[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: This local law also repealed former Article I,
Alarm Systems, adopted 8-12-1974 by L.L. No. 3-1974, as amended.
The purpose of this article is to establish standards and controls of
the various types of fire, intrusion, holdup and other emergency signals from
fire and police alarm devices that require fire department or police response,
investigation or safeguarding of property at the location of an event reported
by a signal which is transmitted by telephone or radio or which is otherwise
relayed to the police or Fire Department by an alarm device requiring investigation
or other action by any person acting in response to a signal actuated by an
alarm device, including such devices already in use within the village.
This article shall exclude from its regulations any devices that are
not connected either to central alarm stations or to fire and police stations.
For the purpose of this article, the following definitions shall apply:
Any person, who is employed by any business, firm, corporation or
other commercial entity that is licensed hereunder to conduct the business
of owning, operating, maintaining, installing, leasing or selling fire or
police alarm devices, whose duties include any of the following: selling maintaining,
leasing, servicing, repairing, altering, replacing, moving or installing in
or on any building, place or premises any fire or police alarm device as defined
in this article, within the Village of East Rockaway.
Any fire or police alarm device or aggregation of fire or police
alarm devices installed on or within a single building or on or within more
than one building or area adjacently located on a common site, at a specific
location.
Any business, firm, corporation or other commercial entity which
is in the business of owning, operating, maintaining, installing, leasing
or selling a fire or police alarm device or devices, or system of fire or
police alarm devices, which business, firm, corporation or other commercial
entity is, as owner, operator, provider of maintenance service, installer,
lessor or seller of said device, devices or system of devices, subject to
the license requirements of this article.
Any facility operated by a private firm that owns or leases a system
of fire or police alarm devices, which facility is manned by operators who
receive, record or validate alarm signals and relay information about such
validated signals to the police or Fire Department when appropriate.
Any fire or police alarm device, which is a telephone device or telephone
attachment, that automatically or electronically selects a telephone line
connected to a central alarm station or police precinct or headquarters or
Fire Department headquarters and reproduces a prerecorded message to report
a criminal act or other emergency requiring police or Fire Department response.
Any fire or police alarm device connected directly, by leased telephone
wires, from a specific location to police precinct or headquarters or Fire
Department headquarters.
Any fire or police alarm device designed to be actuated by a fire,
criminal act or other emergency at a specific location or by a victim of a
holdup, robbery or other emergency or criminal act at a specific location.
Any signal actuated by an emergency alarm to which the police or
Fire Department respond, which is not the result of a fire, holdup, robbery
or other crime or emergency.
Any device which, when actuated by a fire, criminal act or other
emergency requiring police or Fire Department response, transmits a prerecorded
message or other signal by telephone, radio or other means to a central alarm
station or directly to the police or Fire Department.
Any entry into an area or building equipped with one or more police
alarm devices by any person or object whose entry actuates a police alarm
device.
Police headquarters and other enclosures housing privately or publicly
owned equipment serving the police or Fire Department.
It shall be unlawful for any person, business, firm, corporation or
other commercial entity to operate, maintain, install, lease or sell a fire
or police alarm device or devices or system of fire or police alarm devices,
as defined by the terms of this article, without first obtaining a license
as hereinafter provided.
A.
All fire or police alarm devices installed in business,
residential or commercial locations within the Village of East Rockaway shall
conform to the requirements and regulations of the Nassau County Fire Marshal's
Office and/or Nassau County Police Department. The owners of the property
of said locations where fire or police alarm devices were installed, or the
lessees thereof, shall obtain and maintain in full force and effect a license
for said device from either the Nassau County Fire Marshal's office and/or
Nassau County Police Department. A copy of the license shall be filed in the
office of the East Rockaway Village Clerk.
B.
All business licensees and alarm agents who do business
within the Village of East Rockaway shall conform to the requirements and
regulations of the Nassau County Fire Marshal's office and/or Nassau
County Police Department. All business licensees and alarm agents who do business
within the Village of East Rockaway shall file a copy of their license within
the office of the East Rockaway Village Clerk.
All presently existing fire or police alarm devices and systems of fire
or police alarm devices, and present owners and lessees of premises having
such devices or systems, must comply with all provisions of this article within
90 days of adoption.
Every business, firm, corporation or other commercial entity conducting
the business of owning, operating, installing, leasing or selling fire or
police alarm devices within the Village of East Rockaway shall maintain complete
and accurate records of all installations of alarm systems in the Village,
and same shall be available to any village official upon demand.
No fire or police alarm device shall be connected to or use any telephone
line connected to the police precinct or headquarters, except those lines
authorized pursuant to the requirements and regulations of the Nassau County
Fire Marshal's office and/or Nassau County Police Department.
It shall be a violation of this article to intentionally cause a false
holdup alarm, and any person who does intentionally cause a false holdup alarm
shall be issued an appearance ticket pursuant to provisions herein and shall
be subject to the penalty provisions hereof.
Any owner or lessee of property having a fire or police alarm device
on his or its property shall be issued an appearance ticket pursuant to the
provisions herein for each false emergency alarm and shall be subject to the
penalty provisions herein.
