Legal Fire Alarm Ordinance

LEGAL FIRE ALARM ORDINANCE

This Ordinance is enacted by Municipality Name: by and through Governing Body Name: to regulate the installation, maintenance, registration, response and penalties associated with fire alarm systems within the territorial limits of the Municipality.

RECITALS

WHEREAS, it is necessary for the protection of public health, safety and welfare to establish standards for the design, installation, operation and maintenance of fire alarm systems and to provide procedures for the registration, inspection, response and abatement of alarm activations; and

WHEREAS, unreasonable or repeated false alarms impose substantial burdens on emergency response resources and increase risk to responders and the public; and

WHEREAS, the Governing Body finds that the regulation of fire alarm systems and the imposition of reasonable fees and penalties for false alarms are necessary to promote timely responses to legitimate emergencies and to encourage proper system maintenance and user education.

NOW, THEREFORE, be it ordained by Municipality Name: , Governing Body Name: , that the following provisions are adopted:

SECTION 1. DEFINITIONS

For the purposes of this Ordinance, the following terms shall have the meanings set forth below unless the context otherwise requires:

1. Alarm system. Any device or series of devices that detect fire, smoke or other indicia of fire and transmit a signal to an alarm receiving center or directly to the Municipality's emergency response agency.
2. Registered alarm user. The person or entity that holds the permit required by Section 3 and is responsible for maintenance, response to instructions from the alarm administrator and payment of fees.
3. False alarm. Any activation of an alarm system that results in a response by emergency services where no fire, smoke or other qualifying emergency condition exists, except as a result of confirmed malicious act or verified system test authorized in advance.

SECTION 2. SCOPE AND APPLICATION

This Ordinance applies to all commercial, institutional and multi-tenant residential properties within the municipal limits. Single-family dwellings that do not employ monitored alarm services are subject to applicable sections concerning response and notice but are exempt from registration fees unless otherwise indicated.

SECTION 3. REGISTRATION AND PERMIT

A. It shall be unlawful for any person or entity to operate or cause to be operated a monitored fire alarm system within the Municipality without first obtaining a registration permit from the Municipality's designated alarm administration office.

B. Permit Application. An application for registration shall be made on a form provided by the alarm administrator and shall include at minimum:

• Registered Alarm User Name:
• Premises Address:
• Alarm Company Name:
• 24-hour Contact Phone:

C. Permit Term and Renewal. Permits issued under this Section shall be valid for a period of months and may be renewed upon timely payment of the required fee and confirmation that the system remains in compliance with applicable standards.

SECTION 4. STANDARDS FOR INSTALLATION, TESTING AND MAINTENANCE

All alarm systems subject to this Ordinance shall be installed, tested, inspected and maintained in accordance with nationally recognized standards for fire alarm systems and the manufacturer's instructions. Registered alarm users shall ensure prompt corrective action for system defects and shall maintain records of inspections and tests for a period of not less than three years, which records shall be made available to the alarm administrator upon reasonable request.

SECTION 5. RESPONSE, FALSE ALARMS AND FEES

A. Response Protocol. The Municipality's emergency response may be dispatch upon receipt of a valid signal from a monitored alarm system. The alarm administrator may require verification procedures for certain alarm signals where appropriate to reduce unnecessary response.

B. False Alarm Fees. To defray the costs of emergency response, the following schedule of civil fees is adopted for false alarms occurring at a single registered location within a twelve-month period:

• First response: no charge
• Second response: (for the second incident)
• Third response and each subsequent response: per incident

C. Assessment and Collection. The alarm administrator shall provide written notice to the registered user of any assessed fee. Fees unpaid after days from the date of notice may be collected as a municipal lien or by any other method authorized by law.

SECTION 6. ENFORCEMENT, ABATEMENT AND APPEALS

A. Enforcement. The enforcing officer designated by the Municipality shall have the authority to investigate alarm activations, issue citations for violations of this Ordinance, order corrective measures and suspend or revoke registration permits for repeated noncompliance.

B. Abatement. If an alarm system poses an imminent hazard or if a registered user repeatedly fails to abate false alarms, the alarm administrator may require disconnection of monitoring service or other remedial measures until compliance is achieved.

C. Appeal Procedure. A registered user may appeal an assessment, citation or order by submitting a written request for administrative review to the alarm administrator within days of the date of the notice. The appeal shall be heard by a hearing officer or panel designated by the Governing Body. The decision of the hearing officer shall be final, subject to judicial review as provided by law.

SECTION 7. INSPECTIONS AND RECORDS

The Municipality shall have the right to enter premises for the purpose of inspecting alarm systems and related records during normal business hours upon presentation of identification. The registered user shall cooperate with inspections and provide access to records of testing and maintenance upon request.

SECTION 8. LIABILITY AND INSURANCE

Compliance with this Ordinance is not a substitute for any duty to maintain insurance or otherwise protect persons or property. The Municipality assumes no liability for failure of an alarm system to operate or for actions taken or not taken in response to an alarm activation.

SECTION 9. NOTICES

SECTION 10. FEES FOR PERMITS AND ADMINISTRATION

Reasonable fees to cover the costs of administration, permit issuance and response to false alarms may be established by separate fee resolution adopted by the Governing Body. The initial registration fee shall be , subject to change consistent with applicable law.

SECTION 11. AMENDMENTS; WAIVER

This Ordinance may be amended by the Governing Body by majority vote. No waiver of any provision of this Ordinance shall be valid unless made in writing and signed by the alarm administrator or other authorized official.

SECTION 12. SEVERABILITY; ENTIRE AGREEMENT; GOVERNING LAW

If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected. This Ordinance constitutes the full and complete statement of the legislative policy regarding fire alarm systems within the Municipality. This Ordinance shall be governed by and construed in accordance with the laws of State: .

SECTION 13. EFFECTIVE DATE

This Ordinance shall take effect on Effective Date: , following its adoption in accordance with applicable law.

CERTIFICATION OF PASSAGE

I hereby certify that the foregoing Ordinance was duly adopted by the Governing Body of Municipality Name: on Adoption Date: by the following vote:

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