[Ord. No. 1500, § 1, 3-19-2008]
(a)
The purpose of this article is to encourage alarm users and fire
alarm contractors to properly install, use, and maintain fire alarm
systems in order to improve the reliability of such systems and thereby
reduce or eliminate false fire alarms.
(b)
This article governs the use of fire alarm systems intended to summon
the City of Holland Fire Department; allows for the assessment of
service fees; and provides for civil and criminal penalties.
[Ord. No. 1500, § 1, 3-19-2008]
(a)
ADOPTED CODE(S) — The 2006 International Fire Code as adopted,
in part, by the City of Holland.
(b)
ALARM USER — Any person, whether owner, occupant, or tenant,
upon whose premises a fire alarm system is maintained or operated
within the City of Holland.
(c)
DEPARTMENT — The City of Holland Fire Department.
(d)
ENFORCEMENT OFFICIAL — The City of Holland Fire Chief or his/her
designated representative.
(e)
FALSE FIRE ALARM — For the purposes of this article, the activation
of any fire alarm system not caused by heat, smoke or fire, resulting
in response by the Department. A false fire alarm includes, but is
not limited to, activation of a fire alarm system through any of the
following:
(1)
Negligent or intentional use or misuse of the system;
(2)
Mechanical failure;
(3)
Malfunction; or
(4)
Improper installation.
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A false fire alarm does not include an alarm caused by naturally
occurring weather, seismic or other condition; interruption of electrical
or telephone service to the alarm user; or malicious or criminal activity
by a third party who is not an agent, employee, resident or guest
of the alarm user.
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(f)
FIRE ALARM CONTRACTOR — Any individual, partnership, corporation
or other entity appropriately licensed as a fire alarm contractor
by the State of Michigan, State Electrical Administrative Board.
(g)
FIRE ALARM SYSTEM — Any device or equipment designed to signal
visibly, audibly, electronically, mechanically or by any combination
of these methods, the presence of a heat, smoke or fire hazard by
or through a communication to the Department and to which the Department
is trained to respond. The term "fire alarm system" does not include
an alarm designed to alert only the inhabitants of a premises.
(h)
LETTER FOR EXCESSIVE FALSE FIRE ALARMS — A notification provided
to an alarm user by the Department for two or more false fire alarms
within a twelve-month calendar year.
(i)
PREMISES — Any building or structure in which a fire alarm
system is installed.
(j)
QUALIFIED FIRE ALARM TECHNICIAN — Any person who inspects,
installs, repairs or performs maintenance on fire alarm systems and
is factory trained and licensed by the State of Michigan.
(k)
RECORD OF COMPLETION — The form required to be filed with the
Department pursuant to the National Fire Protection Association's
National Fire Alarm Code (NFPA 72).
(l)
REPORT OF CORRECTIVE MEASURES AGAINST IMPROPER USE — Documentation
in a format acceptable to the enforcement official that verifies the
alarm user has taken appropriate corrective measures to prevent future
improper use of a fire alarm system.
(m)
REPORT OF SERVICE/REPAIR — Documentation in a format acceptable
to the enforcement official that verifies proper repairs or maintenance
have been performed by both the fire alarm contractor and the alarm
user.
(n)
SERVICE FEE — The monetary charge payable to the City of Holland
to defray the expenses of implementing the purposes of this article
and the expenses of responding to false fire alarms.
[Ord. No. 1500, § 1, 3-19-2008]
[Ord. No. 1500, § 1, 3-19-2008]
(a)
If the Department records two or more false fire alarms at one premises
within a twelve-month calendar year, a letter for excessive false
fire alarms shall be mailed by first class mail to the alarm user
and any fire alarm contractor. Said notice shall direct the alarm
user to submit a report of service/repair and/or a report of corrective
measures against improper use within 15 calendar days of receipt of
said letter to the Department confirming that:
(1)
The fire alarm system has been examined by a qualified fire
alarm technician; and
(2)
A description of the bona fide attempt made to identify and
correct any defect of design, installation, operation, or misuse of
the fire alarm system which was identified as a possible cause of
the false fire alarm.
(b)
Failure of the alarm user to return a satisfactory report required by Subsection (a) herein within said fifteen-day period shall result in the imposition of a service fee for the current and each prior false fire alarm within the previous 12 months.
(c)
A service fee shall be assessed for the third and each subsequent
false fire alarm at the same premises requiring response by the Department
during any calendar year.
(d)
A fire alarm contractor, alarm user, or any other individual shall
not conduct testing or perform repair work on any fire alarm system,
sprinkler system or fire suppression system without first notifying
the Department that such testing or repair work is being performed.
Violation of this subsection shall result in the imposition of a service
fee.
(e)
False fire alarms activated by any components connected to the fire
alarm system shall be included in computing the total number of false
fire alarms for purposes of this article.
(f)
During the fifteen-day period after receipt of a letter for excessive
false fire alarms, any additional false fire alarms will not be counted
toward the present year's total false fire alarms, provided that the
provisions of Subsections (a)(1) and (2) above have been met.
[Ord. No. 1500, § 1, 3-19-2008]
(a)
A service fee required by this article may be imposed on an alarm
user 45 days after the date of installation of the fire alarm system
for existing buildings and 45 days after the date an occupancy permit
is issued to an alarm user for newly constructed buildings in which
a fire alarm system is installed.
(b)
Should any service fee assessed pursuant to this article remain unpaid
in excess of 30 days, a late fee shall be assessed and shall be payable
in addition to the original service fee.
(c)
The service fee and late fee established by this article shall be
calculated periodically based on employee labor rates, equipment costs
and the Department service costs and established by appropriate resolution
adopted by City Council.
[Ord. No. 1500, § 1, 3-19-2008]
If the provisions of this article conflict with any ordinance
or resolution previously adopted by the City, the provisions of this
article shall control.
[Ord. No. 1500, § 1, 3-19-2008]
In addition to any service fee, late fee or other sanction that may be imposed, any person who violates a provision of this article shall be guilty of a Class III municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of the Holland City Code, and shall be subject to any other relief that may be imposed by a court for such conduct, which shall also be considered a nuisance per se.
