Town of Brighton, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brighton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire sprinkler systems — See Ch. 73, Art. III.
[Adopted 11-13-1985 by L.L. No. 5-1985]
[Amended 1-24-1996 by L.L. No. 1-1996]
It is the purpose of this article to promote the health, safety and general welfare of the residents of the Town of Brighton by reducing the number of avoidable alarms to emergency agencies. This article will allow emergency response agencies to contact responsible people to notify them of an alarm activation. This article also requires registration of all fire alarm systems installed for the purpose of permitting the Town to communicate with them regarding the administration of this article.
[Amended 1-24-1996 by L.L. No. 1-1996]
For the purpose of this article, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended:
ALARM AGENT
Any person who is employed by a fire alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility any fire alarm system.
ALARM BUSINESS
The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any fire alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any fire alarm system in or on any building, structure or facility.
APPLICANT
A person, firm or corporation who or which files an application for a new or renewal permit as provided in this article.
AUDIBLE ALARM
A device designed for the detection of fire which generates an audible sound on the premises when it is actuated.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or his or her 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 Brighton, when, in fact, an emergency situation does not exist. An avoidable alarm also includes the knowing or intentional activation of an alarm to an emergency agency when the activator knows that an emergency situation does not exist. "Avoidable alarm" does not include alarms activated by violent conditions of nature, such as hurricanes, tornadoes, 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.
DAY
Calendar day.
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 of the Town of Brighton, or Deputy.
NOTICE
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 the person's 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 United States Postal Service.
PERMITTEE
Any alarm agent or alarm business who or which shall be granted a permit as provided herein, and his, her or its agents and representatives.
PERSON
Natural person, firm, partnership, association or corporation.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains a fire alarm system. A person or entity may be both a subscriber and an alarm business.
TOWN
Town of Brighton.
A. 
The following are minimum standards and regulations for the installation, construction and maintenance of all fire alarm systems installed within the Town:
(1) 
Alarm equipment shall be securely mounted to the building structure. A suitable moisture barrier shall be provided between equipment and exterior masonry walls.
(2) 
All protective circuit wiring shall have conductors not smaller than No. 18AWG.
(3) 
Wiring between a battery or power supply to an audible signal shall be of sufficient gauge to have a voltage drop not greater than 15%.
(4) 
Alarm wiring shall not be run in the same conduit as Class 1, 2 and 3 power lines. Burglar and fire alarms conductors of Class 2 and Class 3 circuits shall not be placed in any enclosure, raceway, cable tray, cable compartment, outlet box or similar fitting with conductors of light, power and Class 1 circuits.
(5) 
All splices shall be twisted and secured with solderless crimp conductors. Connection of wires to screw terminals shall be made using a spade lug, either crimp or solder type. Terminal boards with clamping washers will not require a spade lug or soldering. Wire nuts and punch block connections will also be permitted.
(6) 
Grounding shall be in accordance with the 1984 National Electric Code Section 250-5 under conditions of Section 250-5(a)(1), (2) and (3), also pursuant to Section 760-6, which refers to the above section.
(7) 
There shall be no testing of alarms by any alarm business, alarm agents or subscribers or the subscribers' agents that would normally summon fire services unless such test is first cleared and verified through the Fire Department.
(8) 
Users of alarm systems are to be thoroughly instructed verbally and in writing in the operation and testing of all equipment, standby power and procedures to be followed in the event of any avoidable alarm and recommended replacement periods of dry cell batteries.
(9) 
All wiring for fire alarm systems is to be in accordance with NFPA 70, Article 760, and in accordance with the New York State Uniform Fire Prevention and Building Code (1984).
(10) 
All equipment must be listed or labeled by a recognized testing agency such as Underwriters' Laboratories, Inc., F.M., Electric Testing Laboratories, C.S.A, etc. Any system installed in accordance with these specifications shall be considered acceptable under these standards.
(11) 
Authorized company identification shall include name, height, recent photograph, company name, address and phone number, signature of employee and company official's signature and the issuing officer's signature.
(12) 
All fire alarm systems shall be inspected annually by qualified service personnel.
[Added 2-13-2008 by L.L. No. 1-2008]
B. 
All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this article. The Fire Marshal may prescribe a certification form to be completed by permittees certifying that a fire alarm system has been inspected and/or maintained by the permittee and the fire alarm system conforms to said minimum standards. An operational permit shall be required prior to the installation of any fire alarm systems. Said permit application shall be accompanied by the fee(s), plans, manufacturer’s cut sheets and other documents and information as reasonably required by the Fire Marshal. The Fire Marshal is authorized to approve, approve with conditions or deny said operational permit. The application and plan review fees shall be set from time to time by resolution of the Town Board.
[Amended 2-13-2008 by L.L. No. 1-2008]
A. 
Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible. In lieu thereof, such person may maintain such information with the Fire Department. In addition to the aforesaid information, the name, address and telephone number of any person having a key to the premises shall be provided to the Fire Department.
B. 
