It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Town of South Bristol by
reducing the number of avoidable alarms to the fire and emergency medical
services agencies. Avoidable alarms contribute 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 fire and
emergency medical services agencies will be available for actual emergencies
and to alleviate the nuisance of false alarms to the surrounding community.
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:
ALARM SYSTEM INSTALLER
Any person whose duties include installing, maintaining, repairing,
altering, servicing or replacing a fire alarm system in or on any building,
structure or facility.
APPELLANT
A person who perfects an appeal pursuant to this chapter.
AUDIBLE ALARM
A device designed for the detection of fire which generates an audible
sound on the premises when it is activated.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner, user, custodian or lessee
of an 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 of South Bristol when in fact an emergency situation
does not exist. An "avoidable alarm" also includes the knowing or intentional
activation of an alarm to an emergency agency when the activator knows that
an emergency does not exist. "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 circumstance in which the activator
reasonably believes that an emergency situation exists is not an "avoidable
alarm."
EMERGENCY MEDICAL ALARM SYSTEM
Any mechanical or electrical device which is designated or used to
transmit a signal or message that emergency medical personnel, equipment and/or
an emergency ambulance is needed.
FIRE ALARM SYSTEM
Any mechanical or electrical device which is designated or used for
the detection of fire or smoke and which emits a 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 alarms. 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 systems
which might be damaged or disrupted by this use of an alarm system, nor are
battery-operated or hand-wired devices designed or used solely to detect fire
and smoke and alert occupants where such devices do not register an automatic
signal to a fire department or service that, in turn, alerts the fire department.
FIRE MARSHAL
The Fire Marshal of the Town of South Bristol or his deputy, as may
be from time to time appointed by the Town Board.
NOTICE
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.
PERSON
A natural person, firm, partnership, association or corporation.
REMOTE AUTOMATIC ALARM
Any device installed in or on any structure within the Town of South
Bristol for the purpose of detecting the presence of an intruder or of smoke
or fire and which is capable of communicating an alarm or signal by electronic,
telephonic or other means to a receiver maintained by any fire or emergency
medical services agency or by any state or local government or by an agency
or subdivision thereof.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains an
alarm system. A person or entity may be both a "subscriber" and an alarm business.
The Fire Marshal may prescribe minimum standards and regulations for
the construction or maintenance of all alarm systems installed within the
town. These standards and regulations shall become effective upon adoption
thereof by resolution of the Town Board of the Town of South Bristol. All
systems must be installed to meet minimum standards as may be promulgated
from time to time by the National Fire Protection Agency (NFPA). The regulations
shall provide that the alarm system must be repaired within twenty-four (24)
hours of the occurrence of an avoidable alarm that is caused by mechanical
malfunction.
Every person 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 activated. 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, Town of South Bristol.
[Amended 3-23-1993 by L.L.
No. 2-1993]
A. From and after the effective date of this chapter, no
person shall engage in the business of installing security or fire alarm systems
or hold himself out as being able to do so within the Town of South Bristol,
Ontario County, New York, unless such person is duly qualified and currently
licensed pursuant to the provisions of Article 6-D of the General Business
Law of the State of New York.
B. Any person who shall have such license suspended or revoked
pursuant to Article 6-D of the General Business Law shall be thereafter prohibited
from selling or installing such systems until reinstatement of such license.