The purpose of this chapter is to establish standards and controls
to reduce the incidents of false fire alarm calls responded to by
the Fire Department. The most effective alarm management is through
user and alarm industry accountability.
(2873 § 1, 2016)
For the purpose of this chapter, the following definitions shall
apply:
means the City of Garden Grove.
means the activation of a fire alarm system resulting 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,
agents or any other activation of a fire alarm system not caused by
heat, smoke or fire.
means any person who is self-employed or employed either
directly or indirectly by a fire alarm business whose duties include
any of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing a fire alarm system in or
on any building, place or premises.
means any person conducting or engaged in the business of
selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving, installing, or monitoring a fire alarm system in or on any
building, place or premises.
means a device or alarm that is designed to respond either
manually or automatically to smoke, fire, or activation of a fire
suppression system.
means a person in the business of providing fire alarm system
monitoring services.
means one or a combination of approved compatible devices
with the necessary electrical interconnection and energy to produce
an alarm signal in the event of a fire or emergency medical situation
or both, and when activated, emits a sound or transmits a signal to
indicate that an emergency situation exists.
means any person responsible for operating a fire alarm system
at any premises in the City.
means any employee of the Garden Grove Fire Department.
means any individual, partnership, corporation or other business
entity.
(2873 § 1, 2016)
Any alarm liability and consequential damage resulting from
the failure to respond to an alarm is hereby disclaimed and governmental
immunity as provided by law is retained. By installing a fire alarm
system, the fire alarm user acknowledges that a response may be influenced
by factors such as: availability of fire units, priority of calls,
weather conditions, traffic conditions, emergency conditions, staffing
levels and prior response history.
(2873 § 1, 2016)
A fire alarm business, fire alarm agent, and fire alarm monitoring
company shall have the following duties:
A.
To install
a fire alarm or fire alarm system in accordance with nationally recognized
standards within the perimeters of the alarm activating devices and
be available to maintain the fire alarm system in good working order,
and to take reasonable measures to prevent the occurrence of false
fire alarms.
B.
To provide
each purchaser and fire alarm user with a copy of the provisions of
this chapter relating to fire alarm user duties and false fire alarm
assessments within 15 calendar days of installing the fire alarm system.
C.
To provide
accurate and complete instructions to the fire alarm user in the proper
use and operation of the fire alarm system. Specific emphasis shall
be placed on the avoidance of false fire alarms. All businesses that
sell fire alarm systems, but which are not a fire alarm business as
defined in this chapter, are similarly responsible for instructing
the buyer of the fire alarm system in the proper use of said system.
D.
To maintain
records of the location of the fire alarm systems, devices, or services
provided to the premises and the name and telephone number of the
person and two alternates to be notified whenever an alarm is activated,
and to readily report such information to the Fire Department upon
request.
(2873 § 1, 2016)
Following Fire Department response to the activation of a fire
alarm system alarm, which the Fire Department determines to be a false
fire alarm and upon notification of said fact by the Fire Department,
the fire alarm user shall respond to the Fire Department and file
a report with the Fire Department by 5:00 p.m. of the third calendar
day if the fire alarm user has reason to believe the false fire alarm
response report was issued in error. Such report shall contain all
information pertaining to the false alarm that occurred. If an alarm
did not occur, the fire alarm user may submit a written letter providing
the details to the Fire Department.
(2873 § 1, 2016)
The City Council hereby finds and determines that three or more
false fire alarms within a calendaryear period are excessive and thereby
constitute a public nuisance. The Fire Department may not consider
any false fire alarm in this computation of nuisance alarms if such
was generated by earthquakes, high intensity winds, or unusual acts
of nature. Nuisance alarms shall be considered to be the result of
the negligence of the fire alarm user, the agents or employees of
the fire alarm user, or a defect in the fire alarm system.
(2873 § 1, 2016)
A.
1.
The
fire alarm user shall pay a false fire alarm response fee to the City's
Finance Department upon the occurrence of four or more false fire
alarms received from any one source or from any one fire alarm system
within a calendar year.
2.
The
fire alarm user shall also pay a false fire alarm response fee for
the first and all subsequent false fire alarms due to their failure
to notify the Fire Department when working on or testing the fire
alarm system. The false fire alarm response fee shall be in such an
amount as established by resolution of the City Council.
B.
The
fire alarm business or the fire alarm agent will be subject to the
false fire alarm response fee as established by resolution of the
City Council if the Fire Department determines that the fire alarm
business or fire alarm agent directly caused the false fire alarm
without first notifying the Fire Department. In this situation, the
false fire alarm will not be counted against the fire alarm user.
C.
Fees
established and/or levied pursuant to this section shall be paid to
the City's Finance Department within 30 calendar days from the date
of the invoice therefor.
(2873 § 1, 2016)
If the Fire Department assesses a false fire alarm response
fee, the invoice therefor shall contain a notice of the action and
a statement of the right to an appeal by the affected person or fire
alarm user. Appeals shall be heard by the City Manager or designee
and shall be supported by evidence showing that the false fire alarm
response fee was assessed in error. The decision of the City Manager
or designee shall be final.
(2873 § 1, 2016)
