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As used in this chapter, the following words and terms shall have the following meanings:
ENFORCEMENT OFFICIAL: The Fire Chief or the Fire Chief's Designated Representative.
EXPENSES: The actual labor costs of government and volunteer personnel including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor, equipment or materials, and the similar cost incurred by the City or any assisting agency.
FALSE FIRE ALARM: The activation of any monitored fire alarm system which results in a response by the fire department and which is caused by the negligence or intentional misuse of the system or any other activation of a system not caused by heat, smoke, fire, or water flow.
FIRE ALARM SYSTEM: A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of a fire alarm, suppression system, activation, or signal initiating devices that initiate a response.
NEGLIGENTLY CAUSED FIRE EMERGENCY: A fire caused by the negligence of any person which presents a direct and immediate threat to property or public safety and requires immediate action to mitigate the threat.
NUISANCE FIRE ALARM: The activation of any monitored fire alarm system, which results in a response by the fire department, caused by mechanical failure, lack of proper maintenance, malfunction, improper installation, or any other response for which emergency officials cannot determine the cause of the alarm.
OWNER: Any person who owns the premises in which a fire alarm system is installed. If premises are leased to a third party, owner means both the owner of the property and the tenant.
PREMISES: Any building, structure, or combination of building and structures where a fire alarm system is installed that is not a single-family or two-family residential building.
RESPONSE: The dispatch of any officer or member of the fire department to a premises where a fire alarm system has been activated.
(Ord. 2023-63, 11-14-2023)
A. The City is hereby empowered to recover expenses from any person whose negligent act caused the City to incur expenses directly associated with responding to a negligently caused fire emergency. These expenses may be collected in accordance with the following procedures:
1. The City shall determine responsibility for the emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the City's determination of responsibility and the expenses to be recovered.
2. The notice shall specify that the determined responsible party may appeal the City's decision to the Mayor, who may designate a hearing officer to hear the appeal. Any appeal shall be filed, in writing, with the City Recorder's office not more than thirty (30) days from the date of service of notice. The date of service of notice shall be the date of personal delivery or three (3) days after the date of mailing, as applicable.
3. In the event the determined responsible party appeals the determination, the hearing officer shall hold a hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions.
4. The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a final decision assessing responsibility and expenses.
B. The payment of expenses determined owing under this section does not constitute an admission of liability or negligence in any legal action for damages.
C. In the event any person determined to be responsible for the repayment of negligently caused fire emergency expenses fails to make payment to the City within thirty (30) days after a final determination of any appeal to the Mayor, or thirty (30) days from the deadline for appeal in the event no appeal is filed, the City may initiate legal action to recover from the determined responsible party the expenses determined to be owing, including the City's reasonable attorney fees and costs of such recovery.
(Ord. 2023-63, 11-14-2023)
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)