A. False fire alarms and nuisance fire alarms are unlawful.
B. The owner of a premises shall be responsible for all activations of a fire alarm system thereon. When there is more than one owner of a premises, the owners shall be jointly and severally responsible for all activations of a fire alarm system.
C. First and Second Offense: Upon the first and second false fire alarm or nuisance fire alarm activations in any three hundred and sixty-five (365)-day period, the enforcement official shall serve notice to the owner of the premises where the fire alarm system has been activated:
1. Directing the owner to fix the cause of the false fire alarm or nuisance fire alarm; and
2. Warning the owner that subsequent alarms may result in a citation.
D. Subsequent Offenses: After the first and second warning for false fire alarm or nuisance fire alarm activations in a three hundred and sixty-five (365)-day period, additional false fire alarm or nuisance fire alarm activations within the three hundred and sixty-five (365)-day period shall result a civil citation with:
1. A one hundred and twenty-five dollars ($125.00) penalty for the first citation;
2. A two hundred and fifty dollars ($250.00) penalty for the second citation, and
3. A five hundred dollars ($500.00) penalty for any subsequent citations.
E. Disconnection of Fire Alarm System: If an owner receives more than two (2) civil citations for false fire alarm or nuisance fire alarm activations, a written order may be served upon the owner specifying the date on which the owner shall be required to disconnect or deactivate the fire alarm system. The date shall be no sooner than fifteen (15) days after the notice is mailed or delivered to the owner. If an owner receives an order to disconnect or deactivate a fire alarm system:
1. Each building affected by the disconnection or deactivation order shall be required to meet the requirements of the enforcement official and the International Fire Code until the fire alarm system has been returned to service.
2. The enforcement official shall have the authority to temporarily suspend the occupancy certificate of the premises until all outstanding repairs are made on the fire alarm system.
3. The owner shall have the burden of showing that corrective action has been taken which has fixed the cause of the false fire alarm or nuisance fire alarm activations before the fire alarm system can be reactivated.
F. Effect of Order to Disconnect or Deactivate: Upon an order to disconnect or deactivate, the fire department shall cease response to further notifications of the fire alarm system.
G. Appeal of Fees: An owner may appeal the assessment of fees pursuant to Title 1, Chapter 4B, Section 10, Appeals.
H. Appeal of Order to Disconnect or Deactivate: An owner may appeal an order to disconnect or deactivate a fire alarm system to the enforcement official within fifteen (15) days of the date of the order to disconnect or deactivate.
1. An appeal of an order to disconnect or deactivate a fire alarm system shall set forth in writing:
a. The date of the request;
b. The address of the premises with the deactivated or disconnected fire alarm system;
c. The owner's daytime phone number; and
d. A statement in support of the appeal.
2. An appeal of an order to disconnect or deactivate a fire alarm system shall suspend the effective date of the order until the appeal has been acted upon by the enforcement official.
3. The enforcement official shall review the facts and circumstances and determine whether the owner has shown good cause why the order should be withdrawn.
4. If the enforcement official affirms the order to disconnect or deactivate a fire alarm system, the owner shall have fifteen (15) days after the written decision is mailed or delivered to the owner to comply with the order.
I. Government Immunity: Inspection of fire alarm systems or any other action provided for in this section is not intended to, nor will it, create a contract, duty, or obligation, either expressed or implied, of response. All liability and consequential damage resulting from the failure to respond to a fire alarm or take any other action as provided for herein is hereby disclaimed preserving governmental immunity as provided by law.
(Ord. 2023-63, 11-14-2023)