[Ord. of 6-6-2011, § 5-70]
This article shall be known as the "Fire Alarm Ordinance."
[Ord. of 6-6-2011, § 5-71]
(a)
Successful operation of commercial and residential fire and security
alarm systems requires a cooperative effort among all parties involved,
including the fire department, police department, alarm businesses
that install, test, service and/or monitor alarms, and property owners.
(b)
The purpose of this article is to provide guidance for owners and
fire alarm businesses to ensure that fire alarm systems are properly
installed, and their operational effectiveness is maintained to maximize
their reliability, reduce or eliminate false and nuisance fire alarms
and increase the availability of emergency personnel and equipment
to respond to legitimate emergency situations.
(c)
This article governs all fire alarm systems installed in the town
and defines requirements for registration of certain fire alarm systems
and fire alarm service providers with the town.
[Ord. of 6-6-2011, § 5-72]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Refers to laws and rules adopted by the state fire marshal
and in the absence of adopted code, the National Fire Protection Association
National Fire Alarm Code 72 (NFPA 72) and the National Fire Protection
Association Life Safety Code 101 (NFPA 101).
Refers to the duly hired town building official.
Refers to a document issued by the town indicating that the
activation was deemed to be the result of a nuisance fire alarm, or
a false fire alarm.
Refers to a board comprised of the town manager, a member
of the fire department, a member of the police department and a fire
alarm business representative.
Refers to either a fire alarm service provider or fire alarm
monitoring company, as defined below.
Refers to any individual, partnership, corporation or other
entity that is appropriately licensed in the state/jurisdiction and
monitors any fire alarm system.
Refers to any individual, partnership, corporation or other
entity that is appropriately licensed in the state and installs, alters,
maintains, repairs, replaces, tests or services any fire alarm system.
Fire alarm service providers may also provide fire alarm monitoring
services.
Refers to equipment or devices located on a premises within
the town, which equipment or devices are designed to monitor and annunciate
smoke, fire, activation of a fire suppression system, or other supervisory
or trouble condition for the purpose of initiating an appropriate
response to the condition. Residential smoke alarms are exempted from
this definition.
Refers to the chief of the fire department or his/her designated
representative.
Refers to the town fire and rescue department, as specified
in the town Charter, and any employee and/or volunteer of the fire
department.
Refers to 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 involves some special action
beyond normal staffing, such as assigning additional personnel to
walk the premises, who have been specially trained in fire prevention
and in the use of fire extinguishers, in notifying the fire department,
in sounding the fire alarm system located on the premises, and in
understanding the particular fire safety situation.
Refers to any organization or agency that watches over alarm
receiving equipment and follows up with appropriate actions when alarm
and other signals are received. The police department is a monitoring
facility with responsibility for monitoring commercial and municipal
fire alarms systems as required by adopted codes.
Refers to the process by which a monitoring facility receives
signals from a fire alarm system and notifies emergency personnel.
Refers to the equipment in place at the town police department
that receives signals from a fire alarm system and notifies emergency
personnel.
Refers to 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,
negligence or intentional misuse by the owner, its employees or agents,
or any other response for which the fire department personnel are
unable to determine the apparent cause of the alarm activation. Alarms
resulting from BI Power Company failures will not be considered nuisance
fire alarms.
Refers to any individual, partnership, corporation or other
entity that owns the premises in which a fire alarm system is installed
or any individual who has an ownership interest in the premises in
which a fire alarm system is installed.
Refers to the Town of New Shoreham police department.
Refers to any building, structure or combination of buildings
and structures or any area within a building, structure or combination
thereof which is used for any purpose, wherein a fire alarm system
is installed.
Refers to any person who inspects, installs, repairs or performs
maintenance on fire alarm systems. This person shall be:
Refers to appropriate documentation in a format acceptable
to the town that verifies proper repairs or maintenance has been performed
by both the fire alarm business and/or owner.
Refers to the person or persons responsible for the fire
alarm system and related devices installed at the premises. This may
be an owner or other person or persons designated in writing by the
owner(s) who lease, operate, occupy or manage the premises.
Refers to a property owner or designee whose premises are
monitored by a monitoring facility, whether the town's monitoring
facility or a third party monitoring facility.
