It is the purpose of this chapter to protect
and promote the health, safety and general welfare of the residents
of the City of Canandaigua by reducing the number of avoidable alarms
to emergency agencies. Avoidable alarms contributed 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 emergency communications facilities
will be available to dispatch personnel for actual emergencies.
As used in this chapter, the following terms
shall have the meanings indicated:
AVOIDABLE ALARMS
The activation of a fire alarm system through mechanical
failure, malfunction, improper installation, or the negligence of
the owner, user, custodian or lessee of a fire alarm system, or his
employee or agent, or through any other cause which indicates that
an emergency situation exists requiring an emergency response when,
in fact, an emergency situation does not exist and the transmittal
of that alarm occurs through telephone, municipal alarm system, private
alarm system, home dialer or other means to the Fire Department or
City or County Emergency Communications Center.
[Amended 1-5-2009 by Ord. No. 2008-024]
A.
Avoidable alarms shall include, but not be limited
to, the following:
(1)
Waterflow alarms caused by normal changes in
pressure of broken sprinkler heads or broken pipes.
(2)
Alarms caused by malfunctioning alarm equipment;
included are smoke detectors that are oversensitive, faulty wire connections
and loose fire alarm devices.
(3)
Alarms set off by normal cooking conditions.
(4)
Alarms set off by guests or invitees or persons
on the premises with knowledge of the building owner or lessee, or
manager when said owner, lessee, or manager has failed to take reasonable
steps to control the behavior of such guests, invitees or persons
on premises by prohibiting conduct which would create avoidable alarms.
B.
This chapter specifically exempts as avoidable
alarms:
(1)
Situations where a person reasonably believes
an emergency exists.
(2)
Violent conditions of nature such as hurricanes,
tornadoes and earthquakes.
(3)
Other conditions outside the control of the
building or structure, owner or operator, user, custodian or lessee
of an alarm system or his employee or agent, including but not limited
to:
(a)
Conditions such that an alarm system cannot
be modified to exclude them as causes of activation and have the alarm
system function to identify emergency conditions; or
(b)
Conditions that are so rare that it is not reasonable
to expect modifications; e.g., power failure lasting over 24 hours.
EXCESSIVE AVOIDABLE ALARMS
Where the fire alarm system activates avoidable alarms and
thereby constitutes a public nuisance, is hereby deemed and determined
to be excessive avoidable alarms.
[Amended 1-5-2009 by Ord. No. 2008-024]
FIRE ALARM SYSTEM
Any mechanical or electrical device which is designed or
used for the detection of fire and which transmits a signal or message
when activated. Fire alarm systems include, but are not limited to,
direct dial telephone devices, alarm systems connected to the municipal
fire alarm system and proprietary alarm systems. Devices which are
not designed or used to send alarms that are intended to be received
at the Fire Department or City or within this definition, nor are
auxiliary devices installed by a telephone company or a cable television
company to protect its systems which might be damaged or disrupted
by this use of an alarm system.
[Added 1-5-2009 by Ord. No. 2008-024]
A. Required. It shall be unlawful for a fire alarm system
user to operate, own or maintain an alarm system, as defined by the
terms of this chapter, without first obtaining a license as hereunder
provided.
B. Authority to grant licenses. The City of Canandaigua,
through its City Clerk, is hereby authorized to grant a revocable
license to any fire alarm system user to own, lease, operate, maintain,
install or modify an alarm system.
C. Applications for licenses. Applications for licenses
shall be made as follows:
(1) A fire alarm system user utilizing a fire alarm system
shall apply to the licensing authority for a license to own, lease
or otherwise have such device on his or her premises. The application
shall contain provisions relating to the device or system of devices
installed or to be installed on the premises. Application for licenses
for fire alarm system devices existing in premises on the effective
date of this section must be made to the licensing authority within
30 days of the effective date. No such device may be installed on
the premises of the owner or lessee, and no presently existing alarm
device complying with the provisions of this chapter shall be modified
after the effective date of this section prior to the licensing authority’s
having issued a license to such owner or lessee. Such license need
not be obtained on an annual basis but shall be obtained each time
a device or system is to be installed or modified.
