[Adopted 12-13-2010]
This article shall be known and may be cited as the "False Fire/Nuisance
Alarm Regulation."
A.
The purpose of this article is to encourage owners and fire alarm
businesses, as hereinafter defined, to properly use and maintain the
operational effectiveness of fire alarm systems in order to improve
the reliability of fire alarm systems and reduce or eliminate false
fire alarms and nuisance fire alarms.
B.
This article governs fire alarm systems intended to summon Fire Department
personnel and requires registration, requires assessment of fees for
excessive false fire alarms and nuisance fire alarms, provides procedures
for repeat offenders, provides for the severability of the parts hereof
if declared invalid, and provides an effective date.
C.
Authority. This article is adopted pursuant to the provisions of
§ 29-292, Connecticut General Statutes, and the code adopted
therewith, together with the provisions of §§ 7-148
and 7-282b of the Connecticut General Statutes.
As used in this article, the following words and terms shall
have the following meanings:
A code adopted by the Connecticut General Statute § 29-292.
A device that is designed to respond either manually or automatically
to smoke, fire, carbon monoxide, or activation of a fire-suppression
system.
The Putnam Fire Chief, the Fire Chief's designee, or,
in the absence of both the Putnam Fire Chief and the Fire Chief's
designee, the Fire Officer in charge of the Department at the time
of the incident.
The activation of any fire alarm system which results in
a response by the Fire Department and which is caused by the negligence
or intentional misuse of the fire alarm system by the owner, its employees,
or agents or any other activation of a fire alarm system not caused
by heat, smoke or fire, exclusive of a nuisance fire alarm.
The assessment of a monetary charge payable to the Town of
Putnam Special Service District, authorized pursuant to this article,
to defray the expenses of responding to a false fire alarm or nuisance
fire alarm.
A document issued by the Fire Chief indicating that the activation
was deemed to be the result of a fire alarm activation due to fire,
false fire alarm or nuisance fire alarm.
Any individuals, partnership, corporation or other entity
that is appropriately licensed in the State of Connecticut and installs,
causes to be installed, permits to be installed, alters, maintains,
repairs, replaces or services any fire alarm system.
A system or portion of a combination system, consisting of
components and circuits arranged to monitor and/or exterior-annunciate
the status of a fire alarm or supervisory signal-initiating device
and to initiate the appropriate response to those signals.
The Putnam Fire Chief, the Fire Chief's designee, or,
in the absence of both the Putnam Fire Chief and the Fire Chief's
designee, the Fire Officer in charge of the Department at the time
of the incident.
A Fire Chief-approved person or persons assigned to the premises
for the purpose of protecting the occupants from fire or similar emergencies.
A fire watch may involve at least some special action beyond normal
staffing, such as assigning an additional security guard(s) to walk
the premises, who has been specially trained in fire prevention and
in use of fire extinguishers, in notifying the Fire Department, in
sounding the fire alarm system located on the premises, and in understanding
the particular firesafety situations.
The process by which a fire alarm business receives signals
from a fire alarm system and notifies the Fire Department.
National Fire Incident Report.
The activation of any fire alarm system, which results in
a response by the Fire Department, caused by mechanical failure, malfunction,
improper installation, lack of proper maintenance, mischievous activities
or any other response for which the Fire Department personnel are
unable to determine the apparent cause of the alarm activation, exclusive
of a false fire alarm.
Any person who owns the premises in which the fire alarm
system is installed or the person or persons who lease, operate, occupy
(occupant) or manage the premises.
Any building, structure or combination of buildings and structures
which serves as dwelling units, such as single-family or multifamily,
or any other area within a building, structure or combination thereof
which is used for any purpose, wherein a fire alarm system is installed.
Any person who inspects, installs, repairs or performs maintenance
on the fire alarm system. This person shall be licensed or certified
by the State of Connecticut.
The completion of a form equivalent to the record of completion
form included in the National Fire Protection Association's Fire
Alarm Code (NFPA 72).
The notification (new facility systems shall give a ten-day
notice) by an owner/occupant to the Fire Chief that a fire alarm system
has been installed and is in use.
Appropriate documentation in a format acceptable to the Fire
Chief that verifies proper repairs or maintenance have been performed
by both the fire alarm business and the owner.
Hand-delivered written notification by a representative of
the Town of Putnam Special Service District to the owner or authorized
representative who had responded to the premises. "Serve" shall also
mean placing the form or other matter in the United States mail (by
certified mail) postage prepaid, addressed to the owner or authorized
representative.
A.
A one-time registration shall be required for fire alarm systems
and whenever a record of completion is prepared in accordance with
adopted codes. (New facility systems shall give a ten-day notice.)
B.
The owner/occupant shall be required to reregister whenever there
is a change in the fire alarm business responsible for maintaining,
servicing, and/or monitoring the fire alarm system.
C.
Registration shall not be transferable from one premises to another
or from one owner to another.
D.
