[Ord. No. 3888 §1, 3-15-2010]
A.
The
purpose of this Chapter 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 nuisance alarms.
B.
This
Chapter governs the use of fire alarm systems intended to summon the
Berkeley Fire Department; requires registration of such systems; allows
for the assessment of service fees; and provides for civil penalties
with the Municipal Court.
[Ord. No. 3888 §2, 3-15-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The most recent adopted International Fire Code as amended by the City of Berkeley, Missouri, as found in Chapter 500 of the Municipal Code of the City of Berkeley.
Any person, whether owner, occupant or tenant, upon whose
premises a fire alarm system is maintained or operated within the
City of Berkeley.
The Berkeley Fire Department.
The Berkeley Fire Chief or designated representative.
Any individual, partnership, corporation or other entity
appropriately licensed as a fire alarm contractor by the State of
Missouri, Saint Louis County Electrical Administrative Board.
The documentation required by the Department to register
a 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 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.
A notification provided to an alarm user by the Department
for two (2) or more nuisance alarms. This warning notice will require
that the fire alarm system be inspected and/or serviced within fifteen
(15) days and that written documentation be submitted to the Department
certifying that the fire alarm system is in working order. Failure
to provide this written documentation will result in a service fee
for excessive nuisance alarms.
The activation of any fire alarm system not caused by heat,
smoke or fire, resulting in response by the Fire Department. A nuisance
alarm includes, but is not limited to, activation of a fire alarm
system through any of the following:
Negligent or intentional use or misuse of the system;
Mechanical failure;
Malfunction;
Improper installation; or
Tampering.
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A nuisance 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 (3rd) party who is not an agent or employee of the alarm
user.
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Any building, structure or combination of buildings and structures
in which a fire alarm system is installed.
Any person who inspects, installs, repairs or performs maintenance
on fire alarm systems and is factory trained and licensed by the State
of Missouri.
The form required to be filed with the Department pursuant
to the National Fire Protection Association's National Fire Alarm
Code (NFPA 72).
The appropriate 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.
The monetary charge payable to the City of Berkeley to defray
the expenses of implementing the purposes of this Chapter.
[Ord. No. 3888 §3, 3-15-2010]
A.
Registration Required. All newly installed fire alarm systems
shall be required to be registered at the time that a record of completion
is prepared, in accordance with adopted codes. The alarm user or his
duly authorized agent shall complete and deliver the fire alarm registration
in the required format to the Enforcement Official before the fire
alarm system is activated. For all existing fire alarm systems as
of the date of adoption of this Chapter, fire alarm registration shall
occur not later than one hundred eighty (180) days after the effective
date of this Chapter.
B.
Change In Registration Information. When any information
contained in the fire alarm registration form is no longer accurate
for any reason the alarm user shall re-register the fire alarm system
not later than fifteen (15) days after the alarm user becomes aware
of any such change, noting all necessary changes on said registration
form.
C.
Transferables Prohibited. Fire alarm registrations shall
not be transferable from one premise to another or from one alarm
user to another.
D.
Notice To Department Of Existence Of System — Notice To Alarm
User. Every fire alarm contractor shall notify the Enforcement
Official of the existence of a fire alarm system before the fire alarm
system is put into operation. It is the responsibility of the installing
fire alarm contractor to provide the alarm user with notice of the
existence of this Chapter, a fire alarm registration form and a copy
of the fire alarm system operation instructions in accordance with
adopted codes, as well as the manufacturer's instructions.
[Ord. No. 3888 §4, 3-15-2010]
The fire alarm registration shall be kept on the premises serviced
by the fire alarm system and shall be displayed upon request of the
Enforcement Official or a member of the Department.
[Ord. No. 3888 §5, 3-15-2010]
A.
Unless
otherwise stated herein, the alarm user shall be responsible for complying
with all provisions of this Chapter.
B.
The
alarm user or any person identified on the fire alarm registration
application shall appear at the premises upon request of the Department
when a fire alarm system has been activated.
[Ord. No. 3888 §6, 3-15-2010]
A.
Notification To Alarm User. If the Department records two
(2) or more nuisance alarms at one (1) premises within a twelve (12)
month calendar year, a letter for excessive nuisance alarm shall be
mailed by first class mail to the alarm user and any fire alarm contractor.
Said notice shall direct that the alarm user submit a report of service/repair
within fifteen (15) calendar days of receipt of said letter stating
that:
B.
No fee shall be assessed for the first (1st) nuisance alarm at the same premises requiring response by the Fire Department during any calendar year. For service fees, see Section 260.070.
C.
Failure
of the alarm user to return a satisfactory report of service/repair
to the Enforcement Official within said fifteen (15) day period shall
result in the imposition of a service fee.
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
Dispatch Center that such testing or repair work is being performed.
Violation of this Subsection shall result in the imposition of a service
fee.
E.
Nuisance
alarms activated by any components connected to the fire alarm system
shall be included in computing the total number of nuisance alarms
for purposes of this Chapter.
[Ord. No. 3888 §7, 3-15-2010]
A.
The
provisions of this Chapter shall not apply to any newly installed
fire alarm system for a period of forty-five (45) days from the date
of installation. In an existing building the forty-five (45) days
begin when the installation of the new system is completed. In new
construction the forty-five (45) days begin when the installation
of the system is completed and an occupancy permit is issued. The
provisions of this Chapter shall apply from and after the expiration
of the initial forty-five (45) day period following the issuance of
the occupancy permit and/or completed installation.
B.
Should
any service fee assessed pursuant to this Chapter remain unpaid in
excess of thirty (30) days, a late fee shall be assessed and shall
be payable in addition twenty dollars ($20.00) to the original service
fee.
C.
The
service fees established by this Chapter shall be calculated with
a twelve (12) month period:
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1st nuisance alarm
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No fee
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2nd nuisance alarm
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$50.00
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3rd nuisance alarm
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$75.00
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4th nuisance alarm
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$100.00
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5th or more nuisance alarm
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$200.00
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[Ord. No. 3888 §8, 3-15-2010]
If the provisions of this Chapter conflict with any ordinance
or resolution previously adopted by the City, the provisions of this
Chapter shall control.
[Ord. No. 3888 §9, 3-15-2010]
A violation of this Chapter shall be a civil infraction. Any
person failing to maintain fire alarm systems consistent with this
Section shall be subject to the penalty provided for violating the
Municipal Code. It shall be the duty of the Enforcement Official or
their designee to make complaint before the Municipal Judge against
all persons who fail to maintain the fire alarms system that is associated
with the premises or fail to pay service fees as required by this
Chapter. It shall be the duty of the Municipal Judge to summon such
owner or occupant of the premises before him/her to answer such complaint
of a violation of this Chapter and the Municipal Judge, upon such
complaint, shall have jurisdiction of the case and proceed in all
respects as in other cases of violation of City ordinance. Any person
who shall violate provisions of this Section or who shall fail to
comply with any of the requirements thereof shall be guilty of a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00)
or be imprisoned in the City or County Jail for a period not exceeding
ninety (90) days, or both such fine and imprisonment.
