EDITOR'S NOTE: This chapter, previously a codification of Ordinance 6-82, passed March 2, 1982, and Ordinance 13-82, passed June l, 1982, was repealed and re-enacted in its entirety by Ordinance 13-85, passed July 16, 1985, amended by Ordinance 14-87, passed October 13, 1987, amended by Ordinance 06-2023, passed June 6, 2023.
803.01 Purpose and intent.
803.02 Definitions.
803.03 Installation and registration.
803.04 Contractor required for installation; minimum installation standards.
803.05 Alarm user permits.
803.06 False alarms; Alarm Safety Board; revocation of permits.
803.07 Inspections.
803.99 Penalty.
CROSS REFERENCES
Fire Prevention Code - see M.C.L.A. Sec. 29.1 through 29.33
International Fire Code - see Ch. 1610
Licensing in general; fees, bonds and insurance - see B.R.&T. Ch. 802
National Fire Protection Association Code - see NFPA 1 through 8506
Private Security Business and Security Alarm Act - see M.C.L.A. 338.1051 et seq.
Security Alarm Systems Act - see M.C.L.A. 338.2181 et seq.
Skilled Trades Regulation Act - see M.C.L.A. 339.5101 et seq.
When a fire detection system, burglar alarm, or other alarm device is activated, the City's Fire Department or Police Department respond to protect the lives and property of the citizens and businesses of the City of Battle Creek. This response often requires the Fire or Police Department to place numerous emergency vehicles on the streets, which inherently increases the dangers to members of the Fire and Police Departments, and to the residents and visitors of the City. Although the City supports and encourages the use of alarm systems to alert to fires and detect intruders, malfunctions of alarm systems result in increased dangers, and unnecessary expense.
The purpose of this chapter is to require alarm users throughout the City to maintain operational reliability and to properly use alarm systems connected to an alarm monitoring company in a manner which will reduce false alarm responses required by Fire Department or Police Department personnel, thereby reducing and preventing the misuse of fire and police resources at taxpayer expense. Communities throughout the nation have found that the use of a regulatory ordinance designed to first encourage remedial measures, with progressively increased penalties imposed for failure to implement such measures, reduces the overall number of false alarms by significant percentages. Therefore, in order to further public safety and welfare, and to reduce the undue burden incurred by taxpayers for false alarm responses, the City Commission hereby amends this Chapter 803, which shall be known as "The City of Battle Creek Alarm Systems Ordinance."
(Ord. 06-2023. Passed 6-6-23.)
As used in this chapter:
(a) “Alarm monitoring company” means a company or entity engaged in central monitoring, the receiving of alarms from connected alarm systems, and which is authorized to place calls to the direct dispatch phone number at the Calhoun County Consolidated Dispatch Authority (CCCDA).
(b) “Alarm Safety Board” means the body as organized in this chapter and which may exercise such powers as are conferred upon it by this chapter.
(c) “Alarm system” means any mechanical or electrical device, including an electronic access control system, a video monitoring system, a burglar alarm system, smoke detectors, or any other electronic system that is designed to emit an audible alarm or transmit a signal or message to a central monitoring station if it is activated and that is used to detect an unauthorized entry into a protected premises or alert other persons of the occurrence of a fire or medical emergency or the commission of an unlawful act against a person or in a protected premises. The term includes, but is not limited to, a silent, panic, holdup, robbery, duress, burglary, medical alert, or proprietor alarm that signals a central monitoring station. A security alarm system includes any system that can electronically cause an expected response by a law enforcement agency to a protected premise by means of the activation of an audible signal, visible signal, electronic notification, or video signal, or any combination of these signals, to a remote monitoring location on or off a protected premise. Excluded from this definition are single-family residence smoke or heat detectors not connected with an alarm system at a premise, alarm systems on motor vehicles not connected with an alarm system, or a system that is not monitored by a central monitoring station and does not set off an audible alarm.
(d) “Alarm system agent” means a person employed by an alarm system contractor, whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing and responding to (or causing others to respond to) an alarm system.
(e) “Alarm system contractor” means a person, corporation, company, or other entity engaged in the installation, maintenance, alteration or servicing of alarm systems, central monitoring, or who responds to an alarm system. “Alarm system contractor” does not include a business which only sells or manufactures alarm systems, unless the business services alarm systems, installs alarm systems or monitors or responds to alarm systems at the protected premises.
(f) “Alarm user” means any person, partnership, corporation, company, or other entity on whose premises within the City an alarm system is maintained; or who has either an ownership interest in the premises or a leasehold interest in the premises, or who occupies the premises, or who has some dominion and control over the premises where the alarm system is installed and operating. However, if an alarm system on a motor vehicle is connected with an alarm system at a premises, the person using such system is an alarm user.
