[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 3-13-1989 by L.L. No. 1-1989 (Ch.
94 of the 1983 Code); amended in its entirety 3-8-1999 by L.L. No. 1-1999. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Fire and
Burglar Alarm Permit Law."
It is the purpose of this chapter to protect
and promote the health, safety and general welfare of the residents
of the Town/Village of East Rochester by reducing the number of avoidable
alarms to emergency agencies. Avoidable alarms contribute to ineffective
utilization of public safety manpower and equipment. In addition,
avoidable alarms require emergency responses which may contribute
to high accident rates and delay responses to genuine emergencies.
This chapter seeks to ensure that police and fire communications facilities
will be available to dispatch police and fire personnel for actual
emergencies and to alleviate the nuisance of audible alarms to the
surrounding community. Another purpose of this chapter is to contact
responsible people to notify them of the activation of the alarm.
This chapter also requires registration of alarm businesses and subscribers
with them regarding the administration of this chapter.
For the purpose of this chapter, certain words
and phrases shall be construed herein as set forth in this section,
unless it is apparent from the context that a different meaning is
intended.
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any fire alarm system or
burglar alarm system or causing to be sold, leased, maintained, serviced,
repaired, altered, replaced, moved or installed any fire alarm system
or burglar alarm system in or on any building, structure or facility.
Any person whose duties include installing, maintaining,
repairing, altering, servicing or replacing a fire alarm system or
burglar alarm system in or on any building, structure or facility.
A person who perfects an appeal pursuant to this chapter.
A person, firm or corporation who or which filed an application
for a new or renewal permit as provided in this chapter.
A device which generates an audible sound on the premises
when it is actuated.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian or lessee of any alarm system or his employees or
agents or through any other cause which, through direct connection
to an emergency agency or through notification of an emergency agency
by a private answering point or automatic dialing device or through
notification to an emergency agency by any other second party or means,
indicates that an emergency situation exists requiring an emergency
response within the Town/Village of East Rochester when in fact an
emergency situation does not exist. An avoidable alarm also includes
knowing or intentional activation of an alarm to an emergency agent
when the activator knows that an emergency does not exist. An avoidable
alarm does not include alarms activated by violent conditions of nature,
such as earthquakes, hurricanes, tornadoes or any other similar cause
beyond the control of the user of an alarm system. Activation of an
alarm system under any circumstances in which the activator reasonably
believes that an emergency situation exists is not an avoidable alarm.
Any mechanical or electrical device which is designed or
used for the detection of any unauthorized entry into a building,
structure or facility or used for alerting others to the commission
of an unlawful act. A burglar alarm system emits a sound or transmits
a signal, message or warning to the Police Department to which police
officers are expected to respond.
A calendar day.
Any mechanical or electrical device which is designed or
used for the detection of fire and which emits sound or transmits
a signal or message when activated. Fire alarm systems include but
are not limited to direct-dial telephone devices, audible alarms and
proprietor. Devices which are not designed or used to register alarms
that are audible, visible or perceptible outside of the protected
building, structure or facility are not included within this definition,
nor are auxiliary devices installed by the telephone company or a
cable television company to protect its system which might be damaged
or disrupted by the use of an alarm system.
The Fire Marshal of the Town/Village of East Rochester or
his deputy.
Written notice, given by personal service upon the addressee
or given by United States Mail, postage prepaid, addressed to the
person to be notified at his last known address. Service of such notice
shall be effective upon the completion of personal service or upon
the placing of the same in the custody of the United States Postal
Service.
Any alarm business which shall be granted a permit as provided
herein and its agents and representatives.
A natural person, firm, partnership, association or corporation.
The Police Chief of the Town/Village of East Rochester or
his deputy.
Any person who owns, leases, contracts for or otherwise obtains
a fire alarm system or burglar alarm system. A person or entity may
be both a subscriber and an alarm business.
The Town/Village of East Rochester.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Fire Marshal may prescribe minimum standards
and regulations for the construction and maintenance of all fire alarm
systems installed within the Town/Village, and the Police Chief may
prescribe minimum standards and regulations for the construction and
maintenance of all burglar alarm systems installed within the Town/Village.
These standards and regulations shall become effective upon adoption
thereof by resolution of the Town/Village Board of Trustees. All devices
shall meet or exceed such standards and regulations before permits
may be issued pursuant to this chapter. The Fire Marshal and Police
Chief may require inspection and approval of all alarm systems installed
within the Town/Village. The Fire Marshal and Police Chief may prescribe
a certification form to be completed by permittees certifying that
a fire alarm system or burglar alarm system has been inspected and/or
maintained by the permittee and the fire alarm system or burglar alarm
system conforms to said minimum standards. Installation of fire alarm
systems shall comply with NFPA 72 or other applicable generally accepted
standards in effect at the time of installation.
A.