Every fire alarm business shall notify the Fire Chief of the existence
of a fire alarm system prior to the fire alarm system being put into
operation. It shall be the responsibility of the installing fire alarm
business to provide the owner with notice of the existence of this
regulation, a registration form and a copy of the fire alarm system
operation instructions in accordance with adopted codes, and the manufacturer's
instructions.
E.
The registration form shall include the following information:
(1)
The name(s), the address of the premises, the mailing address
(if different from the address of the premises), and the business
and home telephone number of the owner, lessee, operator, manager,
or person in possession of the premises wherein the fire alarm system
is installed.
(2)
The name, address and telephone number of a minimum of two persons
who can be notified by the Fire Department in the event of the activation
of the fire alarm system, who shall be capable of responding to the
premises within one hour, and who are authorized to enter the premises
to ascertain the status thereof and thereby secure the home, business
or facility.
(3)
The name, address and telephone number of the fire alarm business
which has been contracted for any reason.
(4)
Any other documentation that is required by adopted codes.
G.
The owner/occupant shall complete and deliver the fire alarm system
registration in the required format to the Fire Chief before the fire
alarm system is activated or placed into service. (New facility systems
shall give a ten-day notice.) The fire alarm business, when authorized
by the owner/occupant, may assist the owner/occupant in accomplishing
this submission of the fire alarm registration to the Fire Chief.
All newly installed or recertified commercial fire alarm systems
shall be approved by the Town of Putnam Fire Marshal. The certification
shall indicate that the fire alarm system is in compliance with adopted
codes. The certification shall be signed by a qualified fire alarm
technician.
A.
The owner shall ensure that all fire alarm systems are inspected
and tested in accordance with adopted codes.
B.
The owner shall ensure that all fire alarm systems are periodically
maintained per manufacturer's specifications and adopted codes.
C.
Inspection and testing. All systems shall meet the requirements of Subsections A and B, minimum annual inspections and testing, unless applicable codes and standards require a more-frequent inspection maintenance and certification. The owner/occupant shall maintain a record of the inspection system maintenance, which shall be available to the Fire Marshal and Fire Chief.
A.
The owner shall be responsible for the activation of a fire alarm
system.
B.
A response to the activation of a fire alarm system shall result
when a PFD officer, Incident Commander or member of the Fire Department
is dispatched to the premises where the fire alarm system has been
activated.
(2)
In the event the fire alarm system is a monitored system, it
is the responsibility of the business/company monitoring the fire
alarm system to notify the person identified in the registration at
the request of the Fire Department.
(3)
The business/company shall be responsible to notify the Putnam
Fire Department Emergency Dispatch immediately upon receiving a fire
alarm notification.
C.
The Fire Chief or officer of the Fire Department who responded to
said premises shall serve the owner or authorized representative with
a fire alarm activation report (National Incident Report System —
NFIR).
In the event that the activation of a fire alarm system is deemed
by the Fire Chief to be a nuisance fire alarm, the owner shall be
served with a fire alarm activation report by the Fire Chief of the
Fire Department, indicating that the activation was deemed to be the
result of a nuisance fire alarm.
A.
This shall require the owner to return a completed report of service/repair
within 15 days of receipt of the fire alarm report to verify, to the
reasonable satisfaction of the Fire Chief that:
B.
Failure to return a report of service/repair within a fifteen-day
period, which is reasonably satisfactory to the Fire Chief, shall
result in assessment against the owner of a fee for the nuisance fire
alarm. (See Appendix A, Service Fees.)[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
The provisions of this section shall not apply to any newly installed
fire alarm system for a period of 45 days from the date of installation
but shall apply from and after the expiration of the initial forty-five-day
period following installation.
B.
Should any fee assessed pursuant to this article remain unpaid in
excess of 90 days from the date the fee is billed, a late fee in the
amount as set forth in Appendix A, Service Fees, shall be assessed
(monthly) and shall be payable by the owner of the premises in addition
to the original fee.
C.
False alarms.
(1)
No fee shall be assessed for the first three false fire alarms
at the same premises responded to by the Fire Department during each
calendar year. Thereafter, the owner shall pay the following fees
for false fire alarms responded to by the Fire Department at the same
premises during each calendar year, except when the fire alarm business
is responsible for the false fire alarms.
(2)
The fire alarm business shall be assessed a fee as set forth
in Appendix A, Service Fees, if the Fire Chief determines that a false
fire alarm was caused by an on-site employee or representative of
the fire alarm business. In that event, no false fire alarm shall
be counted against the owner.
(3)
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 the purpose of this subsection.
(4)
The activation of a fire alarm system will not be considered
a false fire alarm if the alarm is activated due to malicious causes
beyond the control of the owner.
(5)
The following fees shall be assessed for false fire alarms:
Number of False Fire Alarms
|
Service Fee Per False Fire Alarm
| |
---|---|---|
1st to 3rd
|
$0
| |
4th
|
$100
| |
5th
|
$150
| |
6th and each additional
|
$250
|
D.
Nuisance fire alarms.
