[HISTORY: Adopted by the Town Board of the
Town of Albion 8-10-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
This chapter shall be referred to as "Local law No. 1-2020,
adding Chapter 79 to the Albion Town Code concerning an Alarm Permit
Law."[1]
[1]
Editor's Note: This chapter was enacted as Ch. 79 but
was renumbered to fit the alphabetic sequence of the Code.
This chapter is adopted pursuant to the legislative authority
in Municipal Home Law § 10 and Town Law §§ 261
through 264.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of the Town of Albion by reducing
the number of avoidable alarms to emergency agencies. Avoidable alarms
contribute to the ineffective utilization of public safety manpower
and equipment. In addition, avoidable alarms require emergency responses
which may contribute to high accident rates and delayed responses
to genuine emergencies. This chapter seeks to ensure that communication
facilities will be available to dispatch personnel for actual emergencies
and to alleviate the nuisance of audible alarms to the surrounding
community. Another purpose of this chapter is to contact responsible
people to notify them as to activation of the alarm. This chapter
requires registration of alarm businesses and subscribers for the
purpose of permitting the Town to communicate with them regarding
the administration of this chapter.
For the purposes of this chapter, certain words and phrases
shall be construed herein as set forth in this section, unless it
is apparent from the context that a different meaning is intended.
Any person who is employed by an alarm business, either directly
or indirectly, and whose duties include any of the following: selling,
maintaining, leasing, servicing, repairing, altering, replacing, moving
or installing, on or in any building, structure or facility, an alarm
system. The provisions of this chapter do not apply to a person who
engages in the manufacture or sale of an alarm system from a fixed
location and who neither visits the location where an alarm system
is to be installed nor designs the scheme for physical location and
installation of an alarm system in a specific location.
The business by a person, partnership, corporation, or other
entity of selling, leasing, maintaining, servicing, repairing, altering,
replacing, moving or installing an alarm system or causing to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or
installed any alarm system in or on any building, structure or facility.
Any mechanical or electrical device which is designed or
used for the detection of fire, smoke, heat and/or unauthorized entry
or intrusion and which emits a sound or transmits a signal or message
when activated. Alarm systems include, but are not limited to, internet-connected
devices, direct-dial telephone devices, audible alarms and proprietor
alarms. Devices which are not designed or used to register alarms
that are audible, visible or perceptible outside of the protected
building, structure or facility are not included within this definition,
nor are auxiliary devices installed by a telephone company or a cable
television company to protect its systems which might be damaged or
disrupted by the use of an alarm system.
A person who perfects an appeal pursuant to this chapter.
A person, firm or corporation filing an application for a
permit(s) provided in this chapter.
A device designed for the detection of fire, smoke, heat
and/or unauthorized entry or intrusion and generating an audible sound
on the premises when activated. This chapter does not apply to audible
alarms affixed to vehicles.
The activation of an alarm system caused by mechanical failure,
malfunction, improper installation, negligence of the owner, user,
custodian or lessee of said system or by any other cause which, through
direct connection to an emergency agency by an answering point or
automatic dialing device or through notification to emergency agency
by any other second party or means, falsely and/or inaccurately indicates
that an emergency situation exists. Avoidable alarm does not include
an alarm activated by force of nature. Avoidable alarm does not include
an emergency or disaster drill conducted with prior notice to the
emergency agency. Activation of an alarm system under any circumstances
in which the activator reasonably believes that an emergency situation
exists is not an avoidable alarm.
The Code Enforcement Officer of the Town of Albion.
A calendar day.
Written notice by personal service or by United States mail,
postage prepaid, addressed to the person to be notified at his/her
last known address. Service of such notice shall be effective upon
completion of personal service or upon placing of same in the custody
of the United States Postal Service.
Any alarm agent or alarm business granted a permit as provided
herein.
A natural person, firm, partnership, association or corporation.
Any person who owns, leases, contracts for or otherwise obtains
an alarm system. A person or entity may be both a subscriber and an
alarm business.
The Town of Albion, Orleans County, New York, or any area
outside the corporate limits of the Town of Albion in which the Town
of Albion is required by law or contract to provide firefighting,
emergency response or security services.
A.
The Board hereby prescribes the following minimum standards and regulations
for the installation, construction and maintenance of an alarm system
within the Town of Albion:
(1)
Alarm equipment shall be securely mounted to the building structure.
A suitable moisture barrier shall be provided between equipment and
any exterior masonry walls.
(2)
All protective circuit wiring shall have conductors no smaller than
No. 18AWG.
(3)
Wiring between a battery or power supply to an audible signal shall
be of sufficient gauge to have no greater than a 15% voltage drop.
(4)
Alarm wiring shall not be run in the same conduit as Class 1, 2 and
3 power lines. Burglar and fire alarms conductors of Class 2 and Class
3 circuits shall not be placed in any enclosure, raceway, cable tray,
cable compartment, outlet box or similar fitting with conductors of
light, power and Class 1 circuits.
(5)
All splices shall be twisted and secured with solderless crimp conductors.
Connection of wires to screw terminals shall be made using a space
lug (either crimp or solder type). Terminal boards with clamping washers
will not require a spade lug or soldering. Wire nuts and punch block
connections are also permitted.
(6)
Grounding shall be in compliance with the 2017 National Electrical
Code (NFPA 70-2017) Section 25-20 under conditions of Section 250-20(A)(1),
(2) and (3).
(7)
There shall be no testing of alarms by any alarm business, alarm
agents or subscribers that would normally summon fire services without
prior approval of the Albion Fire Department.
(8)
Users of alarm systems are to be thoroughly instructed as to the
operation and testing of all equipment, standby power, procedures
to be followed relating to avoidable alarms and recommended replacement
periods of dry-cell batteries.
(9)
All wiring for fire alarm systems is to be in accordance with NFPA
70-2017, Article 760, and in accordance with the New York State Uniform
Fire Prevention and Building Code.
(10)
All equipment must be listed or labeled by a recognized testing agency,
such as Underwriters' Laboratories, Inc., F.M., Electric Testing
Laboratories, C.S.A. Any system installed in accordance with these
specifications shall be considered acceptable.
(11)
Authorized company identification must include the name, height,
recent photograph, company name, street address, telephone number,
and signatures of the employee, the company official and issuing officer.
B.
All devices must meet all standards prior to issuance of a permit.
The Code Enforcement Officer must inspect and approve of any alarm
system to be installed in the Town. The Code Enforcement Officer may
require a certification form to be completed and executed by a permittee
certifying that an alarm system has been inspected and/or maintained
by said permittee and that same conforms to all standards set forth
herein.
A.
Any person maintaining an audible alarm must post a notice containing
the names, street address and telephone numbers of individuals to
be notified for repairs, service and/or securing of the premises when
an alarm is activated, said notice to be legibly posted near an alarm.
Any such person must also file this information with the Albion Police
Department, Orleans County's Sheriff's Dispatch Office and
the Albion Fire Department.
B.
Each audible alarm shall be designated so as to terminate its alarm
within 15 minutes from initiation.
C.
The Code Enforcement Officer, Albion Fire Department officers or
any law enforcement officer can disable an audible alarm that has
not been terminated within a fifteen-minute period from initiation
without liability for any resulting damages.
A.
No person shall engage in, conduct or carry on an alarm business
without first applying for and receiving an alarm business permit
in accordance with the provisions of the New York State General Business
Law Article 6-D.
B.
No person shall engage in or operate as an alarm agent unless registered
with the Code Enforcement Office as an authorized alarm business.
C.
Any person repairing, servicing, altering, replacing, removing, designing,
selling, leasing, maintaining or installing an alarm system must possess
a valid identification card as set forth in the New York State General
Business Law.
D.
No person shall possess or use an alarm system without first applying
for and receiving an alarm permit in accordance with the provisions
of this chapter. This shall not be enforced against alarm systems
installed and operating on the effective date of this chapter for
a period of 30 calendar days after said effective date. The issuing
authority shall be the Code Enforcement Officer. No permit shall be
issued unless and until the application for same has been approved
in writing by the Code Enforcement Officer.
E.
