[HISTORY: Adopted by the Town Board of the Town of Southeast 8-20-1992 by L.L. No. 4-1992. Amendments noted where applicable.]
Building construction and fire prevention – See Ch. 54.
The Town of Southeast recognizes the need to regulate the installation and use of emergency alarm systems designed to require Police or Volunteer Fire Department response, investigation and safeguarding of property at the location of an event reported by such a signal. It is the intent of this chapter to reduce in number of false alarms and to encourage the use and proper maintenance of reliable emergency signal systems.
[Added 5-23-2019 by L.L. No. 3-2019]
An approved fire alarm system shall be installed in all existing buildings and habitable structures in accordance with the provisions of the New York State International Fire Code. All buildings and structures constructed after the effective date of this chapter, shall have installed a fire alarm system connected with a central alarm station.
[Amended 10-20-1994 by L.L. No. 4-1994; 6-8-2017 by L.L. No. 5-2017]
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Fire, carbon monoxide, smoke, hold up (robbery), intrusion
(burglary), medical emergency response, and panic alarms or other
devices designed to signal and summon response from law enforcement,
fire and/or emergency medical services, such as ambulance and emergency
medical technicians.[Added 5-23-2019 by L.L. No. 3-2019]
- ALARM PERMIT
- The written authorization of the license authority granted to any person, business, firm, corporation or other commercial entity to install or cause to be installed in his or her place of residence or business any police or fire alarm device, devices or system of police or fire alarm devices.
- CARBON MONOXIDE ALARM
- A single or multistation device that has a sensor capable
of detecting the presence of carbon monoxide and an alarm that sounds
when carbon monoxide is detected.[Added 5-23-2019 by L.L. No. 3-2019]
- CENTRAL ALARM STATION
- Any facility operated by a private firm that owns, leases
or provides answering services for police or fire alarm devices, which
facility is manned by operators who receive, record, validate and
transmit signals to the police, volunteer fire department or other
emergency service providers when appropriate.[Amended 5-23-2019 by L.L. No. 3-2019]
- ENFORCEMENT OFFICER
- The Building Inspector, Assistant Building Inspector(s), Fire Inspector and Code Enforcement Officer(s) of the Town of Southeast shall be the enforcement officers for the purpose of compelling compliance with the provisions of this chapter. Such officers shall have the authority to issue notices of violation and summonses to persons who fail to comply with the provisions of this chapter. Notwithstanding the foregoing, any police officer or peace officer is hereby authorized to enforce the provisions of this chapter.
- ENVIRONMENTAL EMERGENCY OR SUPERVISORY ALARM
- A silent alarm designed to notify persons at a remote location of an operational defect or aberration or a breach of security concerning a particular mechanical system, machinery or mechanism.
- FALSE ALARM
- Any signal actuated by a police or fire alarm device, devices
or system of police or fire alarm devices which is not the result
of a natural disaster, act of God, a criminal act, fire or other emergency
requiring police or fire response. The term "false alarm" shall include
human error and equipment malfunction causing the alarm to be activated,
except when the owner or lessee of such equipment has telephoned or
otherwise informed the central alarm station of a possible false alarm
to shortly ensue resulting from equipment servicing, opening and/or
closing the establishment or residence or similar activity.[Amended 5-23-2019 by L.L. No. 3-2019]
- FIRE CODE OFFICIAL
- A duly authorized representative of the Town charged with
the administration and enforcement of this chapter, including, but
not necessarily limited to, the duly appointed and qualified fire
inspector, emergency coordinator, code enforcement officer, building
inspector and assistant building inspectors.[Added 5-23-2019 by L.L. No. 3-2019]
- HOLDUP/PANIC ALARM
- A silent device installed at a commercial location designed
to signal a remote location requiring police assistance.[Amended 5-23-2019 by L.L. No. 3-2019]
- KEY BOX
- A secure device with a lock operable only by fire department
master key, and containing building entry keys and any other keys
that may be required for emergency access to a particular building
or structure.[Added 5-23-2019 by L.L. No. 3-2019]
- LICENSING AUTHORITY
- The Clerk of the Town of Southeast.
- MEDICAL EMERGENCY RESPONSE ALARM
- A sounding device designed to summon assistance from family or neighbors which is not connected to a remote location through central station service or otherwise.
- National Fire Protection Association.[Added 5-23-2019 by L.L. No. 3-2019]
- New York State International Building Code.[Added 5-23-2019 by L.L. No. 3-2019]
- New York State International Fire Code.[Added 5-23-2019 by L.L. No. 3-2019]
- PANIC ALARM
- An electronic device designed to signal a remote location or emergency service when the wearer needs assistance.
