[HISTORY: Adopted by the City Council of the City of Cape May as
indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 793 (Sec. 4-14 of the 1997
Revised General Ordinances)]
A.
Many property owners in the City of Cape May have installed
various mechanical and electronic fire emergency alarm devices, hereinafter
"fire alarm system," as protection or warning against fire.
B.
When activated, the fire alarm systems often require
response by personnel and equipment of the Fire Department.
C.
Unnecessary fire alarms caused by mechanical failure,
malfunction, improper installation, or the negligence of the owner or lessee
of an alarm system or of his or her employees or agents is a cause of increasing
concern, a waste of manpower and public resources, a public nuisance, and
a threat to public safety.
D.
City Council finds that legislation directed at regulating
the installation and maintenance of fire alarm systems is necessary and will
help insure that the devices function properly to protect life and property
while at the same time reducing the number of unnecessary alarms within the
City.
As used in this article, the following terms shall have the meanings
indicated:
The Fire Official or, in his absence, the ranking officer of the
paid Fire Department, shall be the Chief Officer with respect to fire alarms
involving personnel or equipment of the Fire Department.
Any electrical or mechanical device at any single location used and/or
intended to be used to alert neighbors, the public, or City Police or Fire
Departments to a fire, or other fire-related emergency. Not included are smoke
detectors or similar devices in private residential structures which are intended
to alert residents of the same residential structure of a fire or potential
fire, nor municipal emergency fire alarm signals.
Any person, corporation, partnership or entity, including any state-licensed
electrician, who installs or maintains fire alarm systems, subject to all
applicable licensing and permit requirements. Except for state-licensed electricians,
each fire alarm system installer or maintenance entity shall be required to
be registered in accordance with N.J.S.A. 56:8-136 before engaging in any
work on any fire alarm system in the City.
[Amended 11-14-2005 by Ord. No. 53-2005]
The activation of a fire alarm system through mechanical failure,
malfunction, improper installation, accidental tripping, testing without proper
advance notice to all parties to be affected, misoperation, misuse, or the
negligence of the fire alarm system owner or of his or her employees or agents
that results in a response by the Fire Department where an emergency situation
does not exist. Not included in this definition are alarms caused by hurricanes,
telephone line malfunction, electrical power outage from a public utility,
or other unusual or violent conditions which are clearly beyond the control
of the fire alarm system owner.
A.
All fire alarm systems. All fire alarm systems shall
be registered with the Fire Department on a registration form approved by
the City Attorney. The registration form shall require full identification
of the fire alarm system owner, complete details of the fire alarm system,
names of people (at least two) who can be contacted to shut off the fire alarm,
guarantee that the fire alarm meets minimum standards, and a promise that
the fire alarm system will be regularly maintained and inspected by a licensed
professional. Each registration form shall require the applicant to consent
to inspection of the premises by appropriate City personnel to enforce the
provisions of this article.
B.
New fire alarm systems.
(1)
No fire alarm system may be installed or operated unless
or until a permit has been issued in writing by the Construction Official
of the City.
(2)
Prior to use, the fire alarm system owner shall apply to the Construction Official for an inspection by the appropriate subcode official to insure compliance with all applicable codes, and it must be registered with the Fire Department as set forth in Subsection A above. All installation and service of fire alarm systems shall be performed by a qualified and licensed alarm installer, subject to approval by the Construction Official.
C.
Preexisting fire alarm systems. Within 120 days from the effective date of this article, all fire alarm systems within the City must be registered with the Fire Department as set forth in Subsection A above. Within one year from the effective date of this article, all fire alarm system owners shall take all steps necessary to bring his or her fire alarm system into compliance with all applicable codes, and the fire alarm system owner shall apply to the Construction Official for an inspection by the appropriate subcode official to insure compliance.
A.
Annual certification. All fire alarm systems within the
City shall be tested, repaired if necessary, and certified as being in proper
operating condition by a licensed electrician or other licensed fire alarm
system installer or maintenance entity on an annual basis. A written report
of the annual certification shall be supplied no later than December 31 of
each year to the Fire Department.
B.
