[HISTORY: Adopted by the City Council of the City of Corning 11-1-2004,
effective 1-1-2005. Amendments noted where applicable.]
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the public in the City of Corning 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 accidents
and delay responses to genuine emergencies. This chapter seeks to ensure that
emergency communications facilities will be available to dispatch personnel
for actual emergencies.
As used in this chapter, the following terms shall have the meanings
indicated:
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 employee or agent, or through any other cause that
indicates an emergency situation exists requiring an emergency response when,
in fact, an emergency situation does not exist and the transmittal of that
alarm occurs through telephone, municipal alarm system, private alarm system,
home dialer, or other means to the Police or Fire Department either directly
or through other public or private dispatch systems. Avoidable alarms shall
include, but not be limited to, the following:
Waterflow alarms caused by normal changes in pressure of broken sprinkler
heads or broken pipes.
Alarms caused by malfunctioning alarm equipment; included are smoke
detectors that are oversensitive, faulty wire connections and loose fire alarm
devices.
Alarms caused by power interruptions.
Alarms set off by nonemergency activation of the alarm system.
Alarms cause by testing or maintenance without prior proper notification
of the Fire and Police Departments.
Where the fire or police alarm system activates excessive avoidable
alarms, and thereby constitutes a public nuisance, which shall be deemed to
be three avoidable alarms in any calendar year, is hereby deemed and determined
to be excessive avoidable alarms.
Any mechanical or electrical device which is designed or used for
the detection of fire or other emergency situations which transmits a signal
or message when activated. Fire and police alarm systems include, but are
not limited to, direct dial telephone devices, alarm systems connected to
the municipal alarm systems and proprietary alarm systems.
Property owners shall be required to register all fire and police alarm
systems with the City of Corning and keep contact information required as
part of the registration process current. Any changes to contact information
shall be reported to the Fire and Police Departments within five business
days. Registrations shall not be transferable from one premises to another
or from one owner to another.
All alarm systems shall be installed, maintained, modified, and/or tested
in accordance with the New York State Fire Prevention and Building Code, and
national police/security system industry standards, so as to minimize the
possibility of false alarms.
A.
Persons working on and around fire and police alarm systems
are expected to take reasonable care during operations to prevent unwarranted
fire and police alarms from being transmitted, thus causing an unnecessary
emergency response.
B.
Persons controlling a fire or police alarm system shall
notify the Fire and/or Police Department subject to receiving direct communication
of an alarm prior to any service test, repair, maintenance, adjustment, alteration
or installation which might activate an avoidable alarm.
No person shall permit conditions which cause, or otherwise result in,
excessive avoidable alarms in any fire or police alarm system in any building
or structure within the City of Corning.
A.
The property owner shall be charged the following fees
for excessive avoidable alarms and/or failing to notify the proper authorities
prior to working on alarm systems or registering their alarm system:
(1)
Fourth avoidable alarm, per system per location, in any
single calender year: $100.
(2)
Fifth avoidable alarm, per system per location, in any
calender year: $150.
(3)
Each avoidable alarm thereafter, per system per location,
in any single calender year: $200.
(4)
Failure to notify the proper authorities prior to commencing
work, or testing, on the fire alarm system: $100 for each occurrence.
(5)
Failure to register alarm system or provide current contact
information: $50 for each occurrence.
B.
New systems shall be exempt from the avoidable alarm
fees for 30 days from the date of installation.
Any person charged a fee in accordance with this chapter may appeal
such fee in writing to the Director of Public Safety, within five business
days. The Director of Public Safety, or his/her designee, shall hold a hearing
within 10 business days and shall render a written decision with 10 days of
such hearing.
If any section, subsection, sentence, clause, or phrase of this chapter
is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