The installation and maintenance of fire or police alarm devices permitted
by this article, including the connection to the police precinct or headquarters
or fire headquarters, shall be made at no cost to the village. The owner or
lessee shall be responsible for the maintenance and service of his or its
fire or police alarm device equipment and shall be responsible for all malfunctions
of his or its equipment.
If the location of the police precinct or headquarters or fire headquarters
should be changed at any time, the village shall not be responsible for any
expense incurred by the owner or lessee or business licensee or alarm agent
for moving alarm systems or reconnecting such systems to the relocated police
precinct or headquarters or fire headquarters.
All personnel designated in the Village of East Rockaway to enforce
village ordinances shall have full authority to enforce the provisions of
this article.
A.
Intentional false alarms. Any person committing an intentional
false alarm shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not to exceed
$1,000 or by imprisonment not exceeding 15 days, or by both such fine and
imprisonment.
B.
False alarms.
(1)
Any person committing a false alarm shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine according to the following schedule:
(2)
Each individual false alarm shall be a separate and distinct
offense hereunder.
(3)
The twenty-four-month period herein shall be measured
from the date of the false alarm backward for a period of 24 months. The twenty-four-month
period shall not precede the adoption of the revision adoption date.
[Adopted 5-10-1982 by L.L. No. 3-1982]
A.
It shall be the responsibility of the owner of all new
and existing buildings located within the Village of East Rockaway, Town of
Hempstead, Nassau County, New York, which have facilities for three or more
occupied dwelling units or commercial establishments having facilities for
the overnight occupancy by three or more persons, such as but not limited
to motels, hotels, nursing homes and rooming houses, to install smoke detectors
in each such dwelling unit or accommodation as hereinafter provided. Said
smoke detectors shall be capable of sensing visible or invisible particles
of combustion and providing a suitable audible alarm thereof. Further, they
shall be installed not later than December 31, 1982, in the manner hereinafter
provided, unless any other provision of county, state or federal law shall
require installation before that date.
B.
Failure to install smoke detectors as and where required
by said date will subject the property owner to the penalties set forth hereinafter.
At least one smoke detector shall be installed to protect each sleeping
area. A "sleeping area" is defined as the area or areas of the family living
unit in which the bedrooms or sleeping rooms are located. Where bedrooms or
rooms ordinarily used for "sleeping areas" are separated by other used areas,
such as kitchens or living rooms but not bathroom or closets, they shall be
considered as separate "sleeping areas" for the purpose of this section. In
commercial establishments, each separate room used as a "sleeping area" shall
be considered a separate "sleeping area."
At least one smoke detector shall be installed at the head (top) of
each stairway or passageway leading up or to an occupied area in such a manner
as to assure that rising smoke is not obstructed in reaching the detector
and that the detector intercepts rising smoke before it reaches the sleeping
area.
As an alternative to self-contained smoke detectors, an approved fire
detection system may be installed. Each fire detection system must be individually
approved and a permit issued therefor by the Building Department of the Village
of East Rockaway.
All devices, combinations of devices and equipment required herein are
to be installed in conformance with the New York State Uniform Fire Prevention
and Building Code and this article and approved by the Bureau of Fire Prevention
and listed by said Bureau for the purpose for which they are intended. Said
list may be subsequently amended by the Bureau of Fire Prevention as necessary.
Such approval shall be permanent unless the Board subsequently finds that
the equipment is hazardous or unreliable, in which case the Bureau may suspend
or revoke approval. The Bureau may in any such case determine whether replacement
of existing installations shall be required. Transfer to the inactive list
shall not affect equipment approval.
In new residential dwellings, smoke detectors shall be wired directly
(hard wired) to the building's power supply. In existing dwellings within
multifamily dwellings of 10 units or more, the detectors shall meet the multifamily
building power source requirements of state law or, in the absence of state
law, the requirements hereunder covering other existing dwellings. In other
existing dwellings, it is preferred that smoke detectors be wired directly
to the power supply. However, said detectors may be powered by a self-monitored
battery or operated in a plug-in outlet which is fitted with a plug restrainer
device, provided that the outlet is not controlled by any switch other than
the main power supply.
Every detector or system installed or maintained under this article
shall have an adequate power source for proper operation and lack of the same
shall constitute a violation of this article.
No smoke detector or alternative system shall be directly connected
(permanently wired) to the electrical system of the structure unless an inspection
and approval of such electrical installation shall be obtained from the New
York Board of Fire Underwriters, and a certificate of such inspection and
approval shall be filed with the Building Department of the Village of East
Rockaway.
This article is intended to be used with and supplemented by the applicable
provisions of any state, municipal or village code or ordinance.
All personnel designated in the Village of East Rockaway to enforce
village ordinances shall have full authority to enforce the provisions of
this article.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person, firm or corporation violating any of the provisions of this
article shall, upon conviction therefor, be subject to a fine not exceeding
$250 or to imprisonment for 15 days, or both. Each day a violation is permitted
to exist shall constitute a separate offense.
