[HISTORY: Adopted by the Board of Trustees
of the Village of Canastota 5-1-1995 by L.L. No. 3-1995. Amendments noted where
applicable.]
A.Â
The term "Chief of the Fire Department" as used herein
shall be deemed to refer to Fire Chief in charge of the Canastota
Fire Department.
B.Â
The Fire Council of the Canastota Fire Department
is hereby established and shall be operated under the supervision
of the Chief of the Fire Department. It shall consist of the three
Chiefs and the six Fire Wardens elected by the three fire companies
that constitute the Canastota Fire Department.
C.Â
The Fire Chief shall act as a Fire Marshal, with the
First and Second Assistant Chiefs to act as Assistant Fire Marshals.
All shall work with the Village Office of Code Enforcement.
D.Â
The Fire Chief shall notify the Code Enforcement Officer
of any fire or explosion involving any structural damage, fuel-burning
appliance, chimney, flue or gas vent.
[Added 6-2-2008 by L.L. No. 2-2008]
A.Â
The Code Enforcement Officers being the authority
having jurisdiction together with the Fire Chief or assistants shall
apply and enforce all rules and regulations of the New York State
Uniform Fire Prevention and Building Code.
[Amended 6-2-2008 by L.L. No. 2-2008]
B.Â
The Fire Marshal shall be responsible to activate
the necessary personnel or agencies to determine the cause or attempt
of every fire. Any evidence shall be collected by the proper authorities
and duly noted for further investigation or possible prosecution.
See Chapter 87, Electrical Standards.
The office of the Chief of the Fire Department
shall keep a record of all fires and of all the facts concerning the
same, including statistics as to the extent of such fires, damage
caused and whether such losses were covered by insurance. Such records
shall be made from the fire reports made by the officer in charge
the day the fire occurs.
An annual report of the Canastota Fire Department
shall be prepared and transmitted to the appropriate state, county
and local agencies.
A.Â
It shall be a violation of this chapter and the New
York State Uniform Fire Prevention and Building Code for any person,
firm or corporation to install or cause to be installed, or to alter,
electrical wiring for light, heat or power in or on properties of
the Village of Canastota or within its fire protection area until
an application for inspection has been filed with the authorized agency.
[Amended 6-2-2008 by L.L. No. 2-2008]
B.Â
It shall be a violation of this chapter and the New
York State Uniform Fire Prevention and Building Code for a person,
firm or corporation to connect or cause to be connected electrical
wiring in or on properties for light, heat or power to any source
of electrical energy supply prior to the issuance of a temporary certificate
or a certificate of compliance by the authorized agency.
[Amended 6-2-2008 by L.L. No. 2-2008]
C.Â
Violations.
(1)Â
Any person who shall fail to comply with a written
order of the enforcing officer within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use of
any building who shall knowingly violate any of the applicable provisions
of the article, or any lawful order, notice directive, permit or certificate
of the enforcing officer made thereunder shall be punishable by a
fine of not more than $500, or 30 days in jail, or both. Each day
that a violation continues shall be deemed a separate offense.
(2)Â
Except as provided otherwise by law, such a violation
shall not be a crime and the penalty or punishment imposed thereof
shall not be deemed for any purpose a penal or criminal penalty or
punishment, and shall not impose any disability upon or affect or
impair the credibility as a witness, or otherwise, of any person convicted
thereof.
(3)Â
This section shall not apply to violation of the provisions
of the New York State Uniform Fire Prevention and Building Code punishable
under § 385 of the Executive Law of the State of New York;
nor to violations of the provisions of the Multiple Residence Law
punishable under § 304 of the Multiple Residence Law of
the State of New York.
(4)Â
Appropriate actions and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises; or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed above.
All ordinances or parts of ordinances in conflict
with any of the provisions of this chapter are hereby repealed.
Tanks to be removed in accordance with all DEC
and OSHA Codes.
This article shall be known as the "Village
of Canastota Fire Alarm System Ordinance."
It is the purpose of this article to protect
and promote the health, safety and general welfare of the residents
of the Village of Canastota, by reducing the number of avoidable alarms
to emergency agencies. Avoidable alarms contribute to ineffective
utilization of public safety manpower and equipment. In addition,
avoidable alarms require emergency responses which may contribute
to a high accident rate and delayed responses to genuine emergencies.
