key vaults under
U.L. 1610, the standard for central station alarm units for use with
U.L.-listed alarm systems.
(g)
Rapid-entry systems shall offer key vaults under
U.L. 1037, the standard for antitheft alarms and devices.
(h)
Official Underwriters Laboratories listing cards
shall be supplied upon request.
(i)
A fully inserted key shall withstand a minimum
of fifty-inch pounds torque.
(j)
Key vaults shall have weatherproof gasket seals
of neoprene material or better around openings.
(k)
Key vaults shall have covered lock openings
constructed of heavy-gauge steel designed to resist vandalism.
(l)
Key vaults shall have a minimum wall thickness
of 1/4 inch and a door thickness of one-half-inch plate steel.
(m)
Cabinet-style vaults for document storage shall
have a minimum wall and door thickness of one-eighth-inch plate steel
with an additional drill-resistant hard plate to protect the lock
mechanism.
(n)
Cabinet-style vaults for document storage shall
be available with two separate locks. The key to either lock shall
open the vault.
(o)
The Town of Cortlandt Code Enforcement shall
be in complete control of rapid-entry system authorization and operation.
(p)
The rapid-entry system shall utilize approved
signature(s) from the Town of Cortlandt Code Enforcement and the Chief
of the Fire Department whose Fire Department covers the structure.
There must be two signatures on the order form to the manufacturer.
One from Code Enforcement and the other from the Fire Department.
In the event that the Fire Chief is not able to sign the order form,
he may designate up to two alternates for the Fire Department's approval
of the order form.
(q)
The manufacturer at its factory shall maintain
U.L.-listed fireproof cabinets to protect the original records of
the order forms and related records.
(r)
The factory records shall include installation
locations, receiving party signature, Fire Department and Code Enforcement
authorized signatures and the original order form.
(s)
Order records shall be available upon request
for inspection by the Town of Cortlandt Code Enforcement or the Buchanan,
Continental Village, Croton, Montrose, Peekskill, Lake Mohegan and
Verplanck Fire Departments.
(t)
The Town of Cortlandt Code Enforcement or the
Buchanan, Continental Village, Croton, Montrose, Peekskill, Lake Mohegan
and Verplanck Fire Departments shall not be required to purchase or
sell rapid-entry system products.
(u)
The Buchanan, Continental Village, Croton, Montrose,
Peekskill, Lake Mohegan and Verplanck Fire Departments shall each
have separate master keys for their Fire Departments so each master
key will be unique to each Department. The Town of Cortlandt Code
Enforcement shall have a set of master keys for each Fire Department
so they can place keys and/or documents in the rapid-entry system
boxes.
(7)
Emergency response repository container units (lock
box).
(a)
General requirements. The owner or operator
of any facility which is required to prepare or have available a Material
Safety Data Sheet or an emergency and hazardous chemical inventory
form under Subtitle B, Sections 311 and 312, of Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA Title III) shall
provide a repository container (lock box) at the facility site as
set forth below.
[1]
The information contained in the repository
(lock box) shall include the following information for emergency response
personnel:
[a]
A current list of the key facility
personnel knowledgeable about safety procedures of the materials on
site, complete with the telephone numbers for each such person in
the event of an incident after normal hours of the facilities operation.
[b]
A current emergency and hazardous
chemical inventory form and a binder containing the Material Safety
Data Sheets (MSDS) or, in the event that the volume of MSDS sheets
is too great to keep practically in the repository container, the
location of the on-site MSDS sheets, and the MSDS sheets shall be
readily available for use by emergency response personnel.
[c]
A facility site plan which shall
include the following:
[i]
The location of storage and use
of hazardous materials on site.
[ii]
The location of on-site emergency
fire-fighting and spill cleanup equipment.
[iii]
A diagram of the complete sewer
system and water system showing fire hydrant and water main locations
and sizes.
[iv]
Any building floor plan deemed
necessary by the Code Enforcement and Fire Department official.
[2]
All keying shall be in accordance with the above
requirements of the minimum standards for key lock boxes.
