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(b) The chief shall appoint a hearing panel to hear the appeal. A hearing panel shall be composed of:
(1) one representative from the fire marshal's division of the fire department;
(2) one representative from the emergency operations division of the fire department; and
(3) one person currently licensed by the State of Texas to install or design alarm systems.
(c) The hearing panel shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal under this section, and the hearing panel shall make its ruling on the basis of a preponderance of the evidence presented at the hearing.
(d) The hearing panel may affirm or reverse the assessment of a service fee, but may not modify the amount of the service fee assessed. The decision of the hearing panel is final as to available administrative remedies. (Ord. 19854)
(a) Whenever a false fire alarm notification is initiated at an alarm site, the person in control shall register the alarm system with the chief, unless the alarm system is currently registered with the chief. Registration must be made within 10 calendar days after receipt of notice from the chief of the false fire alarm notification.
(b) Each registration must be accompanied by a $10 registration fee and be made upon a form provided by the chief. The registration application must include the following information:
(1) name, address, and telephone number of the person who will be the registrant, and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this division;
(2) classification of the alarm site as either residential or commercial;
(3) number of alarm actuating devices in the alarm system; and
(4) other information required by the chief which is necessary for the enforcement of this division.
(c) A person commits an offense if he makes any false statement of a material matter in his application for alarm registration.
(d) Upon receipt of a completed application form, the chief shall issue proof of alarm registration to an applicant. An alarm registration expires on December 31 of the calendar year following the calendar year in which registration was issued. An expired alarm registration is not required to be renewed unless a false alarm notification is initiated from the alarm system after the registration expires.
(e) An alarm registration cannot be transferred to another person. A registrant shall inform the chief of any changes in the information listed on the registration application within 10 business days. No fee will be assessed for such changes. (Ord. 19854)
(a) The person in control of an alarm system shall pay a service fee to the city for each false fire alarm notification in excess of one that is initiated at the alarm site during any calendar month. The service fee is $50 for a residential alarm site and $100 for a commercial alarm site.
(b) If a person submits satisfactory proof of the installation date to the chief, no service fee will be assessed during the first 30 days after the installation of a new alarm system, and false fire alarm notifications during that period will not be counted in determining when a service fee will be assessed. Registration is still required for false fire alarm notifications occurring during the first 30 days after installation. (Ord. 19854)
(a) The fire chief may waive a service fee if, within 14 days after the date of the false fire alarm notification, maintenance is performed on the alarm system by, or with the direct supervision and approval of, a person currently licensed by the State of Texas to install or design fire alarm systems.
(b) Before a fee may be waived, proof of maintenance must be submitted to the fire chief in the form of an affidavit and must include the following:
(1) A statement that system-wide maintenance was performed on the alarm system.
(2) A statement that the alarm system was checked and is operating properly.
(3) The verified signature of the licensed fire alarm system installer or designer performing, or supervising and approving, the maintenance.
(4) The current state license number of the fire alarm system installer or designer.
(c) The number of times a service fee may be waived in any calendar year for an alarm system may not exceed the following for each classification of alarm system:
Classification
|
Maximum Waivers
|
Group A | 3 |
Group B | 6 |
Group C | 12 |
Group D | 24 |
(Ord. 19854)
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