This article seeks to ensure that ambulance and fire communication
facilities will be available to dispatch fire and ambulance personnel
for actual emergencies, and to alleviate the nuisance of audible alarms
to the community. Another purpose of this section is to provide the
village with the names of responsible people to contact in the case
of activation of an alarm. This article is enforceable for the following
structures:
As used in this article the following terms
shall have the meanings respectively ascribed to them in this section:
Any individual, partnership, corporation or other entity
engaging in the business of selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing any alarm system.
A device or assembly of equipment which emits a signal which
is intended to alert persons inside or outside a premises to the existence
of a hazard or emergency, or which is intended to alert emergency
agencies by automatically dialing an emergency agency, or which is
connected to a private answering point for the purpose of reporting
such alarms to emergency agencies, or which is directly connected
to the Fire Department, emergency communications center or other emergency
agency. Excluded from this definition and article, however, is any
residential smoke, heat or combustion detector not connected to any
point outside the premises, or intended to be heard or detected outside
the premises.
Any person, firm, partnership, association, corporation,
company or organization of any kind in control of any building, structure
or facility wherein an alarm system is maintained, except when the
alarm system is a proprietary system.
A device which is interconnected to a telephone line and
is programmed to select a predetermined telephone number and transmit
by voice message or code signal an emergency message indicating a
need for emergency response.
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 of his employees
or agents, or through any other cause, which through direct connection
to an emergency agency, or which through notification to 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 Village of Canastota, when in fact,
an emergency situation does not exist. An 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 exists, is not an avoidable alarm.
A fire detection system that is under the control and guidance
of an outside agency that specializes in watch services. The alarm,
in addition to alerting building occupants, will register in the central
watch station. The watch service will then notify the local Fire Department.
A continuous loop of single conductor wire, on which municipal
alarm boxes are installed. This control loop is similar to a telegraph
loop, in that it carries an electrical impulse that is initiated by
a municipal alarm box and sent to the central fire station. These
wires may be buried underground or aerial on telephone poles.
Any fire department, police department or other law enforcement
agency, ambulance company, or other agency summoned to respond to
an emergency situation; and the emergency communications center.
A signaling system which, when activated, causes an audible
signaling device to be activated inside the premises within which
the system is installed, excluding, however, any residential smoke,
heat or combustion detection not connected to any point outside the
premises, or intended to be heard or detected outside the premises.
A fire detection system that ties a local alarm system into
the Canastota Fire Department system. It will transmit the alarm directly
to the Fire Department at the same time that the occupants of the
building are notified.
A telephone line serving an emergency agency or the Emergency
Communications Center that is designated to receive emergency calls.
A business which offers the service of receiving emergency
signals, monitoring said signals, and relaying them to an emergency
agency.
An alarm system sounding and/or recording alarm and supervisory
signals at a control center located within the premises protected
by the alarm which is not intended to alert persons outside of the
premises on which the alarm system is located of a possible hazard
and not intended to alert an emergency agency; the control center
being under the supervision of the proprietor of the protected premises.
If a proprietary system includes a signal line connected directly
or by means of an automatic dialing device to an emergency agency
or to a private answering point, or to a local alarm system, it, thereby
becomes and "alarm system" as defined in this section.
A sounding device activated by water flow detector or alarm
check valve and arranged to sound an alarm which will be audible in
all living areas over background noise levels with all intervening
doors closed.
The provisions of this section shall not apply
to proprietary alarm systems and residential smoke, heat or combustion
detectors not connected to the municipal fire alarm systems. Permits
shall be required for alarm systems located in buildings of federal,
state and city governmental agencies as well as others required by
federal, state, county or municipal statute, regulation, rule or ordinance
to install, maintain or operate an alarm system. No alarm user permit
required under this section shall be revoked if such system is required
by federal, state or local law. However, all other provisions of this
article shall apply to such systems including the payment of authorized
fees.