(Ord. 13-85. Passed 7-16-85.)
(g) “Annunciation panel” means a device that consists of a number of visible signals such as “flags” or lamps indicating the status information about a circuit, condition or location.
(h) “Burglar alarm” means an alarm that notifies an alarm monitoring company that an intrusion or holdup is in progress at the premises.
(i) “Central monitoring” means a remote monitoring service provided by an alarm monitoring company that receives electronically or over regular telephone lines, by direct connection or otherwise, a prerecorded message or coded signal indicating the existence of a burglar alarm or a fire alarm. The term does not include an alarm user who receives signals or messages about their own security alarm system.
(j) “Connection fee” means the fee paid for the privilege of making a connection directly to an alarm monitoring company which mechanically, electronically or by other means initiates the automatic calling or dialing of a connection directly to the Dispatch Center for the purpose of delivering a message.
(k) “Dispatch Center” means the CCCDA maintained by its governing Board of Directors to receive requests for and dispatches police or fire service. (Ord. 13-85. Passed 7-16-85.)
(l) “False alarm” means the activation of an alarm system:
(1) Through improper installation or negligence of the alarm user or of employees, agents, guests, residents, or invitees;
(2) Through the intentional activation of the alarm system without reasonable and legitimate need or cause by the alarm user or by employees, agents, guests, residents, or invitees;
(3) Through faulty equipment, malfunction, or lack of prudent maintenance;
(4) Triggered by an animal; or
(5) Triggered by testing without prior written notice to the City.
“False alarm” does not include an alarm caused by meteorological or geological conditions, activation of the system by disruption or disturbance of telephone or other communication systems, motor vehicle utility pole accidents, mechanical or electrical failure of the system, industrial or commercial accidents to the system, or war.
(Ord. 14-87. Passed 10-13-87.)
(m) “Fire alarm” means an alarm that notifies an alarm monitoring company that a possible fire is in progress.
(n) “Fire Department” means the City of Battle Creek Fire Department.
(o) “Police Department” means the City Police Department.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
(a) No person shall engage in the business of an alarm system contractor or alarm system agent, or become an agency furnishing those services, notwithstanding the name or title used in describing the agency and notwithstanding that other functions and services may also be performed for fee, hire or reward, nor shall any person advertise such business, without having first obtained a license to do so as provided in Public Act 330 of 1968, as amended, being MCL 338.1051 et seq., for each bureau, agency, sub-agency, office and branch office owned, conducted, managed or maintained for the conduct of that business, or, in the case of required fire alarm systems and required fire suppression systems, without first having secured certification pursuant to Public Act 407 of 2016, as amended, being MCL 339.5101 et seq., and rules promulgated by the State Fire Safety Board.
(b) No person shall sell, operate, adjust, arrange for or contract to provide a device which, upon activation, either mechanically, electronically or by other means, initiates the automatic calling or dialing of, or makes a connection directly to, an alarm monitoring company for the purpose of delivering a recorded message, without first registering with and receiving the written authorization of the Police Department or the Fire Department. In addition to other information deemed necessary by the Police Department, the Fire Department or the City Attorney's Office to implement this chapter, each applicant shall furnish their name, their agent’s name and their agent’s residence and business address, telephone number(s), and email address on forms furnished by the Police Department or the Fire Department. No person shall provide inaccurate information on the registration form, fail to provide the information required by this chapter, fail to notify the Police Department or the Fire Department of any change in registration information within forty-eight hours of the change or fail to pay a connection fee as provided in Section 802.24
. Such connection fee shall be payable within thirty days after the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) by any person presently maintaining such a connection. A fire alarm shall not be connected to an alarm monitoring company until the connection fee is paid.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
(c) In addition to the fees required under this chapter, an alarm user or alarm system contractor shall be responsible for securing any additional permits as may be required by City ordinances. (Ord. 14-87. Passed 10-13-87.)
(a) No alarm system shall be installed or operated in the City unless the system is installed by an alarm system contractor licensed under Public Act 330 of 1968, as amended, being MCL 338.1051 et seq., Public Act 580 of 2012, being MCL 338.2121 et seq., or, in the case of a required fire alarm system, unless certified pursuant to Public Act 144 of 1982, as amended, Public Act 407 of 2016, as amended, being MCL 339.5101 et seq., and the rules promulgated by the State Fire Safety Board. However, an owner or occupant of a residence, for their own use, may install and operate an alarm system. Nothing in this subsection shall be construed to relieve any person from the registration requirements of Section 803.02 or the permit requirements of Section 803.05.
