[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 6-19-2001 by Res. No. 24-01. Amendments noted where
applicable.]
A.
The
purpose of this chapter is to encourage alarm users and alarm businesses
to maintain operational reliability and to properly use alarm systems
to reduce and/or eliminate false alarm dispatch requests.
B.
This
chapter governs systems intended to summon police, fire and/or emergency
medical response, requires permits, establishes fees, provides for
penalties for violations, establishes a system of administration and
sets conditions for suspension or loss of permits.
C.
The
False Alarm Reduction Unit is established under the Calvert County
Department of Public Safety. The unit may hereinafter be referred
to as "FARU."
As used in this chapter, the following terms shall have the
meanings indicated:
Any business, by an individual, partnership, corporation
or other entity, which engages in one or more of the following: sells,
leases, maintains, monitors, repairs, services, replaces, alters,
moves, installs, sells at retail, or responds to an alarm system at
an alarm site.
A license issued by the Calvert County FARU Administrator
to a business allowing alarm installation and monitoring, which will
hereinafter be referred to as "ABL."
A notification to the Calvert Control Center that an alarm,
either manual or automatic, has been activated at a particular alarm
site.
The activation of an alarm system.
A single premise or location served by an alarm system or
systems. Each tenancy, if served by a separate alarm system in a multi-tenant
building or complex, shall be considered a separate alarm site.
Any mechanical or electrical equipment, device, or series
of devices, including, but not limited to, systems interconnected
with radio frequency signals, which is designed to discourage unauthorized
entry or other illegal and/or criminal activity or detect smoke, fire,
heat and/or water flow, by emitting or transmitting a remote or local
audible, visual, or electronic signal indicating an alarm condition.
"Alarm system" does not include:
Any owner or lessor of any alarm system, the occupant of
any dwelling unit with an alarm system, each tenant that uses an alarm
system in a multi-tenant building, and any person, firm, partnership,
corporation, government or other entity which uses an alarm system
at an alarm site.
Verification from the alarm company that there is no emergency
and there is no further need to respond. A cancellation code will
be given to the monitoring company to be used for cancellation of
personnel.
A certificate issued to an alarm user certifying that the
alarm system has been registered with the Calvert County FARU Administrator,
which will hereinafter be referred to as "CR."
An alarm dispatch request to the police, fire or emergency
medical services when emergency responders find no evidence of medical
need, a criminal offense or an attempted criminal offense or, after
completion of a timely investigation of the alarm site, the senior
fire officer determines there is no evidence to support activation
of the fire alarm system. An alarm dispatch request, which is canceled
by the alarm business or the alarm user prior to arrival on the scene,
shall not be considered a false alarm dispatch.
Commonly known as "FARU Administrator," means a person designated
by the Calvert County Commissioners to supervise the False Alarm Reduction
Unit and to administer, control and review alarm applications, certificates
of registrations and alarm dispatch requests.
A program authorized by the FARU Administrator of Calvert
County for purposes of educating alarm users about the responsible
use of their alarm systems and problems created by false alarm dispatches.
A silent alarm signal generated by the deliberate activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The process by which an alarm business receives signals from
alarm systems and relays an alarm dispatch request to the Calvert
County Communications Center for the purpose of summoning police,
fire and/or emergency medical services response to the alarm site.
Any alarm user, monitored or unmonitored, not defined elsewhere.
The deliberate activation of an audible alarm intended to
signal a life-threatening or emergency situation requiring response.
An individual, corporation, partnership, association, organization
or similar entity.
The transaction or process by which an alarm user takes over
control of an existing alarm system that was previously controlled
by another alarm user.
An attempt by the alarm business or its representative to
contact the alarm site by telephone or other electronic means, whether
or not actual contact with a person is made, before requesting police,
fire and/or emergency medical services dispatch in an attempt to avoid
an unnecessary alarm dispatch request.
A.
No
alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid CR issued by the Calvert County
FARU Administrator. A separate CR is required for each alarm site.
B.
The
application for a certificate of registration is to be filed by the
alarm business servicing the alarm and must be submitted to the FARU
Administrator within 10 business days after the alarm installation
or alarm takeover.
C.
Upon
receipt of a completed application form, the FARU Administrator shall
issue a CR to an applicant unless the applicant has:
D.
Any
false statement of a material matter made by an applicant for the
purpose of obtaining a CR shall be sufficient cause for refusal to
issue a CR.
E.
A
CR cannot be transferred to another person. An alarm user shall inform
the FARU Administrator, in writing, of any change that alters any
information listed on the CR application within 10 business days or
the CR will not be honored.
F.
All
fees owed by an applicant must be paid before a CR may be issued.