- POLICE OR FIRE ALARM DEVICE
- Any device which, when actuated by a criminal act, fire or other emergency, transmits a prerecorded message or other signal by telephone, radio, central alarm station or audible or visible range to notify the Police or Fire Department, requiring their respective emergency response.
- SYSTEM TROUBLE SIGNAL
- A signal transmitted by an alarm system to a remote location indicating a mechanical or technical problem with the system, other than an alarm condition. Such system trouble signal shall not be transmitted so as to invoke an emergency.
It shall be a violation of this chapter for any alarm devices to be connected directly to the Police Department or Fire Department. Except as may be otherwise required by federal or state law, all alarm devices shall be connected to a central alarm station or other answering service for notification to the appropriate agency or repair service. No tape dialing devices shall be permitted.
[Amended 10-20-1994 by L.L. No. 4-1994]
It shall be a violation of this chapter for any owner or lessee of any police or fire alarm device to cause the placing in operation of any police or fire alarm system in his or her residence or place of business without a permit as required pursuant to this chapter. Those found in violation of this provision shall have 30 days after having been served with a notification by mail of such violation to pay the fine imposed and secure the necessary permit. Failure to do so will subject the violator to additional fines and penalties for each day that such violation shall continue to exist.
[Amended 2-20-1997 by L.L. No. 2-1997; 5-23-2019 by L.L. No. 3-2019]
All applications for alarm permits shall be submitted to the licensing authority on a form prescribed by the Town Board. Such application shall be obtained from the licensing authority. The application shall include a description of the alarm devices installed or to be installed. All applications and renewals shall require a certification that a maintenance inspection has been conducted by a New York State licensed or certified alarm agent within the preceding 12 months.
[Amended 5-23-2019 by L.L. No. 3-2019]
The annual permit fee for an alarm shall be established by resolution of the Town Board and incorporated in the Town's fee schedule. Permits issued shall become valid on the first day of January of any given year and shall expire on December 31 of that year. Permits shall be renewed each year, and any application for renewal shall be submitted on or before the expiration date of the current permit. Any application for renewal which is made after March 1 is subject to an administrative late fee in addition to the annual permit fee set forth in the fee schedule.
Under no circumstances shall the cost of any police or fire alarm device, devices or system of police or fire alarm devices be charged to the Town or Fire Department or Police Department. The owner or lessee shall be responsible for the service of his or her equipment and for correcting any malfunction of same that may occur.
[Amended 2-20-1997 by L.L. No. 2-1997; 6-8-2017 by L.L. No. 5-2017; 5-23-2019 by L.L. No. 3-2019]
The Brewster-Southeast Joint Fire District shall ensure that the Chief of the Brewster Fire Department or his or her designee prepares and submits a written monthly report to the licensing authority, who shall keep an up-to-date and accurate log of all false alarms occurring in the Town.
Any owner or lessee of property having an alarm as defined by this chapter on his or her premises shall be subject to a fine and/or administrative penalty for each and every false alarm occurring on the premises according to the fee schedule as adopted by the Town Board.
Property owners and/or lessees of property failing to have a valid alarm permit as required by this chapter shall be subject to a fine and/or administrative penalty for each false alarm occurring at the premises together with additional fines and/or administrative fees for failure to register the alarm(s) as required.
All permit and administrative fees and charges shall be collected by the licensing authority. Failure to pay a charge shall subject such alarm owner, lessee or user to further penalties as defined herein or as determined by the courts.
Unpaid false alarm fees and/or fines, permit fees or other charges shall become a lien upon the property from which the alarm originated and will be collected in the same manner as real estate taxes after the provisions of § 39-11 are exhausted.
An otherwise valid alarm permit may be suspended or revoked if the licensed property is the location of chronic false alarms.
It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provisions of this chapter in addition to any penalties provided by state law.
[Amended 6-8-2017 by L.L. No. 5-2017]
The licensing authority may for cause deny a permit or refuse to renew a permit, and the Building Inspector, Fire Inspector, Code Enforcement Officer or police officer may for cause recommend the suspension or revocation of a permit issued under this chapter. In the event that the licensing authority refuses to issue a permit or a renewal thereof, a person aggrieved by such denial may appeal to the Town Board in accordance with the provisions of this chapter. In the case of an emergency, the licensing authority may summarily suspend any permit until the Town Board hearing is completed.
Any applicant whose application for a permit has been denied or whose permit has been summarily suspended by the licensing authority may file a request for review with the licensing authority who shall refer same to the Town Board for its review and decision. Such request for review shall be filed within 10 days after notification of denial or suspension.
