Numerous persons currently transmit fire alarms to the Municipality
by one or more various means referred to as "systems" in this article.
By transmitting fire alarms to the Municipality, such persons engage
in a relation with the Municipality, which relation imposes reciprocal
duties, responsibilities and obligations on such persons. The number
of false alarms transmitted by these fire alarm systems is troublesome,
burdensome and costly to the Municipality, its Fire Department, its
fire-fighting personnel and its taxpayers. A need exists to curtail
such false alarms. Local regulations by way of this article will serve
to do so.
The purpose of this article is to provide for regulation of
the installation, operation and maintenance of certain fire alarm
systems within the Municipality, to regulate related conduct, to provide
for enforcement and to provide administrative charges and other effective
sanctions for false alarms and penalties for violations of this article.
As used in this article, the following terms shall have the
meanings indicated:
An independent alarm-monitoring system which has not been
disapproved by the Bureau of Fire Prevention as capable of verifying
alarms, identifying actual fire alarms and distinguishing them from
noise, movement, radiation, other kinds of emanations and signals
and other kinds of alarms and which has agreed, in writing, with the
enforcing agency to retransmit only verified fire alarms and only
to the fire communications central dispatch.
A device which emits an audible signal from the premises
the device is designed to protect.
A device connected to an independent alarm-monitoring firm
or entity and requiring further telephone communication for fire response.
A device which, when actuated, causes a recorded message
to be transmitted, via telephone, to the Municipality's designated
fire communications central dispatch requesting fire response.
Elk Township Fire Department, Bureau of Fire Prevention.
Either a signal, message or warning transmitted to the Municipality's
fire communications central dispatch indicating a fire condition,
or an emission of an audible, visual or electronic transmission of
any signal, message or warning intended to summon the services of
fire-fighting personnel or apparatus, which signal, message or warning
is activated by a cause other than one for which the transmitting
system is specifically designed to respond, at a time when no fire
exists.
Performs installation, service, repair and/or maintenance
on a fire alarm system and its component parts and is certified by
the Division of Fire Safety, State of New Jersey.
Any mechanical, electrical or electronic device which is
designed or used for alerting others about the existence of any condition
requiring the response of fire personnel and which emits and/or transmits
a signal or message to one or more locations off the premises when
actuated. Alarm systems include, but are not limited to, direct-dial
alarms, audible alarms, central station alarms and subscriber alarms.[1]
The Gloucester County Emergency Response Center and such
other future agency as the Municipality may utilize.
Any duly appointed line officer of the Elk Township Fire
Department.
The duly appointed Fire Marshal pursuant to municipal ordinances;
manages the daily affairs of the enforcing agency (the Bureau of Fire
Prevention).
[Amended 6-7-2012 by Ord. No. O-6-2012]
Inhabited by one or more individuals, whether on a continual
or an occasional basis, and includes times when no individual is upon
or within premises occasionally inhabited.
An individual, corporation, partnership or other entity.
The Elk Township Police Department.
The Township of Elk in the County of Gloucester.
The procedure of initiating telephone contact upon receipt
of a fire alarm with the protected premises to ascertain whether the
fire alarm is authentic or is caused by accidental activation or alarm
equipment failure or malfunction. If telephone contact by the approved
central station with the protected premises cannot be made within
four telephone rings, or if telephone contact is made but authentication
of a fire alarm cannot be made within 45 seconds, then the approved
central station shall immediately retransmit the fire alarm to the
fire communications central dispatch.
[1]
Editor's Note: The former definition of "Fire Chief," which
immediately followed this definition, was repealed 6-7-2012 by Ord.
No. O-6-2012.
A.
Every person intending to install or cause to be installed, whether
upon his premises or upon the premises of another, a fire alarm system
within the Municipality shall file with the applicable enforcing agency,
upon a form provided by the enforcing agency, an application for a
certificate of registration for the fire alarm system. Each application
shall include at least the following information and such additional
information as the enforcing agency may prescribe:
(1)
The name, street address, mailing address and telephone number of
the applicant.
