[HISTORY: Adopted by the Town Board of the Town of South Bristol
8-8-1988 as L.L. No. 1-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 84.
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:
Any person whose duties include installing, maintaining, repairing,
altering, servicing or replacing a fire alarm system in or on any building,
structure or facility.
A person who perfects an appeal pursuant to this chapter.
A device designed for the detection of fire which generates an audible
sound on the premises when it is activated.
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."
Calendar day.
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.
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.
The Fire Marshal of the Town of South Bristol or his deputy, as may
be from time to time appointed by the Town Board.
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.
A natural person, firm, partnership, association or corporation.
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.
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.
A.
Prior to the sale and/or installation of any remote automatic
alarm system within the Town of South Bristol, a registration permit must
be obtained from the Town Clerk of the Town of South Bristol. The fee for
the issuance of this permit shall be as established from time to time by the
Town Board by resolution. The permit will require:
(1)
Property owner's name.
(2)
Address of the installation.
(3)
Nearest road intersection or landmark.
(4)
Type of alarm.
(5)
Public safety agency to be notified and telephone number
to be used.
(6)
Property owner name and address if the protected property
is not owner-occupied.
(7)
Name, address and phone number of alarm vendor and installer.
(8)
A permit application, obtained from the Town Clerk, must
be completed in its entirety and submitted to the Town Clerk by United States
Mail or during normal hours of business. After review of the application and
previous alarm activities by the Fire Marshal, action to grant or deny the
application will be made by the Fire Marshal. The applicant will be notified
of the granting or denial of the permit within three (3) days of the receipt
of the properly completed permit application.
B.
A copy of the approved subscriber permit will be forwarded
by the Town Clerk to the public safety agency providing protection for that
purpose for which this alarm is approved.
C.
In the event that an automatic alarm system is installed
prior to the effective date of this chapter and such system thereafter experiences
an avoidable alarm as herein defined, the owner of the premises at which such
avoidable alarm occurred must apply for a subscriber permit within fifteen
(15) days of the occurrence of such avoidable alarm.
A.
The following shall constitute violation of this chapter:
(1)
The violation of any of the provisions of this chapter.
(2)
The failure to comply with standards or regulations adopted
pursuant to this chapter.
(3)
Where his fire or emergency medical service alarm system
activates excessive avoidable alarms and thereby constitutes a public nuisance,
which shall be deemed to be three (3) avoidable alarms in any one-hundred-eighty-day
period.
(4)
A subscriber has failed to keep his alarm system(s) in
good repair.
(5)
A subscriber has failed to notify the appropriate fire
or emergency medical service agencies and any party who would receive direct
communication of an alarm prior to any service, test, repair, maintenance,
adjustment, alteration or installation which might activate an avoidable alarm.
For the purposes of these standards and regulations, any alarm activated where
such prior notice has been given shall not constitute an avoidable alarm.
B.
Authority. If the Fire Marshal shall find any violations
of this chapter, he shall have the authority to order the correction of such
violation within a time period designated by such order. If the violation
has not been corrected within the time set forth, he shall have the authority
to issue an appearance ticket charging the violation and mandating the person
so served to appear before a Town Justice to answer said charges.
C.
In addition to the penalties provided by law as set forth
in this chapter, appropriate proceedings may be brought in the name of the
town to enjoin and restrain the continued violation of this chapter.
D.
The person alleged in violation of this chapter shall
be given notice of the investigation and an opportunity to be heard during
the investigation process. The Fire Marshal may hold a hearing if, in his
sole discretion, it is deemed appropriate. Upon completion of his investigation,
the Fire Marshal shall make a determination which shall be final. The Fire
Marshal shall give notice of said decision to the party who made the report
which initiated the investigation.
E.
Procedure.
(1)
If a person is found to be in violation of this chapter,
the Fire Marshal 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 (3) business days after the same has been deposited
in the United States Postal Service.
(2)
Immediately upon such an order becoming effective, the
person in violation shall discontinue use of any alarm system.
A.
Penalties. In addition to other provisions of this chapter,
persons in violation thereof shall be liable for civil penalties as follows:
B.
Enforcement. All remedies shall be cumulative, and the
use of one (1) or more remedies by the town shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this chapter. The amount
of any civil penalty shall be deemed a debt to the town.
C.
The appropriate fire or emergency medical service agencies
shall report to the Fire Marshal the name, address and time of each avoidable
alarm within five (5) days of the occurrence of the avoidable alarm.
A.
Any person aggrieved by a determination of the Fire Marshal
shall have the right to appeal such determination to the Town Board. Such
appeal shall be made within thirty (30) days of the date of the determination
and shall be made upon such forms as may be established for that purpose by
the Fire Marshal and approved by the Town Board. During the pendency of the
appeal, all proceedings before the Town Justice shall be stayed.
B.
The Town Board shall conduct a public hearing not less
than ten (10) days after publication in the Special Town Paper of a notice
of public hearing and shall render its decision within thirty (30) days of
such public hearing. At such public hearing all interested persons may be
heard and given incidence, or statements may be submitted in writing.
C.
The Town Board may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination as in its
opinion ought to be made. The Town Board is empowered to authorize, upon appeal
in special cases, such variances from the terms of this chapter as will not
be contrary to the public interest. In granting any variance, the Town Board
may prescribe any conditions that it deems to be necessary or desirable to
preserve the public interest.
