§ 11-86. Fire alarms.

(a)

Purpose of regulation. The purpose of this section is to place responsibility on alarm users to prevent, by use of appropriate mechanical, electrical, or other means, false fire alarms.

(b)

Scope of regulations. The provisions of this section shall apply to the unincorporated limits of the county.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alarm user means the person or other entity that owns, possesses, controls, occupies, or manages any premises as defined in this subsection.

False fire alarm.

(1)

The term "false fire alarm" means a signal from a fire alarm system that elicits a response by the fire department when no actual or threatened fire-related emergency exists. This definition includes signals activated by negligence, accident, mechanical failure, and electrical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause of activation is unknown. It is a rebuttable presumption that a fire alarm is false if personnel responding from the fire department do not discover any evidence of fire or other emergency after following normal fire department operating procedures in investigating the incident.

(2)

An alarm is not a violation of this section if the alarm user proves that:

a.

An individual activated the alarm based upon a reasonable belief that a fire-related emergency existed;

b.

The alarm system was activated by lightning or an electrical surge that caused physical damage to the system, as evidenced by the testimony of a licensed alarm system contractor who conducted an on-site inspection and personally observed the damage to the system; or

c.

The alarm was activated by vandals.

Fire alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of fire-related emergency requiring urgent attention and to which fire department personnel may reasonably be expected to respond, but does not include such alarms installed in residential buildings of four units or fewer.

Premises means the building or structure or portion of a building or structure upon which is installed or maintained a fire alarm system.

(d)

Fire alarms: posting requirements. A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating:

(1)

The name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm;

(2)

Emergency telephone numbers by which the individual or alarm company may be reached at all times;

(3)

The name and address of the alarm user. The information must be kept current, and failure to update this information within 48 hours of any change constitutes a violation of this section; and

(4)

A standard fire alarm tag, complying with division of state fire marshal Uniform Fire Safety Rules and Standards chapter 4A-48.

(e)

False fire alarms prohibited. No fire alarm user shall cause, allow, or permit its fire alarm system to give three or more false fire alarms in any calendar year.

(f)

Inspection requirements. After the second and each additional false fire alarm in one calendar year, the alarm user must within 30 days file a written certificate with the fire marshal's office from a licensed fire alarm system contractor stating that the fire alarm system has been inspected since the last false fire alarm and is functioning properly.

(g)

Penalties. Each violation of this section shall be punished as follows:

(1)

For a first violation of subsection (d) of this section, a written warning to be issued;

(2)

For a second and each additional violation of subsection (d) of this section, by a fine of $250.00;

(3)

For the third false fire alarm in one calendar year, by a fine of $250.00;

(4)

For the fourth and each additional false fire alarm in one calendar year, by a fine of $250.00;

(5)

For a first violation of subsection (f) of this section, a written warning to be issued; and

(6)

For a second and each additional violation of subsection (f) of this section, by a fine of $250.00.

(h)

Enforcement. The provisions of this section shall be enforced by the fire prevention bureau of the fire marshal's office.

(Code 1979, § 6.6-7; Ord. No. 29-1992, § 1)