(2)
A description of the place where the fire alarm system is to be installed,
including the street address and the location within the building.
(3)
The name, address, and telephone number of the person who will install
the fire alarm system.
(4)
The name, address and telephone number of the person who will maintain
and service the fire alarm system. A copy of every service agreement
and every maintenance agreement shall be furnished to the enforcing
agency before a certificate of registration will be issued.
(5)
The name, residential addresses and residential telephone numbers
of at least two persons living in the County of Gloucester or Salem
who will respond upon notification to alarms outside of usual business
hours.
B.
The certificate of registration for the system will be issued by the enforcing agency when the following items in Subsection B(1), (2) and (3) have been delivered to the enforcing agency and Subsection B(4) shall have been completed:
(1)
Evidence of approval of the application or evidence of a construction
permit issued for the relevant building by the Municipal Code Enforcement
Marshal or Construction Marshal.
(2)
A certificate from the installer of the fire alarm system that the components and the system are listed by a recognized agency; the components are compatible with each other; the system has been properly installed and tested by certified technicians; the system is functioning properly in all respects; and the installer has a maintenance or service contract with the owner of the system. A copy of the contract shall have been furnished as provided in Subsection A(4) hereof.
(3)
A written agreement by the owner of the system with the enforcing
agency that the owner will properly maintain the system or, upon proper
order of the enforcing agency, disconnect the portion of the system
which transmits any fire alarm beyond the owner's premises, and keep
in force a valid maintenance or service contract with a New Jersey
Division of Fire Safety certified fire alarm service company.
(4)
Review and approval of the system plans, operation and installation
by the enforcing agency.
(5)
Documentation that all competent staff and family members have been
trained by the fire alarm installer in the operation of the fire alarm
system, including knowledge of keypad entry codes, passwords, restoring
or resetting the system after an alarm, procedures for placing the
system in test and precautions to avoid a false alarm.
(6)
Proof of an active telephone land line at the protected premises
separate from any telephone circuit utilized for transmitting alarm
signals.
(7)
Effective January 1, 2006, all persons engaged in the installation
or service of fire alarms systems, kitchen fire-suppression systems,
fire sprinkler systems and special-hazard fire-suppression systems
shall be certified pursuant to the provisions of N.J.A.C. 5:73-2.3(d).
(8)
Every fire alarm system installer, contractor, alarm service company
or licensed electrician maintaining fire alarm systems in the Township
of Elk shall provide to the Fire Marshal a list of systems maintained
in and/or monitored within the Township of Elk. Said list shall include
the name and address of the customer, the name of the monitoring company
and the last date on which the system received its annual service.
Said list shall be provided on or before January 1 of each year.
[Amended 6-7-2012 by Ord. No. O-6-2012]
C.
A fire alarm system, its components and devices that are installed,
maintained and monitored in accordance with the applicable standards
published by the National Fire Protection Association, as are approved
by the enforcing agency, may be deemed by the enforcing agency to
be in compliance with the requirements for certification if it complies
in all other respects with this article.
D.
Failure to have and keep in force a valid maintenance or service
contract shall be cause for the enforcing agency to cancel or withdraw
a certificate of registration.
A.
This article applies with equal force and effect to all fire alarm
systems which have been or will be installed, operated or otherwise
placed in service within the Municipality effective from the date
of this article's adoption.
B.
Neither an application nor a certificate of registration or adherence
to the regulations adopted herein is required for any existing fire
alarm system, except as follows:
(1)
A fire alarm system in an inhabited building upon and after the receipt
of the first false alarm which does not meet the regulations as adopted
herein. The application for a certificate of registration shall be
filed with the Fire Marshal in accordance with the requirements of
this article.
[Amended 6-7-2012 by Ord. No. O-6-2012]
(2)
A fire alarm system which is to be expanded, reduced, modified or
replaced.
(3)
A fire alarm system in an existing building or other structure, including
all dwelling occupancies, prior to the transfer of ownership or title.