D. Confidentiality. The information required on the license
application shall be treated as confidential and shall not be made
available to members of the general public. The City finds that the
release of such information would constitute an unwarranted invasion
of personal privacy and could endanger the life or safety of persons
at the premises where a fire alarm system is located. The information
on a license application shall be used by the City only for public
safety purposes and shall not be available through the Freedom of
Information Law.
E. License fee. There shall be no annual license fees,
except that fire alarm systems that are directly monitored by the
City of Canandaigua Fire Department through the King-Fisher alarm
transmission system shall pay a monthly fee, which fee shall be set
annually by resolution of the City Council.
[Amended 1-6-2011 by Ord.
No. 2010-015]
[Amended 1-5-2009 by Ord. No. 2008-024]
A. Persons working on and around fire alarm systems are
expected to take reasonable care during operations to prevent unwanted
fire alarms from being transmitted, thus causing an unnecessary emergency
response.
B. All fire alarm systems shall be maintained in a proper
operating condition, free from excessive false alarms and responsive
to potentially dangerous fires.
Every person maintaining a fire alarm system
capable of causing Fire Department response to a building or structure
shall maintain on the premises and available to responding emergency
personnel a list of names and telephone numbers of persons to be notified
to render repairs or service and secure the premises during any hour,
which shall be placed in a Fire Department approved lock box at ground
level adjacent to the main entrance to the building. In lieu thereof,
such person may maintain such information with the Fire Department
and the Police Department.
No person shall permit conditions which cause
or shall otherwise cause excessive avoidable alarms in any fire alarm
system in any building or structure within the City of Canandaigua
or any area for which fire control service must be provided by the
City of Canandaigua.
A person controlling a fire alarm system shall
notify the Fire Department or other agency subject to receive direct
communication of a fire alarm prior to any service test, repair, maintenance,
adjustment, alteration or installation which might activate an avoidable
alarm.
[Amended 5-3-2007 by L.L. No. 1-2007; 1-5-2009 by Ord. No.
2008-024]
A. Avoidable alarm charges. Each fire alarm system user
shall pay to the City a charge for each and every avoidable alarm
to which the City responds, in each calendar year, as follows:
|
Number of Avoidable Alarms
|
Penalty
|
|
First two avoidable alarms each calendar year
|
No charge
|
|
Third avoidable alarm each calendar year
|
Fee set by resolution of City Council
|
|
Each additional false alarm
|
Fee set by resolution of City Council
|
(1) The Fire Chief or his or her representative shall
notify the fire alarm system user of any avoidable alarm charges by
mail. Within 30 days of such notice, the fire alarm system user may
appeal to the City Manager by showing proof to demonstrate that the
alarm was not an avoidable alarm. The City Manager shall have 15 business
days to determine the appeal.
(2) Should the fire alarm system user fail to pay any
and all avoidable alarm charges within the 30 days of receipt of notice
or receipt of appeal denial, whichever is later, the Fire Chief shall
certify to the City Treasurer the amount of the charges; and said
charges shall become a lien upon the property, shall be included in
the next tax bill rendered to the owner of the property unless paid
before, and shall be collected in the same manner as other taxes against
the property.
(3) Additionally, should the fire alarm system user fail
to pay any and all charges within 30 days of receipt of notice or
receipt of appeal denial, whichever is later, the Fire Chief shall
notify the City Clerk to suspend the fire alarm system user’s
license. Such license shall not be reinstated until all such charges
are paid in full.
(4) Further, should the fire alarm system user accumulate
more than 10 avoidable alarms in any calendar year, the Fire Chief
may notify the fire alarm system user by mail that his or her license
is terminated. Within 30 days of such notice, the fire alarm system
user may appeal to the City Council by showing proof to demonstrate
that the alarms were not avoidable alarms. The City Council shall
have 45 days to determine the appeal.
B. Any violation of this chapter, including excessive
avoidable alarm(s), failure to notify the proper authorities prior
to commencing work on the fire alarm system, and/or failure to maintain
a currently correct list of contact persons, shall be punishable by
a fine not to exceed $250 or imprisonment not to exceed 15 days, or
both, for each such violation.