G.
Proprietary
alarm holders must possess a CR if the alarm user will be requesting
alarm dispatch.
A CR shall expire December 31 of each year and must be renewed
annually by submitting an updated application to the FARU Administrator.
The FARU Administrator shall notify each alarm user of the need to
renew 30 days prior to the expiration of his or her CR. It is the
responsibility of the alarm business and the alarm user to submit
an application prior to the CR expiration date. Failure to renew will
be classified as use of a nonpermitted alarm system and citations
and penalties may be assessed without waiver, unless the FARU Administrator
has been notified in writing that the alarm system is no longer in
use.
A.
If
an alarm system installed by an individual tenant in an apartment
complex unit is monitored, the tenant must provide the name of a representative
of the apartment owner or property manager who can grant access to
the apartment to the alarm business which is providing the monitoring
service.
B.
A
tenant of an apartment complex shall also obtain a CR from the FARU
Administrator before operating or causing the operation of an alarm
system in the tenant's residential unit.
C.
For
purposes of enforcing this section against an individual residential
unit, the tenant is responsible for false alarm dispatches emitted
from the alarm system in the tenant's residential unit.
A.
If
the owner or property manager of an apartment complex provides alarm
systems in each residential unit as an amenity, then the owner or
property manager of the apartment complex shall obtain a CR for each
unit from the FARU Administrator.
B.
For
purposes of enforcing this section against an individual residential
unit, the tenant is responsible for false alarm dispatches emitted
from the alarm system in the tenant's residential unit.
C.
The
owner or property manager of an apartment complex shall obtain a separate
CR for any alarm system operated in a nonresidential area of the apartment
complex, including, but not limited to, common tenant areas and office,
storage and equipment areas.
A.
In addition to suspension or revocation pursuant to § 5-16, the FARU Administrator may suspend or revoke a CR if it is determined that:
B.
A
person commits an offense if he operates an alarm system during the
period in which his CR is suspended or revoked.
C.
Unless
there is independent verification that there is a crime, fire or medical
emergency in progress, appropriate emergency services of Calvert County
may refuse response to an alarm dispatch request at an alarm site
for which the CR is revoked.
D.
If
the CR is reinstated, the FARU Administrator may revoke the CR if
it is determined that four subsequent false alarm dispatches occur
within 60 days after the reinstatement date.
E.
If
the FARU Administrator denies the issuance or renewal of a CR, or
suspends or revokes a CR, he shall promptly send written notice of
his action and a statement of the right to an appeal to the alarm
user and the alarm business.
F.
FARU
Administrator may reinstate a suspended CR upon receipt of acceptable
evidence that the cause has been addressed and appropriate corrective
action has been taken.
A.
Any
person engaging in an alarm business to operate or install alarm systems
in Calvert County must apply to the Calvert County FARU Administrator
for an ABL. Such license application must be signed by either the
owner of the business for a sole proprietorship, one partner for a
partnership or a corporate officer for a corporation, and must be
approved by the Calvert County FARU Administrator.
B.
A
nonrefundable processing fee of $50 must accompany ABL applications.
A nonrefundable processing fee of $25 for a renewal must accompany
a renewal ABL application each year.
C.
Should
an alarm business license be suspended, revoked or denied, the alarm
business must notify, within 10 business days, by first class mail,
each of its alarm users that the alarm business is unable to request
the Calvert County Communications Center to dispatch to the user's
alarm system for the duration of the suspension, revocation or denial.
After suspension, revocation and or denial, the alarm business must
also provide the FARU Administrator, by first class mail, within 10
business days, a list containing the names and complete addresses
of the alarm business' licensed alarm users at that time.
(1)
If the alarm business license has been revoked or suspended, a reinstatement
fee of $100 must accompany a reinstatement application.
D.
A
licensed alarm business must not enter into a contract regarding its
business in Calvert County with any other alarm business that does
not have a valid Calvert County alarm business license.
E.
The
owner, partner or corporate officer of an alarm business must conduct
a criminal history background check on all employees of the alarm
business involved in the sale, installation, monitoring or maintenance
of an alarm system. The background check must cover the past seven
years.
F.
Any
registrant or applicant who requests a hearing to show cause why an
alarm business license should not be revoked or suspended, or the
license application should be granted or renewed, must include an
appeal filing fee of $25. Upon successful appeal, the reinstatement
fee will be waived.
G.
Any
alarm business not registered is subject to a fee of $150 per alarm
responded to, being serviced by that alarm business.
H.