The timely application shall be the responsibility of both the transferor
and the transferee and shall also be a condition of continuing occupancy.
(4)
A fire alarm system which is required to be maintained in vacant
or otherwise noninhabited structures as provided in the New Jersey
Uniform Construction Code (N.J.A.C. 5:23-3.14) or the New Jersey Uniform
Fire Prevention Code (N.J.A.C. 5:70-3.1).
The enforcing agency shall:
A.
Be responsible for the administration and enforcement of this article,
including making reasonable on-site inspections and examinations of
buildings and other premises.
B.
Develop and promulgate regulations for the installation, maintenance,
service and monitoring of fire alarm systems.
C.
Develop and promulgate regulations for the operation of fire alarm
systems during construction, renovation, alteration and repair to
the premises at and for which they are located.
D.
Review and approve plans and specifications for the fire alarm systems
and their installations after such plans have been reviewed and approved
by the Municipal Fire Subcode Marshal.
E.
Pass on applications for fire alarm installations and issue certificates
of registration for fire alarm systems.
F.
Issue such oral and written orders as are necessary to carry out
the provisions of this article.
G.
Make, keep and maintain records of all fire alarm systems, applications
and certificates of registration, false alarms, regulations and changes
in regulations, orders issued and similar information necessary or
useful to the administration of this article.
H.
Investigate and ascertain the cause of all false alarms and maintain
records of the same.
I.
Bill for, pursue and receive payment of administrative charges.
J.
Establish criteria for the approval of central stations.
K.
Have discretion, in the event an investigation discloses a failure
by the fire alarm system owner to take timely and appropriate remedial
steps to avoid further false alarms or his disregard of related lawful
orders of the enforcing agency, after explicit written notice, hand
delivered, to the fire alarm system owner, or, in the event that the
owner is not present at the property, to such other person as is in
occupancy of the property, including the operator in control, in accordance
with the regulations in this article, with the consent of the respective
Fire Marshal, that the respective Fire Department not answer further
alarms caused by or originating from such fire alarm system until
such time as that system is recertified by the enforcing agency upon
submission of a completed application.
[Amended 6-7-2012 by Ord. No. O-6-2012]
L.
Issue, or cause to be issued, summons to the Municipal Court or such
other court as may have jurisdiction for failure to comply with the
provisions of this article.
No person shall:
A.
Turn in, make, cause or knowingly participate in a false alarm.
B.
Fail to make a timely application required by this article.
C.
Own, possess, operate or cause to be operated a fire alarm system
for which a certificate of registration has not been issued and is
not in good standing, to the extent one is required by this article.
D.
Operate or cause to be operated a fire alarm system:
(1)
In a location or manner, or in any other respect, prohibited or not
permitted by this article.
(2)
Which has previously transmitted a false alarm from an inhabited
building, until recertified by the enforcing agency upon submission
of a completed application.
(3)
Which has been expanded, reduced or modified or is a replacement
for a prior system, until certified by the enforcing agency upon submission
of a completed application.
(4)
Whose certificate of registration has been canceled or withdrawn
by the enforcing agency.
(5)
Which uses a smoke detector as a sensing device, wholly or partially,
and which is designed to transmit (or which in fact transmits) its
alarm signal to a destination other than an approved central station.
(6)
Which uses a carbon monoxide detector to transmit a fire alarm signal
to a destination other than the premises at which it is installed.
E.
Fail to comply with a lawful regulation or order of the enforcing
agency or fail to pay an administrative charge for a false alarm.
F.
Obstruct, hinder, delay or interfere by force with the enforcing
agency or its authorized representative in the exercise of any power
or the discharge of any function or duty provided by or reasonably
implied from this article.
G.
If he or she is the owner, tenant or such other person having a possessory
right to the subject building or other premises, fail after proper
request to permit the enforcing agency or its authorized representative
to have prompt entry to such building or other premises for the purpose
of lawful inspection or examination pursuant to this article.