Every subscriber maintaining an audible alarm shall
post a notice containing the names and telephone numbers of the persons
to be notified to render repairs or service and secure the premises
during any hour of the day or night that the alarm is actuated. Such
notice shall be posted near the alarm in such a position as to be
legible from the ground level adjacent to the building where the alarm
system is located. In lieu thereof, such person may maintain such
information with the Fire Marshal and Fire District in the case of
fire alarm systems or the Police Department in the case of burglar
alarm systems.
B.
Fire Department officers or any peace officer may
disable an activated alarm, and neither the Fire Department nor such
official shall be liable for any damage that may result.
Every alarm installer or business engaged in
the maintenance and servicing of alarm systems shall be able to respond
to the location of the alarm installation within one hour after receipt
of the request for his or its presence at said location by a Fire
Department or Police Department official.
The fire alarm permit or burglar alarm permit
shall be kept on the premises where the alarm system is located. The
Fire Marshal or Police Chief may issue an appropriate permit identification
tag and establish requirements for its posting.
No person shall engage in, conduct or carry
on an alarm business without first applying for and receiving a license
therefor in accordance with the provisions of Article 6-D of the General
Business Law.
No person shall engage in, conduct or operate
as an alarm installer unless he is first registered with the Fire
Marshal, in the case of fire alarm systems, or the Police Chief, in
the case of burglar alarm systems, on the roster of an authorized
alarm business. Such registration shall be invalid if the alarm agent
leaves the employ of said alarm business.
A.
No person shall possess or use a fire alarm system
without first applying for and receiving a fire alarm permit therefor
in accordance with the provisions of this chapter.
B.
No person shall possess or use a burglar alarm system
without first applying for and receiving a burglar alarm permit therefor
in accordance with the provisions of this chapter.
Permits shall be required for alarm systems
located in buildings of federal, state or local governmental agencies
or authorities or in public elementary or secondary schools, and said
alarm systems shall meet the other requirements of this chapter, including
liability for civil penalties for its violation; provided, however,
that such alarm systems shall be exempt from permit fees, and no other
provisions shall be made directing the use of such alarm systems,
nor shall they be discontinued nor shall their permits be suspended
or revoked.
Whenever any change occurs relating to the written information required by § 91-15 of this chapter, the applicant or permittee shall give written notice thereof to the Fire Marshal, in the case of fire alarm systems, and the Police Chief, in the case of burglar alarm systems, within 20 days after such change.
The issuing authority shall be the Fire Marshal
for fire alarm systems and the Police Chief for burglar alarm systems.
The approving authority shall be the Fire Marshal
for fire alarm systems and the Police Chief for burglar alarm systems.
Applications for all permits required hereunder
shall be filed with the Fire Marshal, in the case of fire alarm systems,
or the Police Chief, in the case of burglar alarm systems, and shall
be accompanied by the requisite fee. The fee is established to cover
part of the cost of investigating and processing the applications
and permits and is not refundable. The Fire Marshal and Police Chief
shall prescribe the form of the application and request such information
as is necessary to evaluate and act upon the permit application. The
application for a fire alarm system or burglar alarm system shall
require the name, address and telephone number of the person who will
render service or repairs during any hour of the day or night.
The permit shall be denied by the Fire Marshal, in the case of fire alarm systems, or the Police Chief, in the case of burglar alarm systems, if the alarm system does not comply with standards and regulations adopted pursuant to § 91-4 of this chapter. Said permit shall be issued to the person owning, using or possessing the fire alarm system or burglar alarm system. Said permit shall be revoked 90 days after the conveyance of the premises on which the fire alarm system or burglar alarm system is located unless a permittee shall certify that the fire alarm system or burglar alarm system has been inspected and/or maintained by the permittee after said conveyance and it conforms to the standards and regulations adopted pursuant to § 91-4.
A.
The Fire Marshal shall review the applications for
all permits required to be issued under this chapter for fire alarm
systems. The decision of the Fire Marshal shall be final.
B.
The Police Chief shall review the applications for
all permits required to be issued under this chapter for burglar alarm
systems. The decision of the Police Chief shall be final.
The final determination of the Fire Marshal
or Police Chief may be appealed pursuant to Article 78 of the Civil
Practice Law and Rules.
[Amended 5-14-2001 by L.L. No. 1-2001]
The fee for an alarm system permit shall be set by the Town/Village Board of Trustees from time to time by resolution. Each permit shall expire one year after issuance. Applications for renewals of permits shall be renewed only upon the certification by a permittee that the fire alarm system or burglar alarm system has been inspected and/or maintained by the permittee within the past 90 days and it conforms to the standards and regulations adopted pursuant to § 91-4. The fee for renewal of such permit shall be set by the Town/Village Board of Trustees by resolution.
The following shall constitute grounds for suspension
and revocation of the alarm system permit of a subscriber:
A.
The violation of any of the provisions of this chapter;
C.
Where his fire alarm system or burglar alarm system
actuates excessive avoidable alarms and thereby constitutes a public
nuisance, which shall be deemed to be three avoidable alarms in any
period of 180 days;
D.
Where the subscriber, his employee or agent has knowingly
made any false, misleading or fraudulent statement of a material fact
in the application for a permit or in any report or record required
to be filed with any Town/Village agency;
E.