Refers to the duly hired Town of New Shoreham town manager.
[Ord. of 6-6-2011, § 5-73]
The town manager and fire chief may jointly promulgate rules
and regulations relating to alarms systems to implement this article.
[Ord. of 6-6-2011, § 5-74]
Any commercial or residential fire alarm system that is monitored
by either the town's municipal fire alarm monitoring system or
another monitoring facility must be registered by the owner with the
town. All monitored fire alarm systems not previously registered must
be registered within 15 days of the effective date of the ordinance
from which this article is derived.
[Ord. of 6-6-2011, § 5-75]
(a)
The town established a municipal fire alarm monitoring system at
the police department under the guidance of the state fire marshal's
office. This system is a polling radio system with a digitize system
3505 receiver that requires each alarm system be connected to the
system via a digitize radio box ("radio box").
(b)
All municipal and commercial premises designated by the state fire
marshal's office must be connected to the municipal fire alarm
monitoring system.
(c)
For commercial premises, the only alarms that shall be monitored
via the municipal monitoring system are as follows: fire, fire supervisory
and, for those premises with active wet sprinkler systems, low temp.
All other alarms that owners choose to have monitored must be transitioned
to another monitoring facility. Any alarms not on the approved list
that are transmitted to the municipal fire alarm monitoring system
will be subject to a fine for each offense, payable to the Town of
New Shoreham. (Fee schedule is on file in the clerk's office.)
(d)
For commercial premises that have radio boxes installed, all digital dialer alarm communications to the municipal fire alarm monitoring system must cease as of July 1, 2011. For commercial premises that have not yet installed a radio box, all digital dialer communications to the municipal fire alarm monitoring system for alarms not allowed in accordance with subsection (c) of this section, must cease as of July 1, 2011. Any alarms not on the approved list that are sent to the municipal fire alarm monitoring system will be subject to a fine for each offense, payable to the Town of New Shoreham. (Fee schedule is on file in the clerk's office.)
(e)
The town has a contract with a service provider to maintain and support
the municipal fire alarm monitoring system. All radio box purchases
and installations must be coordinated through the building official
and checked out by the building official and the contracted service
provider before a connection to the municipal fire alarm monitoring
system is approved. It is the responsibility of the town manager to
develop and maintain detailed procedures and forms for this process.
(f)
Registration for town monitoring requires:
(1)
The name(s), address of the premises, mailing address (if different
from the address of the premises), business and home telephone number
of the owner, lessee, operator, manager or person in possession of
the premises wherein the fire alarm system and radio box is installed;
(2)
The name, address and telephone number of a minimum of two persons
who can be notified in the event of the activation of the fire alarm
system via the radio box, 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;
(3)
The name, address and telephone number of the fire alarm business
which has contracted to install the radio box and proof of proper
state licensing/registration.
(4)
The name, address and telephone number of the fire alarm business(es)
which has contracted to maintain the operation of the fire alarm system
and/or radio box and proof of proper state licensing/registration.
(5)
The name, address and telephone number of the fire alarm business
which has contracted to perform periodic testing of the fire alarm
system and radio box and proof of proper state licensing/registration.
(6)
Application for an electrical permit for radio box installation.
(7)
Application for a radio box that provides detailed information regarding
the fire alarm system and alarm zones to be monitored. The fire alarm
control panel must be rated for commercial connected applications
in accordance with NFPA 72 and UL 864.
(8)
An annual monitoring fee. (Fee schedule is on file in the clerk's
office.)
(g)
Any change in contact information, fire alarm business and/or technicians
authorized to work on the fire alarm system required must be communicated
to the town immediately. The police department will not accommodate
any technician working on an alarm system for which they do not have
a valid license on file.
[Ord. of 6-6-2011, § 5-76]
(a)
For premises monitored by a facility other than the town's municipal
fire alarm monitoring system, the owner is responsible for ensuring
that neither the police department nor the fire department are listed
with the monitoring facility as first responders to any alarm.
(b)
The owner shall be required to re-register whenever there is a change
in the fire alarm business(es) responsible for maintaining, servicing,
testing and/or monitoring any portion of the fire alarm system.
(c)
Registrations shall not be transferable from one premises to another
or from one owner to another.
(d)
Registration is required prior to activating fire alarm system monitoring.
(e)
The registration form shall include the following information:
(1)
The name(s), address of the premises, mailing address (if different
from the address of the premises), business and home telephone number
of the owner, lessee, operator, manager or person in possession of
the premises wherein the fire alarm system and monitoring equipment
is installed;
(2)
The name, address and telephone number of the fire alarm business
which has contracted to service the fire alarm system and proof of
proper state licensing/registration. A legible copy of current license
must be provided with the registration;
(3)
The name, address and telephone number of the fire alarm monitoring
business which has contracted to monitor the fire alarm system;
(4)
If other than the town's municipal monitoring system, certification
that neither the police department nor fire department is listed as
alarm points of contact or responders with the fire alarm monitoring
business;
(5)
The date the registration is signed or the fire alarm system monitoring
is placed in operation for any reason; and
(6)
Any other documentation that is required by adopted codes or town
procedures.
(f)
When any of the registration information has changed, it shall be
reported to the town immediately.
(g)
The owner shall complete and deliver the fire alarm monitoring registration
in the required format to the town before the fire alarm system monitoring
is activated.
[Ord. of 6-6-2011, § 5-77]
(a)
Registration with the town shall be required for all fire alarm monitoring
companies monitoring any fire alarm system within the town.
(b)
The registration form shall include the following information:
(1)
The name(s) and addresses of the premises that the company is under
contract to monitor and the specific alarms being monitored.
(2)
For each premises, the names and cell phone numbers of at least two
on-island persons who will be available to respond 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;
(3)
Any other documentation that is required by adopted codes or town
procedures.
[Ord. of 6-6-2011, § 5-78]
(a)
Registration shall be required for all fire alarm service companies
responsible for maintaining and/or testing municipal, commercial and/or
residential fire alarm systems.
(b)
Registration information shall include:
(1)
The name(s) and addresses of the premises that the company is under
contract to maintain.
(2)
A copy of the company's business license, if applicable.
(3)
The names and a copy of the valid license for all technicians authorized
by the company to work on fire alarm systems.
(4)
Acceptance of the requirement that a technician notify the police
department before beginning work on an active alarm system and that
the police department will verify that they have a valid license on
file.
(c)
Changes in registration information, including license renewals,
shall be filed promptly with the town.
[Ord. of 6-6-2011, § 5-79]
(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 specifications and adopted codes.
(c)
When a fire alarm service provider is engaged to perform emergency
maintenance or repair on an active fire alarm system, they must notify
the police department by telephone when they arrive on site to perform
maintenance and again when they have completed maintenance and the
fire alarm system is either placed back in service or will remain
out of service due to a condition that cannot be resolved.
(d)
If a fire alarm system will remain out of service, then the town
may require a fire watch for the premises.
(e)
When a fire alarm service provider plans to perform routine inspection/testing
on more than one fire alarm system on a given day, then they must
notify the police department 48 hours in advance with the locations
they plan to test and the approximate start and end times of testing,
so that the police department can adequately prepare for the increased
workload.
[Ord. of 6-6-2011, § 5-80]
(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 any police officer or member of the fire department is dispatched
to the premises where the fire alarm system has been activated.
(1)
In the event the fire alarm system is a monitored system, it is the
responsibility of the company monitoring the fire alarm system to
notify any person identified in the registration.
(2)
In the event the household fire alarm system is a monitored system,
it is the responsibility of the fire alarm business to offer the owner
the option to verify the fire alarm signal before dispatch, as allowed
by adopted code.
(3)
In the event the household fire alarm system is a monitored system,
it is the responsibility of the fire alarm business to forward cancellation
of a fire alarm signal to the police department.
(4)
In the event the fire or police department is dispatched to a monitored
premises as a result of points of contact failing to respond, the
owner may be subject to a fine. (Fee schedule is on file in the clerk's
office.)
[Ord. of 6-6-2011, § 5-81]
(a)
In the event the activation of a fire alarm system is deemed by the
fire department to be a nuisance or false fire alarm, the owner shall
be provided with a fire alarm activation report by the town, indicating
that the activation was deemed to be the result of a nuisance or false
fire alarm.
(1)
This shall require the owner to return a completed report of service/repair
within 15 days of receipt of the fire alarm activation report to verify,
to the reasonable satisfaction of the town, that:
(2)
Failure to return a report of service/repair within said fifteen-day
period, which is reasonably satisfactory to the town, shall result
in assessment against the owner of a fee for the nuisance or false
fire alarm. (Fee schedule is on file in the clerk's office.)
[Ord. of 6-6-2011, § 5-82]
(a)
The provisions of this section as it relates to fines for nuisance
or false fire alarms 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 fee is billed, a late fee shall be
assessed and shall be payable by the owner of the premises in addition
to the original fee.
(c)
A fine will be assessed for failure to register a monitored fire
alarm system within the required timeframe.
(d)
Nuisance or false fire alarms.
(1)
No fee shall be assessed for the first false or nuisance fire alarm
at the same premises responded to by the fire department during each
calendar year. Thereafter, the owner shall pay a fee for false or
nuisance fire alarms responded to by the fire department at the same
premises during each calendar year. Where the owner can show proof
that the fire alarm system has been inspected since the first false
or nuisance alarm and found in good working order, the fine may be
waived.
(2)
Immediately after the fire department has recorded the first and
all subsequent nuisance or false alarm violations in any calendar
year from the same premises, the town shall notify the owner and/or
subscriber in writing of such fact and instructing him/her as follows:
a.
The alarm system subscriber and/or owner or his/her authorized representative
shall file with the town within three days of receipt of the notification,
a plan designed to eliminate the false alarms, which shall at a minimum
include:
b.
Within five days after the notification is sent, the alarm system
subscriber and/or owner shall forward to the town proof that the alarm
system has been inspected and is in good working order.
c.
If the alarm system subscriber and/or owner fails to submit proof
that the alarm system has been inspected and is in good working order,
and/or submit a timely plan satisfactory to the town, then he/she
shall be charged a fee for the third and each additional false alarm
for the remainder of the calendar year or until a plan is approved
by the town.
d.
An alarm system subscriber and/or owner who fails to pay the fee
or fine provided in this article within 10 days of written notice
thereof sent by the town shall be subject to a fine for each offense.
[Ord. of 6-6-2011, § 5-83]
(a)
The town shall notify the owner and/or subscriber by certified mail
of any fine.
(b)
Within 15 days of mailing of such notice, the alarm system owner
may file a written appeal of said fine to the town manager. The filing
of an appeal stays the assessment of the fee until the town manager
makes a final decision. Said notice of appeal shall contain information
to show that the alarm giving rise to the fine was not a false or
nuisance alarm within the meaning of this article. Said notice of
appeal shall contain a return address to which the town manager shall
send notice of his/her decision.
(c)
The town manager shall consider the information filed by the alarm
system subscriber and/or owner, reaffirm or rescind the false alarm
charge and, within 15 days of his/her receipt of said appeal, notify
the alarm system subscriber and/or owner of his/her decision by certified
mail. Such decision shall be final and shall not be subject to further
appeal.
(d)
In the event the appeal is not upheld, the owner or subscriber shall
be immediately responsible for any fines assessed.
[Ord. of 6-6-2011, § 5-84]
Registration of a fire alarm system is not intended to, nor
will it, create a contract, duty or obligation, either expressed or
implied, of a response by the town, the police department or the fire
department. 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 of the premises acknowledges that the
fire department response may be based on factors such as: availability
of fire department units, priority of calls, weather conditions, traffic
conditions, emergency conditions, and staffing levels. The town, the
police department and the fire department, its 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 alarm system subscriber and/or owner and the owner of the premises.
The town, the police department and the fire department shall not
be liable for any defects in the operation of any alarm communications,
for any failure or neglect to respond appropriately upon receipt of
an alarm signal, for any failure or neglect of any person in connection
with the installation, operation, disconnection or removal of equipment,
the transmission of alarm signals or the relaying of such signals
or messages.
[Ord. of 6-6-2011, § 5-85]
The provisions of this article are severable. If a court determines
a word, phrase, clause, sentence, paragraph, subsection, section,
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. Ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
The ordinance from which this article is derived shall take effect
July 1, 2011.