A.Â
Required. Permits will be required for any person,
business or corporation that ties into the Municipal Village Alarm
System for fires. All new businesses, corporations and other users
that request a permit after the effective date of this law being filed
with the Department of State shall bear the installation fee for the
system.
B.Â
Application.
(1)Â
In order to obtain an alarm user permit, any person
who operates an alarm system shall submit an application for such
permit in the form designated by the village, which application shall
contain the following:
(a)Â
The name and home address of the person applying
for a permit.
(b)Â
The address of the premises upon which the alarm
system is or will be located.
(c)Â
The type of alarm system for which the permit
is sought.
(d)Â
The telephone number of the person applying
for the permit.
(e)Â
The name of the alarm business or businesses
selling, installing, monitoring, inspecting, responding to and/or
maintaining the alarm system.
(f)Â
The name and telephone number of at least one
other person who can be reached at any time day or night, and who
is authorized by the owner of the premises in which the system is
installed, to open the premises.
(g)Â
Any other information that the city may require.
(2)Â
Every application for an alarm user permit shall be
accompanied by the appropriate fee. No alarm user permit shall be
granted unless the fee is submitted at the time of application. Fees
shall be as follows:
(3)Â
Upon receipt of a properly executed application, an investigation of the facts on the permit application shall be conducted by the Fire Department or Code Enforcement for all fire alarm systems. If the investigation reveals that the provisions of § 105-13, have been met, and the applicant's system would not then be in violation of any of the provisions of this article, the village shall issue an alarm user permit to the applicant. Alarm user permits shall not be transferable and shall be maintained on the premises where the alarm system is located. Such permits shall be made available for inspection by fire or code enforcement as appropriate.
C.Â
Duration of permit: An alarm users permit shall expire
on January, next following its issuance. Renewals to be monitored
by the Village Clerk and users to be notified.
D.Â
False alarms: permit revocation.
(1)Â
Any alarm system which has four or more false alarms
within a permit year for any alarm system.
(2)Â
If an emergency agency records four or more false
alarms within a permit year for any alarm system:
(a)Â
The Fire Chief, if a fire alarm system is involved,
shall notify the alarm user, insurance carrier and the alarm business
providing service or inspection to the user by certified mail of such
fact and direct that the user submit a report to the appropriate chief
within 10 days of receipt of the notice describing actions taken or
to be taken to discover and eliminate the cause of false alarms, or
why any such alarm should not be classified as an avoidable alarm.
Such notice shall also inform the user that avoidable alarms, greater
than four in number, will be subject to a user fee of $25 for each
such avoidable alarm in excess of four. Payment of such fees shall
be upon renewal of said permit.
(b)Â
If the alarm user submits a report as directed, the chiefs shall determine if the actions taken or to be taken will prevent the occurrence of false alarms; if he determines that the action will prevent the occurrence of false alarms, he shall notify the the alarm user and the relevant alarm business by certified mail that the permit will not be revoked at that time and that if one more false alarm occurs within the permit year, the permit holder will be fined $50 a day until the problem has been solved, subject to the procedure described in the following Subsection D(2)(c). The chief shall also notify the user of the number of alarms he has determined to be avoidable alarms, and of the user's right to a hearing on the classification of the alarms, provided more than four have been found. The user shall exercise such right by filing with the chief a written request for a hearing within 10 days of the date of the chief's notice that he has determined the user to have incurred in excess of four avoidable alarms.
(c)Â
If no report is submitted, or if the chief determines
that the action taken or to be taken will not prevent the occurrence
of false alarms, the chief shall give notice by certified mail to
the user that the permit holder will be fined $50 a day until the
problem has been solved, providing that the user does not file, within
that period, a written request for a hearing. The chief shall also
include notice of the number of alarms he has determined to be avoidable
alarms, of the user's right to a hearing on the classification of
alarms, provided that more than four have been found, and the manner
of requesting same, as above provided.
(d)Â
If a hearing is requested, written notice of
the time and place of the hearing shall be served on the user by the
appropriate chief by certified mail at least 10 days prior to the
date set for the hearing, which date shall not be more than 21 nor
less than 10 days after the filing of the request for hearing.