It
is the responsibility of the alarm contractor to register all alarm
users they service. Any alarm, where the user is not registered, will
result in a fee to the alarm business of $150 per alarm. At time of
application for the ABL, registration forms for registering customers
will be provided. CR's must be submitted for all existing customers
within 30 business days of issuance of ABL. After initial registration
of an alarm business, CR's should be completed for all new customers
at time of sale and/or installation of an alarm system by an alarm
business and submitted to Calvert County FARU within 10 business days
of installation.
I.
It
is the responsibility of the alarm contractor to alert FARU within
10 days of any takeovers for which they are assuming responsibility.
In addition, it is the responsibility of the alarm contractor to alert
FARU within three days of any systems that they are releasing their
responsibility to monitor.
A.
Failure to comply with the provisions of § 5-8, Alarm business license requirements, will constitute grounds for denial, suspension or revocation of an alarm business license.
B.
False
statements to any of the questions contained in the alarm business
license application may constitute perjury. Perjury, fraudulent behavior,
or any violation of the conditions for the issuance of this license
will result in refusal of license or, if granted, in revocation or
suspension of it.
A.
An alarm user shall:
(1)
Maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarm dispatches;
(2)
Make every reasonable effort to respond or cause a representative
to respond to the alarm system's location within 15 minutes when notified
to deactivate an alarm system to provide access to or security for
the premises, or have a Knox Box available; and
(3)
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
B.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 15 minutes after being activated.
Water monitor gongs are exempt from automatic shutdown.
C.
An alarm user shall have a properly registered alarm business inspect
his alarm system after three false alarm dispatches in a one-year
period. The FARU Administrator may waive an inspection requirement
if he determines that the false alarm(s) were not related to a defect
or malfunction in the alarm system. After six false alarm dispatches,
the alarm user must have a properly registered alarm business upgrade
and/or modify the alarm system to be more false alarm resistant and/or
provide additional formal user training, as appropriate.
A.
An alarm business performing monitoring services:
(1)
Shall not request dispatch for emergency response during the first
week after installation of an alarm system but, rather, use that week
to train the alarm user on proper use of the alarm system unless extenuating
circumstances necessitate immediate requests for response as determined
by the FARU Administrator;
(2)
Shall report alarm signals by using telephone numbers designated
by the FARU Administrator;
(3)
Shall verify every alarm signal, except a duress, hold-up, or fire
alarm activation, before requesting emergency response to an alarm
signal;
(4)
Shall communicate alarm dispatch requests to the County in a manner
and form determined by the FARU Administrator;
(5)
Shall communicate verified cancellations of alarm dispatch requests
to the County in a manner and form determined by the FARU Administrator;
and
(6)
Shall ensure that all alarm users of alarm systems equipped with
duress alarms are given adequate training as to the proper use of
the duress alarm.
(7)
Must notify the alarm user in writing within 72 hours if a police,
fire or emergency medical services dispatch was requested to its alarm
location.
(8)
Shall be registered with the Maryland State Police and the Calvert
County FARU.
(9)
Shall register alarm users.
(10)
Must maintain a record of all calls soliciting dispatch, including
the time, date and location of the alarm and the name, address and
phone number of the alarm user. The record must also include the cause
of the alarm, if known, and the monitoring dispatcher's name and any
other information such as identification or employee number. This
record shall be current and shall be made available to the FARU Administrator,
if requested.
B.
Violation of any of the above will result in a fee as determined
in this chapter and/or not to exceed $150 per violation and/or suspension
or revocation of CR and/or ABL.
A.
Upon enactment of this chapter, alarm businesses shall not program
alarm systems so that they are capable of sending "one plus" duress
alarms. Alarm businesses may continue to report "one plus" duress
alarms received from alarm systems programmed with this feature prior
to enactment of this chapter. However, after enactment of this chapter,
when performing a takeover or conversion, an alarm business must remove
the "one plus" duress alarm capability from the alarm system being
taken over or converted.
B.
Upon enactment of this chapter, alarm businesses shall not install
a device for activating a hold-up alarm, which is a single-action
nonrecessed button.
C.
Every alarm system installed after enactment of this chapter must
be either Underwriters Laboratory (UL) CPO1 certified or better and
meet the following installation standards:
(1)
All alarm system equipment must be used only for the purpose intended
by the manufacturer, and installed per manufacturer specifications.
(2)
Every alarm system must have standby power sufficient to operate
the system in a non-alarm status (without being the cause of alarm
activation) for a minimum of four hours.
(3)
(4)
Every alarm system must be installed under National Electrical Code
(NEC) and UL 681 or manufacturer's standards.
(5)
Any door or window contact installed for the purpose of activating
the alarm system must be hermetically sealed if used on solid state
control panels.