Each audible alarm shall be designed so as to terminate its alarm within 15 minutes from its initiation.
C. 
Fire Department officers or any peace officer may disable an audible alarm that has not been silenced prior to the expiration of the fifteen-minute period, and neither the Town Fire District nor the West Brighton Fire Department, Inc., nor such official shall be liable for any damage that may result.
D. 
No persons, except authorized public safety personnel, shall fail to leave or vacate premises in which a fire alarm has activated or when there has been reported to be a fire or possible fire. No person shall reoccupy said premises until it is deemed safe by the appropriate fire or code enforcement official.
[Added 9-9-2009 by L.L. No. 9-2009]
Every person engaged in the business of repairing, servicing, altering, replacing, removing, designing, selling, leasing, maintaining or installing alarm systems shall carry on his or her person at all times while so engaged a valid identification card in a form approved by the Town Board and shall display such permit to the Fire Marshal, Fire Department officer or any peace officer upon request.
The alarm system permit shall be kept on the premises where the alarm system is located. The Fire Marshal may issue an appropriate permit identification tag and establish requirements for its posting.
No person shall engage in, conduct or carry on an alarm business without first applying for and receiving an alarm business permit therefor in accordance with the provisions of this article.
No person shall engage in, conduct or operate as an alarm agent unless he or she is first registered with the Fire Marshal on the roster of an authorized alarm business. Such registration shall be invalid if the alarm agent leaves the employ of said alarm business.
No person shall possess or use a fire alarm system without first applying for and receiving a fire alarm permit therefor in accordance with the provisions of this article.
A. 
The provisions of this article are not applicable to audible alarms affixed to automobiles.
B. 
The provisions of this article shall not apply to a person who engages in the manufacture or sale of a fire alarm system from a fixed location and who neither visits the location where the fire alarm system is to be installed nor designs the scheme for physical location and installation of the fire alarm system in a specific location.
C. 
Permits shall be required for alarm systems located in buildings of federal, state or local governmental 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 violations; provided, however, that such alarm systems shall be exempt from permit fees.
Whenever any change occurs relating to the written information required by § 28-14 of this article, the applicant or permittee shall give written notice thereof to the Fire Marshal within 20 days after such change or at any hearing conducted under this article if such hearing is conducted before said notice has been given.
The permit-issuing authority shall be the Town Clerk. No permit shall be issued unless and until the application for the same has been approved, in writing, by the approving authority.
The approving authority shall be the Fire Marshal.
Applications for all permits required hereunder shall be filed with the Town Clerk and shall be accompanied by the requisite fee. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The Fire Marshal shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The form of the permit application shall be approved by resolution of the Town Board. The application for fire alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night.
[Amended 1-24-1996 by L.L. No. 1-1996]
The application for the permit shall be denied by the Fire Marshal if the alarm system does not comply with the standards and regulations adopted pursuant to § 28-3 of this article. Said permit shall be issued to the person owning, using or possessing the fire alarm system. Said permit shall be revoked 90 days after the conveyance of premises on which the fire alarm system is located, unless a permittee shall certify that the fire alarm system has been inspected and/or maintained by the permittee after said conveyance and it conforms to the standards and regulations set forth in § 28-3.
A. 
The Fire Marshal shall review the applications for all permits required to be issued under this article. The decision of the Fire Marshal shall be final.
B. 
The final determination of the Fire Marshal may be appealed pursuant to Article 78 of the Civil Practice Law and Rules.
[Amended 1-24-1996 by L.L. No. 1-1996]
An annual permit fee, as set by resolution of the Town Board and on file in the Clerk's office, shall be due and payable on January 1 occurring next after adoption of this article and on January 1 of each subsequent year for each alarm business. Said permit fee shall not be prorated.
An alarm agent shall be permitted to act pursuant to the authority of a valid alarm business permit if in conformance with other provisions of this article.
[Amended 1-9-1991 by L.L. No. 3-1991; 1-24-1996 by L.L. No. 1-1996; 2-13-2008 by L.L. No. 1-2008]
The fee schedule for an alarm system permit shall be on file in the Town Clerk’s office. Each permit shall expire two years after issuance. The Fire Marshal may require a written certification from the permittee that the fire alarm system has been inspected and/or maintained within the past 90 days and that it conforms to the standards and regulations set forth in § 28-3. Records of the inspections, required under § 28-3A(12), shall be maintained on the premises and shall be made available promptly to the Fire Marshal and/or his designee.
The following shall constitute grounds for suspension and revocation of an alarm business permit or alarm agent permit:
A. 
The violation of any of the provisions of this article;
B. 
The failure to comply with standards or regulations set forth in § 28-3 of this article;
C. 
Where any permittee is charged with a crime involving moral turpitude or where the character, reputation or moral integrity of the permit holder or the permit holder's employees is determined inimical to public safety or the general welfare of the community;
D. 
Where the applicant or permittee, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any Town agency;
E. 
Where the applicant or permittee has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation;
F. 
A permittee has failed to keep alarm systems in good repair; or
G. 