A.
Upon the first false alarm during any calendar year, an order to
file an application for a certificate of registration and take corrective
action, in accordance with the provisions of this article, shall be
issued and served on the fire alarm system owner (and to any known
possessor or operator of the system, or known occupant of the premises
of the alarm system, if any of them is other than said owner).
B.
Upon receipt of a third false alarm during a calendar year, an administrative
charge shall be payable as provided under this article, and the enforcing
agency shall deliver to the fire alarm system owner (and to any known
possessor or operator of the system, or known occupant of the premises
of the alarm system, if any of them is other than said owner) a written
warning that the subject communicating device may be disconnected
upon receipt of any further false alarms or alarms.
C.
In the event that two or more false alarms are received during the
same thirty-day period, or twice within a twenty-four-hour period,
the Fire Marshal or fire officer in charge may order the disconnection
of the transmission apparatus from the particular fire alarm system
which has transmitted such false alarms, provided that the notice
procedures set forth in this article shall have been first complied
with.
[Amended 6-7-2012 by Ord. No. O-6-2012]
D.
In the event false alarm investigation reveals that the system does
not meet the standards, requirements or regulations prescribed in
this article, the Fire Marshal or fire officer in charge may order
the immediate disconnection of the alarm system from the fire alarm
transmission apparatus.
[Amended 6-7-2012 by Ord. No. O-6-2012]
E.
In the event evidence reveals that the cause of the alarm is the
failure of the registrant building owner's, tenant's or occupant's
alarm company or central monitoring station to take precautions to
prevent the transmission of alarms during testing, maintenance, service
or installation, the alarm company or monitoring company, as identified
as the entity responsible for the unwanted false alarm, shall be subject
to an administrative charge as provided in this article.
The provisions of this article shall not apply to:
A.
The general alerting alarms that may be used by fire companies, emergency
squads or emergency management agencies to summon responses of their
members.
B.
Alarm systems affixed to motor vehicles.
C.
Alarm systems installed in public buildings owned by the Township
of Elk or the Elk Township Board of Education.
A.
Single-family dwellings and two-family dwellings.
(1)
Upon a third false alarm during any calendar year, an administrative
charge of $50.
(2)
Upon a fourth false alarm during any calendar year, an administrative
charge of $100.
(3)
Upon a fifth false alarm and upon each subsequent false alarm during
any calendar year, an administrative charge of $200.
B.
(1)
Upon a third false alarm during any calendar year, an administrative
charge of $100.
(2)
Upon a fourth false alarm during any calendar year, an administrative
charge of $200.
(3)
Upon a fifth false alarm and upon each subsequent false alarm during
any calendar year, an administrative charge of $250.
C.
The administrative charge for alarm companies and central monitoring
station shall be $500 for each occurrence of alarm activation transmitted
to the Fire Department during testing, maintenance, service or installation.
A.
Any person violating any provision of this article shall, upon conviction,
be subject to any one or more of the following:
(1)
A fine, the amount of which shall be within the discretion of and
shall be fixed by the Municipal Court or other court or judicial officer
having appropriate jurisdiction, but which shall in no case be greater
in amount than that permitted by N.J.S.A. 40:49-5, as amended and
supplemented, and other applicable laws;
(2)
A period of community service, within the meaning and limits of and
as referred to in N.J.S.A. 40:49-5, as amended and supplemented, and
other applicable laws;
(3)
Both such a fine and such a period of community service; or
(4)
Those penalties set forth in N.J.S.A. 52:27D-198.3.
B.
All fines and court costs shall be payable to the Clerk of the Municipal
Court. All fines, exclusive of court costs, assessed as a result of
summonses issued by the Fire Marshal or fire inspectors of the respective
fire department will be paid thereafter by the Municipal Court Clerk
to the Bureau of Fire Prevention. All court costs and all fines assessed
as a result of summonses issued by anyone else shall be paid to the
Township Clerk by the Municipal Court Clerk.
