(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FALSE FIRE ALARM. The activation of any fire alarm system that results in a response by the Fire Department caused by the negligence or intentional misuse of the fire alarm system by the owner, its employees, agents, or any other activation of a fire alarm system not caused by heat, smoke, or fire, and that is not a nuisance fire alarm, is considered to be a FALSE FIRE ALARM.
NUISANCE FIRE ALARM. The activation of any fire alarm system caused by mechanical failure, malfunction, improper installation, lack of proper maintenance or for any reason for which Fire Department personnel are unable to determine the apparent cause of the alarm is considered a NUISANCE FIRE ALARM.
OWNER. The person, corporation or other entity having ownership of or the right and responsibility to control the fire alarm system. In the event the owner of the system is unclear or can not be located, the owner of the structure in which the system is installed shall be responsible.
(B) Procedures.
(1) Nuisance fire alarm. In the event that Fire Department personnel determine that the alarm reference is a nuisance alarm, then they shall deliver to the building owner and occupant a notice that the system is to be inspected and/or repaired by a licensed fire alarm contractor or electrician within 15 days. Once the owner certifies to the Department that the repair has been made in a timely fashion, they are deemed to have complied and any further response to the property will be addressed as if it where a first response. If the repair is not undertaken, all subsequent responses to that location shall considered false alarms until such time as the repair is made and a certification of the repair is presented to and approved by Fire Department personnel.
(2) False fire alarm. In the event of a second activation of a fire alarm system deemed to be a false alarm, the owner shall be served with a letter for excessive false fire alarms attached with a fire alarm activation report by the Department, indicating that it has responded to the business two times and both deemed to be a false call, and if it responds to a deemed false alarm for a third time within one calendar year, the Fire Department shall direct that the alarm user submit a report of service/repair within 15 calendar days of receiving the letter, and provide a completed certificate of inspection of testing and maintenance. A fine for the third false alarm shall be paid by the owner within 15 days of the posted date served.
(3) Schedule of penalties. The fine schedule as follows:
(a) Third false alarm: $300;
(b) Fourth false alarm: $400;
(c) Fifth false alarm: $500;
(d) After the fifth false alarm $600 thereafter in the same calendar year;
(e) If firefighters respond to a fire alarm and they find that the alarm company is working on the system without prior notification to the Fire Department, as required by the State Fire Marshal's Office, the alarm company working on the system will be fined $500;
(f) For false alarms resulting from intentionally pulling a fire alarm without an emergency, the person who pulled the fire alarm and/or the parents responsible for a juvenile who pulled the fire alarm will be fined $1,500. A child must be at least 12 years old to be considered a juvenile.
(g) Tampering with a life safety system will result in a fine of $2,500 and the filing of a report for possible criminal charges.
(C) Examples of alarms that do not qualify as a penalty of this section:
(1) An activation of the alarm caused by a fire or smoke;
(2) A qualified person testing the alarm system who has notified the Fire Department prior to the test;
(3) An alarm caused by someone who is not an employee smoking near a detector, unless the building has posted signs stating that no smoking is permitted on the grounds of the building.
(D) Guidelines.
(1) A fire alarm contractor, alarm user, or any individual shall not conduct testing or perform repair work on any fire alarm system, sprinkler system or fire suppression system without first notifying the Fire Department dispatch center that such testing or repair work is being performed. Violation of this provision shall result in the imposition of a fine.
(2) During the 15-day period after the receipt of a letter for excessive false fire alarms, the owner shall have 15 days to correct the problem, which will not be counted toward the year’s total false fire alarms, provided the problem is corrected.
(3) Newly installed fire alarms.
(a) The provisions of this section shall not apply to any newly installed fire alarm system for a period of 45 days from the date of installation.
(b) In an existing building, the 45 days begin when the installation of the new system is completed. In new construction, the 45 days begin when the installation of the system is completed and an occupancy permit is issued.
(c) Should any service fine assessed pursuant to this section remain unpaid in excess of 30 days, a late fee shall be assessed and shall be payable in addition to the original fine. The late fee shall be $25.
(E) All fines collected from all penalties will be deposited into Account 339-91 labeled as Education and Instruction.
(Ord. 10-2010, passed 8-3-2010; Am. Ord. 11-2022, passed 6-21-2022)