(6)
Any residential alarm system with an audible alarm must have a sufficient
number of sound-generating devices to alert or awaken all normal hearing
occupants within the alarm user's premises that an alarm has been
activated.
(7)
Every alarm system using a digital communicator must have a proper
phone interface device as required by the Federal Communications Commission
(FCC), accessible to the alarm user, and mounted within a reasonable
distance from the control panel.
(8)
Any audible alarm must automatically silence the enunciator within
15 minutes after activation, except as provided by law.
(9)
Any panic or medical/emergency alarm activation must cause an audible
alarm.
(10)
Every alarm system must have a supervised standby power supply that
causes a local annunciation when standby power falls below the manufacturer's
recommended specifications.
(11)
All alarm systems' wiring must meet NEC standards and be a minimum
of 22 gauge, or meet manufacturer's specifications (whichever is the
higher standard). Wiring run through plenum ceilings or heat/return
ducts must be plenum rated.
(13)
An alarm business that installs an alarm system must have at each
alarm installation site at least one employee, to supervise the installation
of any alarm system, who has passed and maintains a minimum Level
1 Certification by the National Burglar & Fire Alarm Association,
Inc. (NBFAA) or equivalent training.
(14)
Any alarm business that installs an alarm system must provide the
alarm user with an installation certificate that must include the
following:
(a)
The alarm system has been installed as required by County law
and these regulations;
(b)
The person designated by the alarm user as responsible for alarm
system operation has received training sufficient to prepare the alarm
user to operate the system without false alarms caused by improper
operation; and
(c)
CR application has been filed with FARU Administrator to ensure
police, fire or emergency medical dispatch.
(15)
Any deviations from this standard must be provided in writing to
the FARU Administrator for approval.
D.
It is the responsibility of the alarm business and technician to
prevent false alarms during installation, system repairs, or system
service. Proper notification shall be made to the monitoring company
that the system is in a test mode to avoid dispatching law enforcement
personnel.
E.
No person shall install or use an alarm system or device that emits
or produces real or simulated smoke, fog, vapor or any like substance
that obscures vision. Use of this device will result in no police
or fire-rescue-emergency medical services action.
F.
No automatic dialing and prerecorded message alarm systems are to
be maintained, operated, connected or allowed to be maintained, operated
or connected which automatically dials police and/or fire-rescue-emergency
medical services personnel and then relays a prerecorded message reporting
a robbery, burglary or other emergency.
An alarm user shall maintain a set of written operating instructions
for each alarm system.
If there is reason to believe that an alarm system is not being
used or maintained in a manner that ensures proper operation and suppresses
false alarms, the FARU Administrator may require a conference with
alarm user and the alarm business responsible for the repair of the
alarm system to review circumstances of false alarms.
The administrator shall oversee the creation and implementation
of a False Alarm User Awareness Program. The program shall inform
alarm users of problems created by false alarm dispatches and provide
alarm users with materials and information on alarm systems.
Alarm businesses, users and CR holders shall be subject to civil
monetary penalties, warnings and suspension or revocation of CR or
ABL depending on the number of false alarm dispatches emitted from
an alarm system within any calendar year based upon the following
schedule:
|
FALSE ALARM RESPONSE FEE SCHEDULE
| ||
|---|---|---|
|
False Alarm Occurrence
|
Action(s) Taken
|
False Alarm Response Fee
|
|
1st
|
Written warning notice
|
$0
|
|
2nd
|
Written warning notice
|
$0
|
|
3rd
|
Written fee notice + Inspection of System Required
|
$25
|
|
4th
|
Written fee notice
|
$50
|
|
5th
|
Written fee notice
|
$75
|
|
6th
|
Written fee notice + modification/upgrade of system and/or additional
user training required
|
$100
|
|
7th
|
Written fee notice
|
$125
|
|
8th
|
Written fee notice + notification made to insurance carrier
|
$150
|
|
9th
|
Written fee notice + notification made to insurance carrier
|
$175
|
|
10th
|
Written fee notice + notification made to insurance carrier
|
$200
|
|
11th and up
|
More than 10 false alarms in a twelve-month period may be cause
for revocation of CR
|
$300
|
|
Nonpermitted alarm systems (whether revoked, suspended or never
acquired) will be subject to a citation and assessment penalty for
each false alarm occurrence in addition to any other penalties that
may apply.
|
$150
| |
|
Notes:
| |
|
A.
|
If an alarm user fails to pay his or her false alarm fee within
30 days of invoice or fails to appeal the false alarm fee within 30
days of invoice or has had more than 10 false alarm responses in any
calendar year, the False Alarm Reduction Unit may revoke the alarm
owner's certificate of registration, notifying the alarm owner of
the revocation, as well as provide notification of revocation to the
alarm business servicing the alarm and to the alarm owner's insurance
carrier. A court order may be pursued by the County Attorney for nonpayment
of fees and/or to have a chronically malfunctioning alarm system removed.
