(a) The owner of premises equipped with one or more Fire Alarm Systems shall assure that each system is installed, inspected, tested and maintained in accordance with the manufacturer’s recommendations and all applicable requirements of the Ohio Fire Code.
(b) For purposes of this section, response to a fire alarm shall be deemed to have occurred when an officer or firefighter employed by the Municipality is dispatched to premises because of the activation of a Fire Alarm System located on those premises. If the fire alarm is initiated by a Monitored Fire Alarm System, the Fire Alarm Business monitoring the system shall comply with all applicable provisions of the Ohio Fire Code then in effect requiring or permitting the Fire Alarm Business to offer the owner or occupant of the premises an option to verify the fire alarm signal before public safety forces are dispatched in response to the alarm and shall promptly notify the Fire Division of any cancellation of the Fire Alarm Signal.
(c) Within 24 hours following a response, the Municipal Fire Safety Inspector shall serve the owner or owner’s designated representative with a Fire Alarm Activation Report conforming to requirements of the Ohio Fire Code and characterizing the alarm activation as a genuine alarm caused by fire, False Fire Alarm or Nuisance Fire Alarm.
(d) Within 15 days following service of a Fire Alarm Activation Report characterizing the activation of a Fire Alarm System as a Nuisance Fire Alarm, the owner shall file a completed Report of Service/Repair with the Municipal Fire Safety Inspector verifying that the Fire Alarm System has been inspected by a Qualified Fire Alarm Technician and that a bona fide attempt has been made to identify and correct any defect in the design, installation or maintenance of the Fire Alarm System determined by the Qualified Fire Alarm Technician to be a probable cause of the activation of the Fire Alarm System in the absence of fire. Upon application of the property owner made prior to the expiration of the 15 day period and good cause shown, the Municipal Fire Safety Inspector may grant an extension of time of up to 14 days within which to complete the filing required by this paragraph. Failure to timely file the Report of Service/Repair required by this section shall be punishable as a minor misdemeanor. Each day on which the filing remains delinquent shall constitute a separate offense.
(e) A Fire Alarm Business shall be assessed a Service Fee of $50.00 for each occasion on which a response is made to a Nuisance Fire Alarm caused by on-premises activities of an employee or agent of the Fire Alarm Business. No fee shall be assessed for alarms inadvertently activated by Fire Alarm Business personnel if the alarm is canceled by direct communication with the Fire Division prior to response. No Service Fee shall be assessed against the owner of premises for any false alarm for which a Service Fee is assessed against a Fire Alarm Business pursuant to this section and the occurrence of such alarm shall not be counted for purposes of computing Service Fees that may become due from the owner under subsection (f) hereof.
(f) The owner of premises equipped with a Fire Alarm System shall pay the Service Fee established by this section in partial or full reimbursement of the average cost incurred by the municipal government to respond to Nuisance Fire Alarms. Service Fees imposed pursuant to this section are not a civil penalty or criminal fine and payment of the Service Fee established by this section shall not relieve the property owner of liability for any civil penalty that may be imposed pursuant to Ordinance, Statutory Law or Administrative Regulation or preclude the prosecution of any person for any crime:
Event | Public Subsidy | Service Fee |
First Nuisance Alarm | 100% | $000.00 |
Second Nuisance Alarm | 75% | $100.00 |
Third Nuisance Alarm | 50% | $200.00 |
Fourth Nuisance Alarm | 25% | $300.00 |
Fifth and Subsequent Nuisance Alarms | 0% | $400.00 |
(g) For purposes of this section, a Nuisance Fire Alarm occurring more than 12 months following the most recent previous occurrence of a Nuisance Fire Alarm shall be deemed a First Nuisance Alarm and no Nuisance Fire Alarm occurring prior to that date shall be counted in assessing Service Fees to be paid pursuant to this section.
(h) No Service Fee shall be imposed pursuant to this section for any Nuisance Fire Alarm occurring during the first forty-five (45) days following the initial activation of a Fire Alarm System.
(i) No Service Fee shall be imposed pursuant to this section for any Nuisance Fire Alarm occurring within 14 days following the occurrence of a First Nuisance Alarm.
