1. Definitions. For the purposes of this section, these words have the following meaning:
A. “False Alarm” means the activation of a fire alarm system through mechanical failure, malfunction, improper installation, improper maintenances, or the negligence of the owner or lessee of the fire alarm system or his or her employees or agents. This does not include alarms caused by unauthorized tampering with a fire alarm system by anyone other than the fire alarm user or his or her agent.
B. “Fire Alarm System” means any assembly of equipment, mechanical or electrical, installed by a fire alarm business, arranged to signal the occurrence of a fire, smoke, water flow or other condition to which the fire department may be expected to respond.
C. “Fire Alarm User” means a person, firm, partnership, association, corporation, company, or organization of any kind that is in control of any building, structure, or facility where a fire alarm system is present.
D. “Testing and Maintenance” means when an alarm service technician or alarm company conducts fire alarm system testing.
2. Fire Alarm Activation and User Fee.
A. Whenever fire department personnel respond to an activated fire alarm system the Fire Chief or authorized fire official in charge of the incident shall determine if the response was caused by a false alarm and shall indicate that fact upon the incident report.
B. The fire department shall regularly review incident reports to monitor the accumulation of false alarms at any one location. Whenever two false alarms have occurred at the same location within one calendar year, and the location is within the response jurisdiction area of the City of Altoona, the Fire Department shall notify the fire alarm user by letter, citing the location and date of each alarm activation. The letter shall recommend that appropriate action be taken on the part of the fire alarm user to alleviate the causes of such false alarms and shall include a statement than an accumulation of more than three false alarm activations within a year shall result in a charge for services. Another similar letter shall be sent when three false alarms have occurred at the same location within the year.
C. When four false alarms have occurred at one location within a calendar year, a user fee for service for false alarm response shall be invoiced to the property owner. Each additional false fire alarm activation within the same calendar year shall be invoiced an additional fee. In the event that payment of the fee is not made within thirty days of billing, an administrative charge for collection shall be assessed. All fees shall be established by resolution of the City Council, as adopted. The fee hereby established affords only partial recovery of the expenses incurred in responding to the false alarms.
D. Whenever fire department personnel respond to a fire alarm that has been activated due to testing and maintenance, the fire official in charge of the incident shall determine if the response resulted from failure to make the proper notification to the alarm system monitor center and the Polk County Communication Dispatch Center and shall so indicate on the incident report. Notwithstanding anything contained in any other section of the ordinance codified in this chapter, if a fire alarm is activated due to testing and maintenance and the Polk County Communication Dispatch Center was not given proper notification, a user fee established by resolution will be imposed upon each false alarm. The responsible party will be the agency, testing or maintenance company representative, or individual that initiated the alarm testing or maintenance.
3. Evidence of Repair Accepted in Lieu of Fee. An alarm user may submit evidence that a malfunctioning system has been repaired in lieu of paying a user fee within ten days of the date of notification of the fee. Evidence such as a receipt from a licensed alarm business with a statement of repairs made to the system is acceptable.
4. Review of False Alarm Fee. Any person may appeal the imposition of the fee to the City Council. A false alarm activation user or his/her designee shall appeal in writing and such appeal shall be made to the Fire Chief within ten days of the date of notification of the fee.
5. False Alarm Fees. A fee for each false alarm shall be paid to the Fire Chief in the amount set forth in the Schedule of Fees as adopted by the City Council.
6. False Alarm Effective Date. False fire alarm activation fees will begin at the time of City Council resolution.