(b) A fire alarm system required to be installed in a commercial or public building shall utilize equipment and methods of installation equivalent to or exceeding minimum Underwriters' Laboratories, American National Standards Institute, National Fire Protection Association or other nationally recognized testing laboratory requirements for the appropriate installation.
(c) An alarm system installed in a residence shall utilize equipment equivalent to or exceeding minimum applicable Underwriters' Laboratories or American National Standards Institute requirements for a household burglar or fire alarm system.
(Ord. 13-85. Passed 7-16-85.)
(d) Any alarm system designed to emit an audible siren, noise, flashing light, beacon or other sound or light annunciation so as to signal persons outside the premises shall be equipped to automatically terminate the local annunciation of the alarm system within five minutes (fifteen minutes in Agricultural and Heavy Industrial Districts) from the initial light or sound emission.
(Ord. 14-87. Passed 10-13-87.)
(e) An alarm system contractor, before the installation or modification of any alarm system that provides warning of a fire emergency, shall submit detailed plans and specifications to the Fire Chief or the Fire Chief’s designated representative. Further, in the case of multiple occupancy residences, an annunciation panel shall be installed in an area readily accessible to Fire Department personnel to indicate the section of the building where the alarm system was activated.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
(a) Before the operation of an alarm system, or within thirty days after the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) for alarm systems in operation on such date, every alarm user in the City shall obtain an alarm user permit annually for each alarm system operated within the City from the Police Department or the Fire Department. This section does not require an alarm system agent or an alarm system contractor to obtain a permit when it leases or provides services to alarm users. However, if an alarm system agent or alarm system contractor uses an alarm system to protect its own premises, it shall obtain a permit. Alarm users shall also comply with the following:
(1) Alarm user permits are not transferrable. A new tenant, property owner, or any other new user must apply for a new permit.
(2) If an alarm user operates both a burglar alarm and a fire alarm from the same electrical panel, only one permit fee is required for the entire system.
(3) Any person or business that uses an alarm system without having a valid user permit shall be responsible for a civil infraction and subject to civil fines and penalties of up to five hundred dollars ($500.00) per alarm use. If the Police Department or Fire Department responds to a call for assistance from a user’s alarm system for which no permit has been obtained, the responding department shall instruct the user to obtain the necessary permit for the alarm system at the premises. The user shall be provided written notice to apply for the necessary alarm permit within fourteen days. If an alarm user permit application is not received within fourteen days, then no later than twenty-one days after the first written notice, the user shall be provided a second written notice to apply for the necessary alarm permit within fourteen days. The Police Department shall send written notices for burglar alarm systems. The Fire Department shall send written notices for fire alarm systems. If an alarm user operates both a burglar alarm and a fire alarm from the same electrical panel, then the notices may be sent by either the Police Department or the Fire Department, but not both. If an alarm user has not obtained a permit to use the alarm system after having been sent two written notices informing the user to obtain a permit and notifying the user that the Police Department or Fire Department will not respond to calls from non-permitted alarm systems, then the Police Department or Fire Department may refuse to respond to any further alarm calls from the user’s premises until an alarm user permit is obtained and any applicable connection fee is paid.
(Ord 14-87. Passed 10-13-87.)
(b) Burglar alarms shall be registered with the Police Department. An alarm user applying for a permit shall pay a registration and inspection fee as provided in Section 802.24
and complete a permit application form annually containing the following information:
(1) Alarm user’s name, and, if applicable, the name of any other person responsible for the alarm system;
(2) The address of the residence or business in or upon which the alarm system has been or will be installed;
(3) Alarm user’s home, business, and cellular telephone numbers, and email address;
(4) The name of the alarm system agent or alarm system contractor selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system;
(5) The location of the annunciation panel; and
(6) The names and telephone numbers of at least three persons who can be reached at any time, who are authorized to promptly respond to an alarm system, who can open the premises in which the system is installed and who live fifteen miles or less from the premises. The inability of the Police Department to contact an individual named in this paragraph, or the failure of such individual to promptly respond to a police inquiry, shall relieve the Police Department of any obligation to follow up with checking the premises.
(c) Fire alarms shall be registered with the Fire Department. An alarm user applying for a permit under this subsection shall pay a registration and inspection fee as provided in Section 802.24
, and shall complete a permit application annually with the following information:
(1) Alarm user’s name, and, if applicable, the name of any other person responsible for the alarm system;
(2) The address of the residence or business in or upon which the alarm system has been or will be installed;
(3) Alarm user’s home, business, and cellular telephone number(s), and email address;
(4) The name of the alarm system agent or alarm system contractor selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system;
(5) The location of the annunciation panel; and
(6) The names and telephone numbers of at least three persons who can be reached at any time who are authorized to promptly respond to an alarm system, who can open the premises in which the system is installed and who live fifteen miles or less from the premises. The inability of the Fire Department to contact an individual named in this paragraph, or the failure of such individual to promptly respond to a fire inquiry, shall relieve the Fire Department of any obligation for the safekeeping of property and premises.