|
|
B.
|
A false alarm response fee may be waived if the alarm system
was activated by an act of God, including violent conditions of nature;
such as, blizzard, earthquake, high-intensity winds, extreme thunderstorms,
lightning, electrical surge, or other extraordinary circumstances
not reasonably subject to the control of the alarm business or alarm
user. The FARU Administrator may request a written report from a registered
alarm company representative, which details the reasons for the false
alarm.
|
|
C.
|
If alarm signals were caused by a malfunctioning alarm system
which caused two or more false alarms in a twelve-hour period and
the alarm user and the alarm business exercised their best efforts
to limit alarm signals caused by the malfunction, those false alarms
will be counted as 1 false alarm.
|
|
D.
|
The alarm business shall be issued the false alarm fee, in lieu
of the alarm user, if the officer responding to the false alarm determines
that an on-site employee of the alarm business directly caused the
false alarm. In this situation this will not be counted against the
alarm user.
|
|
E.
|
Alarm dispatch requests caused by actual criminal offense or
with evidence of a criminal attempt or by actual fire and/or heat-related
conditions should not be counted as false alarm dispatches.
|
|
F.
|
At the discretion of the FARU Administrator, waiver of a false
alarm fee may be granted upon presentation of a certification of inspection
to the FARU Administrator. This waiver may only be granted one time.
|
A.
An alarm user or alarm business may appeal the assessment of a fee,
suspension, or request reinstatement to the FARU Administrator. An
appeal fee of $25 must accompany the appeal. The filing of an appeal
with the FARU Administrator stays the assessment of the fee or suspension
until the FARU Administrator makes a decision. The alarm user shall
file a written appeal to the FARU Administrator by setting forth the
reasons for the appeal with 15 business days of the date of the written
fee notice. An alarm business may submit the request for review on
behalf of alarm user.
B.
A second level of appeal is available if the alarm user is still
not satisfied with the FARU Administrator's decision to the Calvert
County Director of Public Safety. The applicant shall file a written
request for a review, setting forth the reasons for the appeal, within
15 business days of the date of the written appeal result notice from
the FARU Administrator. An alarm business may submit the request for
review on behalf of an alarm user. Any user who requests an appeal
hearing must include a filing fee of $25.
C.
Filing of a request for appeal shall stay the action by the FARU
Administrator suspending or revoking a CR until the Calvert County
Director of Public Safety has completed a review. If a request for
appeal is not made within the fifteen-day period, the action of the
Calvert County FARU Administrator is final.
D.
The Calvert County Director of Public Safety shall conduct a hearing
and consider the evidence by any interested person(s). The Director
shall make a decision on the basis of the preponderance of evidence
presented at the hearing, including, but not limited to, evidence
that a false alarm dispatch was caused by a defective part that has
been repaired or replaced or that an alarm dispatch request was caused
by a criminal offense. Unless extended by mutual agreement of the
parties or for good cause as determined by the Director, the Director
must render a decision within 30 days after the appeal hearing has
been held. The Director shall affirm, reverse or modify the assessment
of the penalty. The decision of the Director is final.
A.
A person whose CR has been revoked may be issued a new CR if the
person:
(1)
Submits an updated application;
(2)
Pays, or otherwise resolves, all citations and penalties; and
(3)
Submits a certification from an alarm business that complies with
the requirements of this chapter stating that the alarm system has
been inspected and repaired (if necessary) by the alarm business.
Registration of an alarm system is not intended to, nor will
it, create a contract, duty or obligation, either expressed or implied,
of response. Any and all liability and consequential damage resulting
from the failure to respond to a notification is hereby disclaimed,
and governmental immunity as provided by law is retained. By registering
an alarm system, the alarm user acknowledges that police, fire-rescue-emergency
medical services response may be based on factors such as availability
of police and/or fire-rescue-emergency medical service units, priority
of calls, weather conditions, traffic conditions, emergency conditions,
and staffing levels.
A.
A person commits an offense if he violates by commission or omission
any provision of this chapter that imposes upon him a duty or responsibility
and, unless a different civil monetary penalty is provided for elsewhere
in this chapter, is subject to a civil monetary penalty of not more
than $500 for each offense.
B.
It shall be unlawful to continue to use the alarm system or to operate
an alarm business without payment of required fees or assessments
issued by this chapter.
C.
A court order will be obtained for nonpayment of any fees as described
in this chapter.