(1)
The following fees shall be assessed when a report of service/repair
has been returned to the Fire Chief but nuisance fire alarms continue:
Number of Nuisance Fire Alarms
|
Service Fee Per Nuisance Fire Alarm
| |
---|---|---|
1st to 3rd
|
$0
| |
4th
|
$100
| |
5th
|
$150
| |
6th and each additional
|
$250
|
(2)
In the event the premises is equipped with a fire alarm system
with over 100 alarm-initiating devices, the Fire Chief may waive one
nuisance fire alarm per calendar year.
A.
The Fire Chief has the authority to order a fire watch, due to repetitive
false fire alarms and/or nuisance fire alarms, until corrective action
is taken or if there is a determination that the safety of the occupants
is at risk.
(1)
Failure to meet all requirements or pay the fees provided for
in this article within 15 days after the notice is received by the
owner.
(2)
Failure of the owner to provide a written report of service/repair
required by this article.
(3)
A fourth false fire alarm or nuisance fire alarm at a premises
for which a fee is charged pursuant to this article as a result of
the failure of the owner to take corrective action to eliminate the
cause of the nuisance fire alarm or false fire alarm.
(4)
The failure of a person notified pursuant to §§ A350-33B(1) and (2) of this article to appear within one hour after being notified to respond, if such failure to timely respond occurs four or more times within a calendar year.
B.
The written notice to disconnect or deactivate (by letter) shall be mailed by certified mail, return receipt requested, to the owner and shall specify the date by which the owner shall be required to disconnect or deactivate the fire alarm system. This date shall be at least 15 days after the notice has been received by the owner. The owner may appeal the order of the Fire Chief pursuant to § A350-37.
C.
Each building or facility affected because the signal from the fire
alarm system has been disconnected or deactivated shall be required
to establish a fire watch until the fire alarm system has been returned
to service. Duties of the fire watch may include notifying the Fire
Department and building occupants of an emergency and preventing a
fire from occurring.
D.
The owner/occupant is responsible for paying all cost associated
with establishing a fire watch.
E.
The Fire Chief, Fire Department officers or Incident Commander shall
have the authority to direct the owner of the premises to have corrective
action taken and thereafter reset the fire alarm system.
F.
Anyone convicted of falsifying reports as required under this article
is subject to a maximum penalty as established by state or local law.
A.
An owner/occupant or fire alarm business may appeal the assessment
of fees to the Fire Chief and the PFD Executive Board. The filing
of an appeal with the Fire Chief and the PFD Executive Board stays
the assessment of the fee until the Fire Chief and the PFD Executive
Board make a final decision. The owner/occupant or fire alarm business
shall file a written appeal to the Fire Chief and the PFD Executive
Board by setting forth the reasons for the appeal within 15 days after
the notice is received.
B.
An owner/occupant to whom a notice to disconnect or deactivate a fire alarm system was mailed, pursuant to § A350-36 (Subsections C and D), shall be entitled to appeal the order to the Fire Chief and the PFD Executive Board. An appeal shall be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn. The appeal shall be made within 15 days after notice to disconnect or deactivate is received by the owner/occupant. The Fire Chief, Fire Officer, or his representative and the PFD Executive Board shall review the facts and circumstances and shall determine whether the owner/occupant has shown good cause why the order should be withdrawn. If the Fire Chief and the PFD Executive Board affirm the order to disconnect or deactivate a fire alarm system, the owner/occupant shall have 15 days after the written decision is received by the owner to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the Fire Chief and the PFD Executive Board.
A.
A fire alarm system may be reactivated upon findings by the Fire
Chief that the owner of the premises has taken corrective action to
remedy the cause of the false fire alarms or nuisance fire alarms
at the premises.
B.
In making a request for such reactivation, the owner shall have the
burden of showing what corrective action has been taken.
C.
The Fire Chief shall have the right to inspect the fire alarm system
and test the system prior to approving the new order to reconnect
or reactivate the fire alarm system.
D.
A reconnection fee (see Appendix A, Service Fees)[1] shall be assessed to the owner before any reconnection
of a fire alarm system may be made.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
The Fire Chief shall not approve a new order to reconnect or reactivate
if the owner has failed to pay any fees pursuant to this article.
Any information supplied to the Fire Chief and the Fire Department
is subject to the provisions of the Freedom of Information Act.
Registration of a fire alarm system is not intended to, nor
will it, create a contract, duty or obligation, either expressed or
implied, for 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.
When registering a fire alarm system, the owner acknowledges that
Fire Department response may be based on factors such as: availability
of Fire Department units, priority of emergency calls, weather conditions,
traffic conditions, emergency conditions, and staffing levels. The
Town of Putnam Special Service District, it's officers, employees,
and agents, shall not assume any duty or responsibility for the installation,
maintenance, operation, repair or effectiveness of any privately owned
fire alarm system, those duties or responsibilities being solely those
of the owner of the premises.
The provisions of this article are severable. If a court determines
a word, phrase, clause, sentence, paragraph, section, subsection,
or other provision invalid or that the application of any part of
the provision to any person or circumstance is invalid, the remaining
provision and the application of those provisions to other persons
or circumstances are not affected by that decision.