Recertification after unnecessary fire alarms. Within
48 hours after every unnecessary fire alarm, a fire alarm system owner shall
cause the fire alarm system to be tested, repaired if necessary, and certified
in writing as being in proper operating condition by a licensed electrician
or other licensed fire alarm system installer or maintenance entity. A written
report of the recertification shall immediately be supplied within 48 hours
of the unnecessary alarm to the Fire Department. The Fire Official may also
require such recertification on a quarterly basis where conditions justify
same. Saturdays, Sundays and holidays shall not be counted in the forty-eight-hour
requirements of this subsection.
C.
Certification fee. An annual fee of $50 shall accompany
each annual certification to help defray the City's costs of reviewing and
processing the certification, and of monitoring compliance with the requirements
of this article. Where the initial registration fee required above shall have
been paid during the first calendar year of operation of any fire alarm system,
no certification fee shall be required for the first calendar year of operation.[1]
All fire alarms within the City shall be reported to the Fire Department
immediately, whether or not the fire alarm system owner or representative
believes the fire alarm was necessary. The Fire Department shall respond pursuant
to established procedures and investigate each fire alarm to determine what
actions, if any, are required.
A.
Initial classification. Within one hour of leaving the
scene of any fire alarm, the Chief Officer shall make a determination as to
whether the fire alarm was necessary or should be classified as an "unnecessary
fire alarm." The Chief Officer shall make the determination known to the Fire
Department on a form approved by the City Attorney.
B.
Notification of unnecessary fire alarm finding to owner. Immediately after any determination by the Chief Officer that an alarm was unnecessary, the Fire Department shall notify the fire alarm system owner in person or by telephone, making notation of the time and method of the notification on the classification form. The fire alarm system owner shall be advised of his or her obligation to proceed with recertification as set forth in § 130-4B.
C.
Administrative appeal of unnecessary fire alarm finding. No administrative appeal may be taken in the case of seven or more alleged unnecessary fire alarms by a fire alarm system in any calendar year, which violations shall require mandatory appearance in Municipal Court pursuant to § 130-7A below. With respect to the first six unnecessary alarms at any location, any fire alarm system owner who has been notified pursuant to Subsection B above and who believes that he or she has information or cause to show that the fire alarm should not have been classified as a first, second, third, fourth, fifth, or sixth unnecessary fire alarm, shall be entitled to appeal the determination as follows:
(1)
Within 48 hours after the fire alarm, the alarm system
owner may file a written statement of appeal, complete with all information
and arguments to sustain his belief that the fire alarm should not be classified
as unnecessary with the Fire Department. In the appeal, the fire alarm system
owner shall clearly state whether a hearing and opportunity to testify is
requested.
(2)
The Fire Department shall provide a copy of the appeal
to the City Manager or his designated representative, who shall carefully
consider it. If a hearing request is contained in the appeal, the City Manager
or his designated representative shall conduct the same, giving the appellant
an opportunity to testify, and shall either sustain or deny the appeal in
writing to the Fire Department which shall provide a copy of final determination
to the fire alarm system owner by personal service or by certified mail.
(3)
During the time of any administrative appeal, ending
with service of the final determination by the City Manager or his designated
representative to the fire alarm system owner, all time requirements and enforcement
actions on the specific fire alarm classification being appealed under this
article shall be delayed.
The Fire Department shall keep and maintain a log of all fire alarms
to which the Department responds, including all pertinent information required
by this article, and shall make an annual report to City Council.
A.
The fire alarm log shall also include dates, times and
pertinent information concerning all notifications, reports, and any other
actions taken pursuant to this article. Such logs shall be open for inspection
by alarm system owners, alarm system installers or maintenance entities, and
the public upon request and reasonable notice as prescribed by law.
B.
It shall be the responsibility of the Fire Department to provide full details of fifth and sixth unnecessary fire alarms by a fire alarm system to the City Treasurer, who shall issue a bill to the fire alarm system owner pursuant to § 130-7A(2) below and collect payment by established procedures.
A.
Unnecessary fire alarm violations.
