[HISTORY: Adopted by the Mayor and City Council of the City of Havre de Grace as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise from security alarms — See Ch. 116, § 116-2B(7).
[Adopted 4-15-1991 by Ord. No. 752; amended in its entirety 1-3-2011 by Ord. No. 923]
It is the purpose of this article to promote and protect the health, safety and general welfare of the City by providing for the regulation of false alarms from automatic fire alarm systems which currently reduce the fire-fighting capacity available for answering legitimate fire calls in the City of Havre de Grace.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
ALARM SYSTEM:
A. 
An automatic alarm system is one that mechanically or remotely contacts the 911 center to alert an emergency response.
B. 
A system of manual fire alarm stations that produces an audible signal when activated.
ALARM SYSTEM CONTRACTOR
A person who installs, maintains, monitors, alters, or services alarm systems. This does not include a person who sells or manufactures alarm systems unless that person installs, maintains, monitors, alters, or services alarm systems.
ALARM USER
The person who occupies a building, structure, or facility in which an alarm system is operational.
DEPARTMENT OF PLANNING
The Department of Planning of the City of Havre de Grace, Maryland.
FALSE ALARM
The activation of an alarm system that causes a response from the Susquehanna Hose Co., Inc. (SHCO) regardless of the cause that is not in response to an actual emergency and is not deliberate. This includes:
A. 
A negligently or accidentally activated alarm signal; and
B. 
An alarm signal activated as the result of a faulty, malfunctioning, or improperly installed, located or maintained alarm system.
This does not include:
A. 
An alarm signal activated by unusually severe weather conditions or other causes beyond the control of the alarm system contractor or alarm user; or
B. 
An alarm signal activated during the initial period of 60 calendar days after an alarm system is installed; or
C. 
An alarm signal that causes a response from the SHCO that is not dispatched as an automatic alarm.
PERSON
Any person, firm, partnership association, company, corporation, or organization of any kind.
When an alarm system is responsible for a false alarm, the Department of Planning, upon written request from the SHCO, shall issue a citation for a municipal infraction to the alarm user if the alarm system has been responsible for two or more false alarms in the previous twelve-month period.
The municipal infraction penalty for a false alarm violation shall be a fine of $100 for the second false alarm within a twelve-month period; $500 for the third false alarm in a twelve-month period; and $1,000 for each subsequent false alarm in a twelve-month period. Funds collected hereunder shall be deposited into a public safety account in the general fund of the City and designated for the purchase of smoke detectors and carbon monoxide detectors. The funds shall only be used to reimburse the SHCO upon proof of the purchase and distribution of detectors in the City.
An alarm system is defective if it is responsible for two or more false alarms in a period of 12 months.
The Department of Planning, upon notification by the Susquehanna Hose Co., Inc., shall provide written notice by certified mail to the alarm user of a defective alarm system causing false alarms within one working day.
Upon receiving notice of a defective alarm system, the alarm user shall:
A. 
Have the alarm system inspected by an alarm system contractor within 30 calendar days of receiving the notice; and
B. 
File a written report with the Department of Planning within 15 calendar days after the inspection.
The written report submitted to the Department of Planning shall contain:
A. 
The result of the inspection;
B. 
A description of the probable cause of the false alarms; and
C. 
A description of all actions taken to prevent future false alarms.
A. 
The Department of Planning shall issue a citation to an alarm user who continues to use a defective alarm system after being notified that the system is defective and fails to comply with the corrective actions as set forth in § 9-7.
B. 
The penalty for using a defective alarm system shall be $200. Each day a violation continues shall be a separate offense.
An alarm system contractor shall notify the Department of Planning and the Harford County Emergency Operations Division by telephone prior to servicing an alarm system.
A. 
The Department of Planning, upon notification by the SHCO, shall issue a citation to an alarm system contractor who violates § 9-10, while the contractor is servicing an alarm system, if the system is responsible for a false alarm.
B. 
The municipal infraction penalty for failing to provide notice of service shall be a fine of $100 for the first offense; and $200 for any subsequent offense.
The enforcement of this article shall be the same as all other ordinances involving municipal infractions. The enforcement authority granted by this section includes the authority to bring appropriate actions in the District Court of Maryland.
[Adopted 2-7-2011 by Ord. No. 924[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 10 but was renumbered to maintain the organization of the Code. This ordinance also provided an effective date of 3-24-2011.
It is the purpose of this article to promote and protect the health, safety and general welfare of the City by setting forth the alarm and detection systems required to be in service in certain buildings in the City.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
ALARM SYSTEM
An alarm and detection system properly installed: 1) according to the Maryland State Fire Law currently found in the public safety article of the Annotated Code of Maryland — Title 9, Subtitle 1, Smoke Detection Systems, and Title 12, Subtitle 11, Carbon Monoxide Alarms; 2) according to the manufacturer's written instructions; and 3) pursuant to the most recent version of the applicable NFPA Standards, including but not limited to 72, 101, and 720, and UL Standards, including but not limited to 72, 101, and 720, and UL Standards 217 and 2034, that detects smoke or carbon monoxide ("Maryland State Fire Law").
ALARM USER
The person who occupies a building, structure, or facility in which an alarm system is required and operational.
DEPARTMENT OF PLANNING
The Department of Planning of the City of Havre de Grace, Maryland.
A. 
In addition to the requirements of the Maryland State Fire Law, each floor of a single-family dwelling, including the basement, shall be equipped with an approved smoke detector.
B. 
In addition to the above requirements, landlords of single-family dwellings shall have each sleeping area equipped with an approved smoke detector.
C. 
In addition to the above requirements, landlords of multifamily dwellings shall have each sleeping area equipped with an approved smoke detector, and each corridor used as a means of egress for exit shall be equipped with an approved smoke detector.
A. 
In addition to the requirements of the Maryland State Fire Law, each floor of a single-family dwelling, where there are sleeping quarters, shall be equipped with an approved carbon monoxide detector.
B. 
In addition to the above requirements, landlords of multifamily dwellings shall equip their buildings with one approved carbon monoxide detector per rental unit per level, including the basement, in a central location.
C. 
Notwithstanding the above requirements, all single-family dwellings that do not have an attached garage, and 1) which are equipped with electric-only powered appliances for heat, hot water, ventilation and clothes drying, and 2) which are not equipped with any fossil fuel/wood-burning devices, are exempt from the requirements regarding carbon monoxide detectors.
In addition to the requirements of the Maryland State Fire law, landlords shall at the beginning of each tenancy equip their unit with the required detectors that are operable and in good repair. New batteries shall be installed by the landlord at the beginning of each tenancy. Thereafter, the tenant shall be responsible to maintain the detectors, i.e., change the batteries. Detectors in common areas that are not separately leased to a tenant remain the responsibility of the landlord. After receipt of written notice from the tenant by certified mail, return receipt requested, the landlord shall replace or repair an inoperable detector with a comparable approved detector. A tenant may replace an inoperable detector with a comparable operative one, but may not otherwise remove or render inoperable a detector.
The owners and operators of bed-and-breakfasts, hotels and motels shall equip their buildings with smoke detectors and carbon monoxide detectors in the same manner that a landlord of a multifamily dwelling is required.
In addition to the requirements of the Maryland State Fire Law, detectors installed retroactively as required by this Code may be battery operated.
Landlords and owners and operators of bed-and-breakfasts, hotels and motels shall have an additional 90 days after the effective date of this article to install the required detectors.