Any application for a permit must be accompanied by a nonrefundable
fee payable at the time of application. The Code Enforcement Officer
shall prescribe the form of the application and request such information
as is necessary to act upon a permit application. The form of a permit
application is to be approved by the Town Board. The application for
alarm systems shall require the name, street address, and telephone
number of the person who will render service or repairs and contain
signatures of the employee, the company official and the issuing officer.
Permits are required for an alarm system in any structure located
in the Town of Albion as described herein.
F.
A permit shall be kept where the alarm system is located. The Code
Enforcement Officer is to issue an appropriate permit identification
tag and establish requirements for posting.
G.
Whenever any change occurs relating to the written information required
by this chapter, the applicant or permittee shall give written notice
thereof to the Code Enforcement Officer within 20 days after such
change or at any hearing conducted under this chapter if such hearing
is conducted before said notice has been given.
H.
The Code Enforcement Officer can investigate alleged violations of
this chapter. Any person alleged to be in violation of this chapter
shall be given a notice of the alleged violation, submit any response
to be considered by the Code Enforcement Officer and have an opportunity
to be heard during the investigative process.
I.
If a person is found to be in violation of this chapter, the Code
Enforcement Officer shall give notice to the person determined to
be in violation with a written order of suspension. Thereafter, the
person in violation shall surrender the permit to the Code Enforcement
Officer until such time as the violation has been remediated and/or
corrected in the sole discretion of the Code Enforcement Officer.
The Code Enforcement Officer can reinstate an alarm system permit
upon receipt of a certification that the alarm system has been inspected,
maintained and/or remediated, said certification to be in a form and
substance acceptable to the Code Enforcement Officer pursuant to this
chapter.
J.
A permit application can be denied by the Code Enforcement Officer
if the alarm system does not comply with the contents of this chapter.
A permit can be revoked 90 days after any title transfer of premises
containing an alarm system unless a permittee certifies that said
system has been inspected and/or maintained by the permittee after
such title transfer.
K.
The following shall constitute grounds for suspension and revocation
of an alarm system permit:
(1)
A violation of any provision in this chapter.
(2)
When an alarm system activates excessive avoidable alarms and thereby
constitutes a public nuisance (deemed to be five avoidable alarms
in any ninety-day period).
(3)
When a false, misleading or fraudulent statement of a material fact
has been made in either the application for a permit or in any report
required to be filed.
(4)
When a subscriber has had a similar permit previously revoked for
good cause within the last calendar year.
(5)
When a subscriber has failed to keep his at her alarm system in good
repair.
(6)
When a subscriber has failed to notify the Code Enforcement Officer,
the proper dispatching office and/or any party who would receive direct
communication of an alarm prior to any service, test, repair, maintenance,
adjustment, alteration or installation which might activate an avoidable
alarm. For the purposes of these standards and regulations, any alarm
activated where such prior notice has been given shall constitute
an avoidable alarm.
L.
The Code Enforcement Officer is authorized to establish a cancellation
code to be made available to subscribers who desire the ability to
avoid an alarm which might otherwise be deemed an avoidable alarm.
No penalty shall be imposed for alarms which are canceled in accordance
with such procedures.
In addition to other provisions of this chapter, any person
found in violation shall be liable for civil penalties for each violation,
as set forth from time to time by the Board and currently as follows:
A.
Failure to have alarm business permit or alarm agent permit: $200.
B.
Failure to have an alarm system permit; provided, however, that until
one year from the effective date of this chapter, said penalty shall
be deemed waived if the subscriber obtains an alarm system permit
within 10 days of notification of the violation: $100.
C.
Failure to terminate an audible alarm: $100.
A.
The following fees shall be due and payable as indicated and at rates
from time to time established by resolution of the Town Board:
(1)
An annual
permit fee of $100 shall be due and payable on January 1, 2021, and
on January 1 of each subsequent year thereafter for each alarm.
B.
A permit shall expire one year after the date of issuance. Applications
for renewals or permits shall be approved only upon certification
by a permittee that the alarm system has been inspected and/or maintained
by the permittee within the past 90 days in conformity to this chapter.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.