(d) Any change in the information required by subsection (b) or (c) hereof shall be reported in writing to the Police Department or the Fire Department, whichever is appropriate, within forty-eight hours of the change.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
(a) The following applies to false alarm fees and when an alarm user must pay a false alarm fee to the City:
(1) No fee shall be charged for a first or second false alarm in a calendar year. Fifty dollars ($50.00) shall be charged by the City and paid by the alarm user for the third false alarm in a calendar year and the same for each additional false alarm in a calendar year.
(2) Each calendar year shall run from 12:00 a.m. January 1 until 11:59 p.m. of the following December 31. The failure to pay such false alarm fees shall be cause for revocation of the alarm user permit and unpaid fees may be assessed against the real property tax for the premises and become a lien thereon.
(Ord. 12-93. Passed 7-27-93; Ord. 11-2015. Passed 1-5-16.)
(b) Alarm conditions caused by the following extenuating circumstances shall not constitute a false alarm and no false alarm fee shall be charged by the City under such circumstances:
(1) Alarm system malfunctions, if occurring within thirty days from the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) for all alarm systems currently in use, or within thirty days after the installation of an alarm system, whichever is later, if made for the purpose of evaluating the alarm system and making necessary adjustments to eliminate false alarms, and if corrective measures have been instituted. “Corrective measures” means the alarm user has had the system inspected by an alarm system contractor who shall cause a written report containing the results of the inspection, the probable cause for the false alarm, the nature of any repairs undertaken or performed to remedy the malfunction, and the contractor's recommendation for limiting false alarms, which written report shall be filed with the Police Department or the Fire Department, whichever is appropriate, within five days of the inspection.
(2) Meteorological or geological conditions when a large number of alarms or a large area of the City is affected, as determined by the City of Battle Creek;
(3) Alarms activated by the disruption or disturbance of telephone or other communication systems, by motor vehicle-utility pole accidents, or by mechanical or electrical failure of the system or by industrial or commercial accidents to the system; or
(4) Alarm conditions being activated by persons working on the alarm system with prior written notification to the Police Department, or, in the case of fire alarm systems, to the Fire Department:
(c) A system that malfunctions due to mechanical or electrical failure will be put out of service until it is inspected and repaired by a licensed alarm system contractor and until the system has been declared fit for service, in writing, by the contractor. Appearance before the Alarm Safety Board pursuant to this subsection is not required.
(d) Except for the circumstances set forth in above paragraph (b)(4), which circumstances require prior written notification, the alarm user shall provide notice of the extenuating circumstances set forth in paragraphs (b)(1) or (b)(3) to the Police Department, or in the case of fire alarm systems, the Fire Department, by filling out an alarm notification card and returning it to the Police Department or the Fire Department, whichever is appropriate, within five business days of the extenuating circumstances event. The timely submission of an alarm notification card which indicates that the cause of the false alarm was one of the reasons enumerated in this subsection shall result in no false alarm fee notice being charged to the alarm user. Failure to notify the Police Department or the Fire Department in the time set out in this section will result in an automatic charge to the user. (Ord. 14-87. Passed 10-13-87.)
(e) Within five business days following the response of a police officer to an alarm call, a representative of the Police Chief, or within five business days following the response of fire fighters to an alarm call, a representative of the Fire Chief, shall mail a false alarm notification card to the alarm user as named on the permit in Section 803.05. If the alarm user has provided written authorization for email notification, alarm notification cards shall be emailed to the alarm user.
(f) Within ten business days of the date of mailing, or emailing if previously authorized by the alarm user as an acceptable method of contact, of the false alarm notification card, the alarm user shall return the completed card to the Police Department or the Fire Department, whichever is appropriate. With the third, or each additional false alarm in a calendar year failure by the alarm user to return the completed card shall cause an automatic charge of the false alarm fee being sent to the alarm user.
(g) If, upon receiving a false alarm fee charge notice, the alarm user wishes to request a waiver due to extenuating circumstances, the person may do so, in writing, within ten business days of the assessment date. The waiver request to the Police Department or the Fire Department, whichever is appropriate, shall contain documentation of the extenuating circumstances involved. Within thirty calendar days of the receipt of the waiver request by the Police Department or the Fire Department, the Police Chief, the Fire Chief or a designated representative shall make a determination on the waiver request and shall notify the alarm user of the decision. (Ord. 13-85. Passed 7-16-85.)
