[HISTORY: Adopted by the Town Board of the
Town of Brighton as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
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.
A person, firm or corporation who or which files an application
for a new or renewal permit as provided in this article.
A device designed for the detection of fire which generates
an audible sound on the premises when it is actuated.
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.
Calendar day.
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.
The Fire Marshal of the Town of Brighton, or Deputy.
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.
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.
Natural person, firm, partnership, association or corporation.
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 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.
[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;
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;
(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.
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.
