[Adopted 9-6-1989 by L.L.
No. 9-1989]
This article shall be known as the "Emergency Alarm System Law of the
Town of New Hartford," which shall be applicable to the five Fire Protection
Districts located within said town, and each respective district as referred
to shall refer to that particular area of responsibility as set forth in the
areas designated in the contracts between said town and that particular Fire
Protection District. These Fire Protection Districts are known as:
A. Fire Protection District No. 1.
B. Fire Protection District No. 2.
C. Fire Protection District No. 3.
D. Fire Protection District No. 4.
E. Fire Protection District No. 5.
It is the purpose of this article to protect and promote the health,
safety and general welfare of the residents of the Town of New Hartford Fire
Protection Districts by reducing the number of avoidable alarms to emergency
agencies. Avoidable alarms contribute to ineffective utilization of public
safety manpower and equipment. In addition, avoidable alarms require emergency
responses which may contribute to a high accident rate and delayed responses
to genuine emergencies. This article seeks to ensure that fire communications
facilities will be available to dispatch fire and emergency personnel for
actual emergencies and to alleviate the nuisance of audible alarms to the
surrounding community. Another purpose of this article is to contact responsible
people to notify them of the activation of the alarm. This article also requires
registration of alarm businesses and subscribers for the purpose of permitting
the town to communicate with them regarding the administration of this article.
Each and every emergency alarm system which terminates in a module at
the respective Fire Department for the Town of New Hartford must be electrically
wired at a reversing relay at the subscriber's residence or place of business.
Following fire response to the actuation of an alarm, the subscriber
shall file a written report with the respective Fire Department responsible
for his/her Fire Protection District within 72 hours of such notification.
Such report shall contain all information pertaining to the activation of
said alarm and any planned corrective action. Where the emergency alarm system
is serviced by an alarm business, the report shall be made to the subscriber
and a copy forwarded to the alarm business by the subscriber. That respective
Fire Department shall provide a standard false alarm report in three parts,
allowing one each for subscriber, alarm business and that respective Fire
Department.
In the case of an alarm received, it is mandated that a representative
of the subscriber, or the subscriber, respond to the scene to verify the security
of the premises. In addition to the penalties provided for herein for violation
of any section of this article, failure of the subscriber or representative
thereof to verify the security of the premises following an alarm shall serve
to release the town and that respective Fire Department from further liability
with respect to the premises.
Notice of changes or modifications relating to the information required by §§
41-9 and
41-10 hereinbefore shall be given, in writing, to the Town Clerk of the Town of New Hartford within seven days of said change or modification.
Any license or permit issued hereunder may be suspended and/or revoked by the Fire Chief of that respective Fire Protection District, or designee thereof, upon the grounds listed in §
41-13 hereinafter.
The following shall constitute grounds for suspension or revocation:
A. The violation of any of the provisions of this article;
B. The failure to comply with standards or regulations as established in §§
41-4 through
41-8;
C. Where an alarm system actuates excessive false alarms
and thereby constitutes a public nuisance, as defined hereinbefore;
D. Where any permittee or subscriber fails to update the information required by §§
41-9 and
41-10 hereinbefore; or
E. Violation of any rules and regulations as may hereinafter be promulgated by the Fire Chief of that respective Fire Protection District in accordance with the delegation of authority contained in §
41-17 hereinafter.
The suspension and/or revocation of a permit or license may be appealed
by an aggrieved person to the Town Board of the Town of New Hartford within
30 days of notification of said determination to suspend and/or revoke.
This article shall be enforced by the Town of New Hartford and its respective
enforcement departments.
The Fire Chief of that respective Fire Protection District, or designee
thereof, may promulgate rules and regulations as deemed necessary for the
proper administration of this article. Said rules and regulations shall be
deemed valid and effective only after submission to the Town Board of the
Town of New Hartford and approved and passed by appropriate legislation.
Any applicant for a permit under this article shall be required to notify
the Town of New Hartford of the name of their liability insurance carrier
and either such owner or installer shall authorize the Town of New Hartford
through their application for permit to notify said insurance company in the
event of a violation of this article.