(1)
There shall be no penalty for the first, second, third,
or fourth unnecessary alarms by a fire alarm system within any calendar year.
(2)
After four unnecessary fire alarms occur in any calendar
year, a fire alarm system owner shall be required to pay $100 for the fifth
unnecessary fire alarm and $200 for the sixth unnecessary fire alarm. Penalties
for fifth and sixth unnecessary fire alarms shall be paid directly to the
City Treasurer within 30 days of receipt of a notice to pay.
(3)
For the seventh and each additional unnecessary fire
alarm in any calendar year, the Fire Official shall cause a complaint and
summons to be issued to the fire alarm system owner, which shall result in
mandatory appearance by the fire alarm system owner in Municipal Court. Upon
conviction, the fire alarm system owner shall be subject to a fine of not
less than $50 for each unnecessary fire alarm that has occurred to date during
the calendar year (i.e., a fine of $350 for the seventh unnecessary alarm,
$400 for the eighth, etc.).
B.
Continuing violations. Upon conviction, a fire alarm
system owner shall have seven days to replace or repair the fire alarm system
to bring it into compliance. Failure to do so shall constitute a new and subsequent
offense.
C.
All other violations. Upon conviction of any other violation under this article, including failure to register or properly maintain a fire alarm system, or failure to properly report a fire alarm, a fire alarm system owner shall pay a fine of not less than $200 nor more than the penalty set forth in Chapter 1, Article III, Penalty.
[Amended 11-14-2005 by Ord. No. 53-2005]
The City Manager is authorized to promulgate administrative rules, regulations,
and procedures to further the purposes of this article and to file same with
the City Clerk. Such procedures shall include provisions to permit the connection
of fire alarm signals and equipment to City property and facilities.
All alarms connected to company alarm panels and/or to City property
or telephone lines leading to City property shall be brought into compliance
with the terms of this article.
[Added 5-15-2007 by Ord. No. 103-2007]
A.
The following structures shall be equipped with a key
lock box installed at a location that is approved by the Chief Officer, which
shall be at the main entrance or such other location as required by the Chief
Officer:
(1)
Commercial and industrial structures protected by an
automatic alarm system or automatic suppression system, or such structures
that are secured in a manner that restricts access during an emergency;
(2)
Multidwelling unit structures that have restricted access
through locked doors and have a common corridor for access to the dwelling
units;
(3)
Government-owned structures or assisted-living or nursing-care
facilities;
(4)
Any other structures as determined by the Chief Officer,
which determination shall be at the Chief Officer's discretion.
B.
The owner of the structure shall be responsible for the
cost of installation and maintenance of the key lock box. For the purpose
of this section, "owner" shall mean the individual or legal entity holding
title to the structure or the property upon which the structure is located.
In the case of a condominium, the owner shall mean the condominium association
or, in the event there is no condominium association, the owner shall mean
all of the condominium owners collectively.
C.
All newly constructed structures subject to this section
shall have the key lock box installed and operational prior to the issuance
of a certificate of occupancy. All structures in existence on the effective
date of this section and subject to this section shall have 90 days from the
effective date of this section to have a key lock box installed and operational.
D.
As used in this section, the term "key lock box" shall
mean a type of key lock box system capable of storing keys for the purposes
set forth in this section, the exact type and manufacturer of which shall
be approved by the Chief Officer.
E.
The owner or operator of a structure required to have
a key lock box shall, at all times, keep a key or keys in the lock box that
will allow for access to all points of egress capable of being locked, whether
on the interior or exterior of the structure, mechanical equipment rooms,
electrical rooms, elevator controls, fenced or secured areas, or any other
room, enclosure, or area as required by the Chief Officer.
F.
The Chief Officer is authorized to promulgate administrative
rules, regulations, and procedures to further the purposes of this section
and to file same with the City Clerk.
G.
For the violation of any provision of this section, the maximum penalty, upon conviction of the violation, shall be the penalty stated in Chapter 1, Article III, Penalty; the minimum penalty, upon conviction of a violation of any provision of this section, shall be a fine of not less than $100. Each day that a violation of any provision of this article exists shall be deemed a separate offense.