(j) Nuisance Fire Alarms for which no Service Fee is to be charged under subdivision (h) or (i) of this section shall not be counted in assessing the Service Fee due under this section for subsequent Nuisance Fire Alarms.
(k) Notice of the assessment of a Service Fee under this section shall be served on the Fire Alarm Business or owner of the premises by Certified United States Mail, return receipt requested. Service of the Notice shall be deemed complete on the date of delivery as evidenced by the postal receipt. In the event the Notice is returned by the postal service as unclaimed or refused, Notice shall be sent by first class mail and service shall be deemed complete on the third day following the date of mailing.
(l) Any person assessed a Service Fee pursuant to this section may petition the Municipal Fire Safety Inspector to reconsider the Petitioner’s liability for payment of the Service Fee and/or the propriety of the amount assessed. A petition for reconsideration shall be filed in writing within 14 days of service of the assessment and state with specificity the grounds for objection to the assessment. The Municipal Fire Safety Inspector shall make appropriate inquiries to evaluate the merits of the grounds for objection stated in the petition and may rescind the assessment if he or she finds that the Nuisance Alarm was caused by the malfunction of a Fire Alarm System component that was not responsible for the occurrence of a previous Nuisance Alarm or that the person assessed is not the owner of the premises. The Municipal Fire Safety Inspector may modify the amount of the assessment if he or she determines that it has been incorrectly computed under the standards of subsection (f) hereof.
(m) The Municipal Fire Safety Inspector shall issue a determination of the requested reconsideration in writing. The determination shall be mailed to the petitioner by first class United States Mail and service shall be deemed complete on the third day following the date of mailing.
(n) Any person dissatisfied with a reconsideration determination of the Municipal Fire Safety Inspector may appeal the decision to the Board of Control. Notice of Appeal shall be filed within 14 days following service of the Municipal Fire Safety Inspector’s reconsideration determination and shall state the grounds for objection to the assessment with specificity. No matter shall be raised on Appeal that was not presented to the Municipal Fire Safety Inspector by a timely filed Petition for Reconsideration. If requested by the Appellant, the Board of Control shall grant the Appellant an opportunity to appear before a quorum of the Board in person or by legal counsel. Obedience to rules governing the admissibility of evidence in judicial proceedings shall not be required. The Board of Control may excuse payment of a Service Fee upon a finding that the Nuisance Fire Alarm for which the Service Fee has been imposed was caused by the malfunction of a Fire Alarm System component that was not responsible for the occurrence of a previous Nuisance Alarm and that the Fire Alarm System was properly inspected, tested and maintained in accordance with the manufacturer’s recommendations and Ohio Fire Code requirements prior to the occurrence of the Nuisance Fire Alarm or that the person assessed is not the owner of the premises. The Board of Control may modify the amount of the assessment upon a finding that it has been incorrectly computed under the standards of subsection (f) hereof. The required finding shall be established by a preponderance of the evidence to the satisfaction of a majority of the Board of Control Members participating in the Appeal. The determination of the Board of Control shall be issued in writing and mailed to the Appellant by first class U.S. mail. Service shall be deemed complete on the third day following the date of mailing. The determination shall constitute a final administrative order for purposes of judicial appeal.
(o) Service Fees assessed pursuant to this section shall be paid to the City Finance Director and credited to the General Fund within 30 days following final determination of liability and the amount due. Failure to timely pay the amount due shall be punishable as a minor misdemeanor. In a prosecution brought pursuant to this subdivision of this section, evidence and argument offered to demonstrate that the Defendant is not properly subject to the unpaid assessment or that the amount assessed has been improperly computed shall be deemed irrelevant to the criminal liability of a Defendant who has failed to exhaust administrative remedies, including the right to Judicial Appeal, prior to commencement of the proseuction.
(p) Nothing in this section shall be construed to restrict, enlarge or otherwise modify any authority that is or may hereafter be vested in the Ohio Fire Marshal, a Deputy Fire Marshal or a Certified Fire Safety Inspector to order the deactivation of a malfunctioning Fire Alarm System or to require the posting of a Fire Watch during periods in which a Fire Alarm System is deactivated or deemed to be unreliable by the Ohio Fire Code or other general law.
(Ord. 7203. Passed 10-26-10.)