(e)Â
The hearing shall be before the Fire Chiefs
and Village Board and the chief and the alarm user shall have the
right to present written and oral evidence, subject to the right of
cross examination. If it is determined that four or more false alarms
have occurred in a permit year, and that the user has not taken reasonable
and appropriate actions to discover and prevent the occurrence of
false alarms, the Village Board shall issue written findings to the
user. If the user has presented the issue by filing of the required
written request, the Fire Chief shall determine the number of avoidable
alarms which have occurred during the permit year, and the amount
of the additional avoidable alarm fee that has accrued.
(f)Â
An alarm user who has been fined under Subsection D(2)(c) of this section will have the fines discontinued by submission of proof that modifications have been made to the alarm system to reduce the number of avoidable alarms, and by payment of a $50 excessive use fee, together with the fee for the accrued number of avoidable alarms in excess of four. Should another avoidable alarm occur during the life of the permits, same shall be subject to summary revocation. In such a case, the revocation shall be effective on the third day following the mailing, by certified mail, of a notice of revocation by the chief of fire and village board as appropriate.
E.Â
Renewal of permit. At the end of the permit year,
the Village Clerk shall notify the alarm system user of the necessity
of renewing the permit. Such notice shall contain an accounting of
all avoidable alarms by the user's system during the previous year.
A renewed permit shall be issued upon payment of a renewal fee as
scheduled below and any avoidable alarm fees from the previous permit
year.
F.Â
If a permit lapses, no new permit shall be granted
unless the alarm user applicant shall pay all outstanding excessive
use fees and additional avoidable alarm fees accrued during the three
years previous to the application for a new permit.
Violators of § 105-13A shall be guilty of a violation and subject to a fine of not less than $100 but not more than $250. However, if the alarm user obtains a permit within 25 days, the charges shall be dismissed.
A.Â
It is unlawful for any person to program an automatic
dialing device to select a primary trunk line, including any line
assigned to the Canastota Fire Department; and it unlawful for an
alarm user to fail to disconnect or reprogram an automatic dialing
device which is programmed to select a primary trunk line within 12
hours of receipt of written notice from the fire or police chief that
it is so programmed.
B.Â
Within 60 days after the effective date of this article,
all existing automatic dialing devices programmed to select a primary
trunk line shall be reprogrammed or disconnected.
Every alarm business installing or operating
systems within the Village of Canastota shall provide all alarm system
purchasers of lessees with written instructions that provide adequate
information to enable the alarm user to operate the alarm properly.
A current copy of all such written instructions shall be furnished
to the village upon request.
Alarm systems which are interconnected or otherwise
transmit signals directly to the Emergency Communications Center located
in Wampsville, New York, shall be subject to the laws, rules and regulations
and penalties adopted by the County of Madison, relating to such systems.
The Village of Canastota will maintain all alarm
wire on a control loop. This will include the cost of installation,
preventative maintenance, and all necessary repairs needed of such
wire. The alarm business or organization will be charged a one time
fee of $100 plus the cost of the interface between the local alarm
and municipal alarm. These costs will include the Gamewell master
box, labor for the interconnection, and all miscellaneous items. An
estimate for these costs is available upon written request. All payments
are to be made to the Village Clerk upon approval of the alarm permit.
Such funds to be transferred to the fire alarm account (which will
be an ongoing account).
The Fire Chief is hereby directed to develop
procedures necessary to implement this article and to commence an
ongoing public education to inform users and potential users of alarm
systems of the requirements and purpose of this article. Said education
program shall also serve to increase public awareness of the cost
and danger of false alarms, tending to reduce their number.
A.Â
All information submitted in compliance with this
article shall be held in the strictest confidence and shall be deemed
a public record exempt from disclosure pursuant to state statute;
and, any violation of confidentiality shall be deemed a violation
of this article. The chief shall be charged with the sole responsibility
for the maintenance of all records of any kind whatsoever under this
article.
B.Â
Subject to the requirements of confidentiality, the
chiefs shall develop and maintain statistics having the purpose of
assisting alarm system evaluation for use by member of the public.
Unless otherwise herein specifically stated,
a violation of any provision of this article shall constitute a violation,
punishable by a fine of not less than $50 nor more than $250. Each
week constitutes another violation.
