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HomeMy WebLinkAbout1999-15 Repealing Ordinance No. 14, Series 1994, and Reenacting a False Alarm Ordinance~1 ORDINANCE NO. 15 SERIES OF 1999 AN ORDINANCE REPEALING ORDINANCE NO, 14, SERIES OF 1994, AND REENACTING A FALSE ALARM ORDINANCE WHEREAS, the Town of Vail has experienced excessive false alarms; and WHEREAS, false alarms divert life safety personnel from necessary, responses; and WHEREAS, the financial cost experienced from false alarm response is excessive. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 14, series of 1994 is hereby repealed. Section 2. A false alarm ordinance which will be codified as Chapter 4, Section 9 of the Town of Vail Town Code is hereby adop#ed as follows: 4-9-1 Title; purpose. A. Short title. This chapter shall be known as and may be cited as the "False Alarm Ordinance". B. This ordinance imposes or creates no duties on the part of the Town of Vail or any of its departments. The obligation of complying with the requirements of this ordinance and the liability far failing to do so, is placed upon the owners, operators, and parties responsible far operating andlor maintaining alarm systems. C. The purpose of this chapter is to: A. