(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FALSE FIRE ALARM. An alarm signal which indicates the existence of an emergency situation, when in fact no such emergency exists, and shall include any alarm signal generated by any fire protection system by whatever means, but shall not include alarms resulting from any of the following causes:
(a) Actual fire or smoke verified by a Pittsfield Fire Department Officer;
(b) Earthquake, tornado, flooding, lightning, causing or threatened damage to the premises;
(c) Telephone or electrical malfunction verified in writing by the utility service; or
(d) Malicious activation by any persons by any means.
FIRE ALARM USER. The person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure, or facility or portion thereof wherein a fire protection system is maintained.
FIRE PROTECTION SYSTEM. Any fire alarm device or system automatic direct dialer, or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling, or extinguishing a fire, or otherwise alerting occupants or the Fire Department, or both, that a fire has occurred.
KEY HOLDER. A person authorized by the fire alarm user to have access to the protected premises and fire protection system by use of a key or combination to provide emergency entrance to the premises, to silence alarms, and notify proper fire protection system maintenance personnel to correct system malfunctions.
NUISANCE ALARMS. An alarm caused by malfunction, lack of proper maintenance, or repeated false alarms as follows:
(a) Smoke created by cooking;
(b) Malicious activation by any person by any means;
(c) Trouble alarms for the same or unknown reason;
(d) Systems set off during maintenance;
(e) Systems set off by workers for any reason; or
(f) Any other repeated nuisance alarm by any means.
TROUBLE ALARM. A signal initiated by the fire alarm system or device indicative of a fault in a monitored circuit or component.
(B) False alarm penalties.
(1) No fire alarm user protected by an alarm system shall permit, allow, or suffer the alarm system to communicate or transmit a false fire, or nuisance alarm.
(2) For the first false fire or nuisance alarm within a 30 day period, a letter of first warning shall be forwarded to the fire alarm user with suggestions for avoidance of false or nuisance alarms. For the second false fire or nuisance alarm in the 30 day period, a letter of second warning shall be forwarded indicating the second violation, and a warning of impending fines for the third offense. For the third false fire or nuisance alarm in a 30 day period, the fire alarm user of the protected premises shall pay a service charge of $200. Subsequent false fire or nuisance alarms in the same 30 day period shall result in the basic service charge of $200 plus an additional $50 for each false fire or nuisance alarm thereafter.
(3) Each chargeable false fire or nuisance alarm is considered a separate offence and will be invoiced separately. Each and every violation of this section is considered a petty offense, punishable by the service charges previously set forth.
(4) In the event a violator fails to pay the assessment(s), it will result in disconnection of the violator's utility service.
(C) Testing of fire alarm signaling systems.
(1) No person shall conduct any test or demonstration of a fire alarm signaling system without first contacting the appropriate fire dispatch center and fire alarm signaling monitoring company. The fire dispatch center and fire alarm signaling monitoring company shall also be contacted when the fire alarm test or demonstration is completed.
(2) A violation of this section shall be punished as follows:
(a) First offense: written warning, no fine with warning of impending fine on second offense.
(b) Second offense: $200 service charge.
(3) Third and subsequent offenses: basic service charge of $200 plus an additional $50 for each offense thereafter.
(D) Key holders. It shall be the responsibility of the fire alarm user to provide the alarm monitor/ dispatch system with a list of three names/key holders and their phone numbers to contact in the event of an alarm and this list shall be verified or updated every six months and each time there is a change of key holder. The dispatch center should be provided with a site phone extension to contact staff on site for updates regarding the facilities’ current alarm situation.
(E) Exceptions.
(1) New fire alarm installations, or major upgrades, shall be granted a 30 day grace period from false fire or nuisance alarm assessments.
(2) The Pittsfield Fire Chief shall be empowered to review the false or nuisance alarm complaint and remove the complaint for reasonable cause.
(F) In force. The responsibility for complying with this section shall be the duty of both the user of the fire alarm system and the owner of the fire alarm system. Both parties are subject to noncompliance violation penalties as set forth by divisions (B) and (C).
(Ord. 1491, passed 3-19-13)