(h) If the alarm user is not satisfied with the decision rendered by the Police Chief or the Fire Chief, or a designated representative, an additional request for a waiver may be filed within five business days of such decision by appealing to the Alarm Safety Board. At its next regularly scheduled meeting after receipt of the waiver request and documentation of extenuating circumstances, the Board shall review the request, make a determination on the waiver and notify the alarm user of the decision.
(i) There is hereby established an Alarm Safety Board. The Board shall consist of five members. The Board shall include the Fire Chief, or the Fire Chief’s designated representative, the Police Chief, or the Police Chief’s designated representative, one Battle Creek City Commissioner, and two residents of the City of Battle Creek who shall serve as members at large. The members at large and their initial terms of office shall be recommended by the Police Chief and Fire Chief, and confirmed by the City Commission. The City Commission member shall be made by the Mayor, and confirmed by the City Commission. The terms shall be three years (initial terms may be shorter) and the members shall receive no compensation. A quorum shall consist of three members of the Board. A member shall not pass on any question in which they have an actual conflict of interest. The Board members shall make decisions based upon the stated intent of this ordinance and its various provisions.
(j) An alarm system charged with more than six false alarm fee notices in a calendar year is deemed defective and, upon written notice to the alarm user by the Police or Fire Department, at the address listed in the registration of the alarm system, the alarm user may be requested to appear before the Board to show cause why the alarm user permit should not be revoked. The alarm user shall have up to ten minutes to make an oral presentation and the Police Chief, the Fire Chief, or a designated representative thereof shall have up to ten minutes in rebuttal. At such hearing the Board may order the owner or lessee of the alarm system to correct the system or may order the revocation of the alarm user permit. The decision of the Board shall be final.
(Ord. 14-87. Passed 10-13-87.)
(k) Notwithstanding any other provision contained in this chapter, alarm systems which malfunction, three times for fire alarms or six times for burglar alarms within a calendar year, are deemed defective and may be put out of service resulting in no response by the Police Department or Fire Department, whichever is appropriate, upon written notice to the alarm user, at the address listed in the registration of the alarm system. Before an alarm system is put back in service, the alarm user shall file a written report to the Police Chief or the Fire Chief, whichever is appropriate depending on which type of alarm system was deemed defective, documenting the causes of malfunction and the corrective actions taken. Upon receipt of the report, the Police Chief or Fire Chief, whichever is appropriate, shall, within ten business days, notify the alarm user whether the alarm system may be put back in service, or give written notice that the alarm user may appear before the Board to show cause why the alarm user permit should not be revoked pursuant to the procedures set forth in subsection (h) hereof.
(l) Alarm verification calls required. All residential or commercial burglar alarms that have central monitoring, must have a central monitoring verification call made to the premises generating the alarm signal, prior to central monitoring personnel contacting the Dispatch Center. This does not apply to panic or holdup type alarms. Alarm monitoring companies will make available to the Police Department or Fire Department, upon request, records providing proof that the monitoring company made the verification call.
(m) Right to discontinue response:
(1) The Police Chief, or the Police Chief’s designated representative, may discontinue alarm response by the Police Department to any location that is responsible for six false burglar alarms within a calendar year, or to a business location that uses an alarm system installed or operated by a business that is not licensed with the State of Michigan, or to a premises where the alarm user has failed to obtain a permit after being notified to do so.
(2) The Fire Chief, or the Fire Chief’s designated representative, may discontinue alarm response by the Fire Department to any location that is responsible for three false fire alarms within a calendar year, or to a business location that uses an alarm system installed or operated by a business that is not licensed with the State of Michigan, or to a premises where the alarm user has failed to obtain a permit after being notified to do so.
(3) Written notification that the Police Department or Fire Department will no longer respond to alarm calls from a particular location will be sent to the alarm user and, if there is one, the alarm monitoring company contact person of record.
(n) Request for Reinstatement of Alarm Responses. A request for reinstatement of alarm responses shall require submission of proof that the user or alarm system contractor responsible for the alarm has corrected the reason for the false alarms to the satisfaction of the Police Department or Fire Department depending upon which type of alarm response was suspended, the payment of all fees and penalties charged as a result of false alarms, and proof that the alarm user has obtained a valid alarm permit. Such request shall be submitted to the Fire Department or the Police Department, depending upon which type of alarm response was suspended.
(o) Failure to comply with any provision or order in this section shall result, after due notice, in the revocation of the registration or permit provided for in this chapter.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
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