In the event that the Building Inspector, Fire Inspector, Code Enforcement Officer or a police officer files a written recommendation with the licensing authority requesting the suspension or revocation of a specific permit, such recommendation shall be referred to the Town Board who shall convene a hearing thereon in accordance with the provisions of this chapter.
The Town Board shall hold hearings at such time as it deems necessary. Such hearing shall be convened on at least 10 days' prior written notice, sent by certified mail, return receipt requested, to the applicant or permit holder at the address set forth by such applicant or permit holder in its application filed with the licensing authority or at such other address as such person or entity may designate in writing. The applicant or permit holder may appear at such hearing in person and/or by a duly authorized representative and shall be given an opportunity to present testimony, witnesses or other evidence in support of its application or permit. Upon conclusion of the hearing, the Town Board shall issue its determination, in writing, within 30 days after the close of the hearing. Failure to make a recommendation within such time period, unless waived by all parties concerned, shall be deemed an approval of the proposed action.
The decision of the Town Board shall be mailed to the applicant or permit holder by certified mail, return receipt requested, and shall be a final decision subject to review by a proceeding commenced pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York; provided, however, that any proceeding commenced pursuant to such article to review such determination shall be commenced within 30 days after the decision appealed from was rendered.
The licensing authority is hereby authorized to grant revocable alarm permits, pursuant to rules and regulations promulgated by the Town of Southeast or its duly authorized representative. Such permits may be revoked for good cause shown. The licensing authority shall administer and enforce the provisions of this chapter and any rules and regulations promulgated by the Town Board in accordance with the provisions of this chapter.
The Town Board may promulgate reasonable rules, regulations and standards that may be necessary for the purpose of assuring the proper implementation of the provisions of this chapter. Copies of this chapter and any regulations adopted pursuant hereto shall be available for applicants.
It shall be the duty of the Town Clerk to act as the licensing authority and to receive fees and charges and to keep a record thereof.
It shall be the duty of the Town Clerk to maintain a record of alarm licenses and alarm permits issued and number of false alarms reported and to make a monthly report of same to the Town Board.
[Added 5-23-2019 by L.L. No. 3-2019]
All owners or lessees of commercial property having a structure or building located within the Town of Southeast shall install or cause to be installed and maintained key box(es) in approved locations as determined by the Fire Code Official. Where access to or within a particular commercial/public building or structure or to a particular area within a commercial/public building or structure is restricted because of secured openings or where immediate access is deemed necessary by the Fire Code Official for life-saving or firefighting purposes, the Fire Code Official is authorized to require a key box to be installed on such premises at an approved location. The key box shall be an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access to the subject premises as required by the Fire Code Official.
Locks. An approved lock shall be installed on gates or similar barriers where required by the Fire Code Official.
Elevator keys. Key boxes provided for nonstandardized fire service elevator keys shall comply with Section 506.1.2 of the NYSIFC.
Keys. All key-box cylinders shall be keyed to conform with the key registered to the Brewster Fire Department. The key shall not be freely duplicated.
Maintenance. It shall be the responsibility of the property owner or the owner's representative to maintain key box(es) in good, operable condition and to ensure the keys contained therein are compatible with existing door locks on the premises.
[Amended 5-23-2019 by L.L. No. 3-2019]
All the requirements, rules and regulations pertaining to this chapter in effect as of October 1, 1992, shall remain in full force and effect until subsequently amended by the Town Board.
The Town shall not be liable for any defects in the operation of emergency alarm systems, for any failure by any law enforcement or fire protection agency to respond appropriately on any emergency alarm signal or for the transmission of alarm signals or messages or the relaying of such signals or messages. In the event that the Town finds it necessary to cause the revocation of a permit or to order the disconnection or removal of a defective automatic or signaling device, the Town shall incur no liability therefrom.
Any person, business, firm, corporation or other commercial entity who does not pay any fee or charge established in this chapter or who violates any provisions of this chapter shall be subject to a fine of not less than $100 nor more than $750 or imprisonment for 15 days, or both, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.
[Amended 5-23-2019 by L.L. No. 3-2019]
To the extent that this chapter, enacted pursuant to the authority of the Municipal Home Rule Law of the State of New York, conflicts with any state law of general or special application, including but not limited to the provisions of the Civil Practice Law and Rules relating to time limitations for commencing proceedings pursuant to Article 78 thereof, this chapter shall supersede such state law and take precedence over such law.
[Added 2-20-1997 by L.L. No. 2-1997 ]
All lock boxes, e.g., Knox-type installations, which afford the providers of emergency services access to premises through a centrally located, on-site key, shall be approved by the Fire Inspector's office prior to installation on any premises within the Town.
All lock-box cylinders shall be keyed to accept a Fire Department registered key which can not be freely duplicated.