[HISTORY: Adopted by the Town Board of the Town of Pittsford 12-7-2006 by L.L. No. 6-2006. Amendments noted where applicable.]
Building construction and maintenance — See Ch. 64.
It is the purpose of this article to protect and promote the health, safety and general welfare of the residents of the Town of Pittsford. Alarm systems which emit sound on the premises and which cannot be shut off within a reasonable period of time constitute a public nuisance detrimental to the health, safety and general welfare of the residents of the Town. This article authorizes police officers and the Fire Marshal to disable such devices after they have been activated for a reasonable period of time and do not become automatically deactivated.
As used in this article, the following terms shall have the meanings indicated:
- ALARM SYSTEM
- Any mechanical or electrical device, designed or used to warn of break-ins on the premises or of any other untoward event therein, which when activated emits a sound which can be heard on or off the premises.
Every alarm shall be designed so as to terminate its sound emission within 15 minutes of its initiation.
Police officers and the Fire Marshal are hereby authorized and directed to disable any alarm system that has not been silenced within the aforesaid fifteen-minute period.
The police officers and their employees, the Fire Marshal and the Town shall not be liable for any damages that may accrue by reason of the disablement of such alarm systems as herein provided.
It is the purpose of this article to protect and promote the health, safety and general welfare of the residents of the Town of Pittsford 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 personnel for actual emergencies.
For the purpose of this article, certain words and phrases shall be construed herein as set forth in this section.
- AVOIDABLE ALARM
- The activation of an alarm system through mechanical failure, malfunctions, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or his employees or agents, or through any other cause which, through direct connection to an emergency agency, or which, through notification of an emergency agency by a private answering point or automatic dialing device, or which, through notification to an emergency agency by any other second party or means, indicates that an emergency situation exists requiring an emergency response within the Town of Pittsford when, in fact, an emergency situation does not exist. "Avoidable alarm" does not include alarms activated by violent conditions of nature, such as hurricanes, thunderstorms, earthquakes or any other similar cause beyond the control of the user of an alarm system. Activation of an alarm system under any circumstances in which the activator reasonably believes that an emergency situation exists is not an avoidable alarm.
- FIRE ALARM SYSTEM
- Any mechanical or electrical device which is designed or used for the detection of fire and which emits a sound or transmits a signal or message when activated. Fire alarm systems include but are not limited to 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 the telephone company or a cable television company to protect its systems which might be damaged or disrupted by the use of an alarm system.
- FIRE MARSHAL
- The Fire Marshal or any Code Enforcement Officer of the Town.
- LOCAL ALARM SYSTEM
- A system which produces a signal only at the premises protected.
- Written notice, given by personal service upon the addressee or given by United States Mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service.
- Any person who owns, leases, contracts for or otherwise obtains a fire alarm system.
A permit shall be obtained for the new installation or operation of any fire alarm system other than a local alarm system. Application for such permit shall include the location of the enunciator panel(s), the area of coverage of any or all zones and the exact wording of any message that will be transmitted to the Fire Department or Central Station. A copy of the application and related information will be submitted to the appropriate Fire Department.
A permit is required for all existing fire alarm systems other than local alarm systems. The owner of premises having fire alarms other than local alarm systems on the effective date of this article shall apply for a permit by December 31, 1997. The permit application fee will be waived until December 31, 1997.
Said permit shall expire after two years from the date of issuance and must be renewed. If the information contained in an existing permit changes, the owner has 30 days to correct or change this data by refiling the permit, without additional permit fee for such updating.
Fees shall be determined by the Town Board.
All fire alarm systems must be properly maintained at all times. Operational instructions shall be kept accessible on the premises at all times. Places of public assembly that are required by law to have a fire alarm system may not be occupied by the public if the system is not operational.
The Fire Marshal shall obtain on a weekly basis from the fire districts the avoidable alarms received by the Fire Districts.
The Fire Marshal shall notify the owner in writing of violation of this article when the first avoidable alarm occurs; subsequent avoidable alarms will result in notification and fines as provided in § 52-9.
The Fire Marshal shall maintain a file of all such written notices to owners concerning the first avoidable alarm.
The Fire Marshal shall void the first avoidable alarm report if the owner submits written evidence within 10 days after notification of the first avoidable alarm that the cause of the alarm has been corrected and there has been no avoidable alarm within the previous six months. Written evidence of correction of the cause of the avoidable alarm shall consist of a certificate issued by an organization licensed in New York State to install fire alarm systems.
The provisions of this article are not applicable to audible alarms affixed to automobiles.
Permits shall be required for alarm systems located in buildings of federal, state or local government agencies or authorities or in public elementary or secondary schools, and said alarm systems shall meet the other requirements of this article, including liability for civil penalties for its violation; provided, however, that such alarm systems shall be exempt from permit fees and no order shall be made directing the use of such alarm systems be discontinued or permits suspended or revoked.