Where the subscriber has had a similar-type permit
previously revoked for good cause within the past year, unless the
applicant can show a material change in circumstances since the date
of revocation;
F.
Where a subscriber has failed to keep his alarm systems
in good repair; or
G.
Where a subscriber has failed to notify the Police
Department, Fire District, Monroe County Fire Dispatcher and any party
who would receive direct communication of an alarm prior to any service,
test, repair, maintenance, adjustment, alteration or installation
which might actuate an avoidable alarm. For the purposes of these
standards and regulations, any alarm actuated where such prior notice
has been given shall not constitute an avoidable alarm.
A.
The Fire Marshal or his designee, in the case of fire
alarm systems, or the Police Chief or his designee, in the case of
burglar alarm systems, shall investigate written reports of each alleged
avoidable alarm or alleged violations of other provisions of this
chapter. Notice of said written report alleging violation shall be
given to the subscriber.
B.
The person alleged in violation of this chapter shall
be given notice of the investigation and an opportunity to be heard
during the investigative process. The Fire Marshal or Police Chief
may hold a hearing if, in his sole discretion, it is deemed appropriate.
C.
Upon completion of his investigation, the Fire Marshal
or Police Chief shall make a determination, which shall be final.
The Fire Marshal or Police Chief shall give notice of said decision
to the person alleged to be in violation and to the party who made
the report which initiated the investigation.
D.
A final determination of the Fire Marshal or Police
Chief may be appealed pursuant to Article 78 of the Civil Practice
Law and Rules.
A.
If a person is found to be in violation of this chapter,
the Fire Marshal, in the case of fire alarm systems, or the Police
Chief, in the case of burglar alarm systems, shall serve the person
determined to be in violation with a written order of suspension.
Said order shall be effective immediately, if personally served, or
three business days after the same has been deposited in the United
States Postal Service.
B.
Immediately upon such an order becoming effective,
the person in violation shall discontinue use of any alarm system
requiring a permit issued pursuant to this chapter and cease all operations
conducted under the authority of any permit issued pursuant to this
chapter.
C.
The Fire Marshal, in the case of fire alarm systems, or the Police Chief, in the case of burglar alarm systems, may reinstate an alarm system permit upon receipt of the certification that the fire alarm system or burglar alarm system has been inspected and/or maintained subsequent to the issuance of the order of suspension and a further certification from a permittee that it conforms to the standards and regulations adopted pursuant to § 91-4 of this chapter.
A.
The order of suspension shall, if the permit is not
reinstated, become a revocation 15 days after the order of suspension
becomes effective, unless the subscriber or permittee initiates an
appeal from the determination of the Fire Marshal or Police Chief.
B.
Where an appeal has been initiated, the order of suspension
shall be stayed pending the determination of said appeal.
If any permit is revoked pursuant to this chapter,
the subscriber or permittee shall surrender said permit to the Fire
Marshal, in the case of a fire alarm system, or the Police Chief,
in the case of a burglar alarm system.
The provisions of this chapter shall not apply
to:
A.
A person who engages in the manufacture or sale of
a fire alarm system or burglar alarm system from a fixed location
and who neither visits the location where the fire alarm system or
burglar alarm system is to be installed nor designs the scheme for
physical location and installation of the fire alarm system or burglar
alarm system in a specific location.
B.
Audible alarms affixed to automobiles.
In addition to other provisions of this chapter,
persons in violation thereof shall be liable for civil penalties as
follows:
A.
Failure to have an alarm system permit: $100 for each
violation; provided, however, that until one year from the effective
date of this chapter said penalty shall be deemed waived if the subscriber
obtains an alarm system permit within 10 days of notification of the
violation.
All remedies shall be cumulative, and the use
of one or more remedies by the Town/Village shall not bar the use
of any other remedy for the purpose of enforcing the provisions of
this chapter. The amount of any fee shall be deemed a debt to the
Town/Village of East Rochester. An action may be commenced in the
name of the Town/Village of East Rochester in any court of competent
jurisdiction for the amount of any delinquent permit fee or civil
penalty. All permit fees shall be due upon issuance of the permit.
A.
Information contained on applications for permits
required under this chapter shall be confidential.
B.
Records of avoidable alarms of subscribers shall be
deemed to be confidential.
C.
Records of avoidable alarms on the equipment of any alarm business shall be indexed under the alarm business which installed and/or certified it to be in conformance with the standards and regulations adopted pursuant to § 91-4 of this chapter. Said records shall be available to the public.
D.
All information on applications pertaining to avoidable
alarms shall not be deemed confidential insofar as it is necessary
to conduct any litigation under this chapter or to be provided to
appropriate officials for fire protection or police protection purposes.
E.
The Fire Marshal, in the case of fire alarm systems,
and the Police Chief, in the case of burglar alarm systems, shall
retain all records regarding applications, avoidable alarm reports,
investigations and all other data necessary for compliance with this
chapter.