A permittee has failed to notify the Fire Marshal, the proper dispatching office and any party who would receive direct communication of an alarm, prior to any service, test, repair, maintenance, adjustment, alteration or installation which might actuate an avoidable alarm. For the purposes of these standards and regulations, any alarm actuated where such prior notice has been given shall not constitute an avoidable alarm.
A. 
The following shall constitute grounds for suspension and revocation of the alarm system permit of a subscriber:
(1) 
The violation of any of the provisions of this article;
(2) 
The failure to comply with standards or regulations set forth in § 28-3 of this article;
(3) 
Where his or her fire alarm system actuates excessive avoidable alarms and thereby constitutes a public nuisance, which shall be deemed to be three avoidable alarms in any one-hundred-eighty-day period;
(4) 
Where the subscriber, the subscriber's employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any Town agency;
(5) 
Where the subscriber has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation;
(6) 
A subscriber has failed to keep the alarm systems in good repair; or
(7) 
A subscriber has failed to notify the Fire Marshal, the proper dispatching office and any party who would receive direct communication of an alarm, prior to any service, test, repair, maintenance, adjustment, alteration or installation which might actuate an avoidable alarm.
B. 
For the purposes of these standards and regulations, any alarm actuated where such prior notice has been given shall not constitute an avoidable alarm.
C. 
The Fire Marshal shall be authorized to establish a cancellation code to be made available to subscribers who desire the ability to avoid an alarm which might otherwise be deemed an avoidable alarm. No penalty shall be imposed for alarms which are canceled in accordance with such procedures.
A. 
The Fire Marshal or designee shall investigate written reports of each alleged avoidable alarm or alleged violations of other provisions of this article. Notice of said written report alleging violation shall be given to the subscriber.
B. 
The person alleged to be in violation of this article shall be given notice of the investigation and an opportunity to be heard during the investigative process. The Fire Marshal may hold a hearing if, in Fire Marshal's sole discretion, it is deemed appropriate.
C. 
Upon completion of the investigation, the Fire Marshal shall make a determination which shall be final. The Fire Marshal shall give notice of said decision to the person alleged to be in violation and to the party who made the report which initiated the investigation.
D. 
A final determination of the Fire Marshal may be appealed pursuant to Article 78 of the Civil Practice Law and Rules.
[Amended 1-24-1996 by L.L. No. 1-1996]
If a person is found to be in violation of this article, the Fire Marshal may:
A. 
Serve the person determined to be in violation with a written order of suspension. Said order shall be effective immediately, if personally served, or three business days after the same has been deposited in the United States Postal Service.
B. 
Immediately upon such an order becoming effective, the person in violation shall discontinue use of any alarm system requiring a permit issued pursuant to this article and cease all operations conducted under the authority of any permit issued pursuant to this article.
C. 
In the event that an order of suspension has been issued for violation of § 28-21A(3), the Fire Marshal may reinstate an alarm system permit upon receipt of the certification that the fire alarm system has been inspected and/or maintained subsequent to the issuance of the order of suspension and a further certification from a permittee that it conforms to the standards and regulations set forth in § 28-3.
A. 
The order of suspension shall become a revocation 15 days after the order of suspension becomes effective, unless the subscriber or permittee initiates an appeal from the determination of the Fire Marshal.
B. 
Where an appeal has been initiated, the order of suspension shall be stayed pending the determination of said appeal.
If any permit is revoked pursuant to this article, the subscriber or permittee shall surrender said permit to the Fire Marshal.
[Amended 1-24-1996 by L.L. No. 1-1996]
Penalties for violation of this chapter shall be as provided in Chapter 1, General Provisions, except that persons in violation of this chapter shall be liable for civil penalties as follows in addition to other provisions of this chapter:
A. 
Failure to have an alarm system permit: $100 for each violation; provided, however, that until one year from the effective date of this article, said penalty shall be deemed waived if the subscriber obtains an alarm system permit within 10 days of notification of the violation.
B. 
Violation of § 28-4B: $100 for each violation.
C. 
Violation of § 28-21A(3):
(1) 
Third avoidable alarm: $100.
(2) 
Fourth avoidable alarm: $150.
(3) 
Each avoidable alarm thereafter: $200.
All remedies shall be cumulative, and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions of this article. The amount of any permit fee or civil penalty shall be deemed a debt to the Town. An action may be commenced in the name of the Town in any court of competent jurisdiction for the amount of any delinquent permit fee or civil penalty. All permit fees shall be due upon issuance of the permit.
A. 
Information contained on applications for permits required under this article shall be confidential.
B. 
Records of avoidable alarms of subscribers shall be deemed to be confidential.
C. 
Records of avoidable alarms on the equipment of any alarm business shall be indexed under the alarm business which installed and/or who certified it to be in conformance with the standards and regulations set forth in § 28-3. Said records shall be available to the public.
D. 
All information on applications pertaining to avoidable alarms shall not be deemed confidential insofar as it is necessary to conduct any litigation under this article or to be provided to appropriate officials for fire protection purposes.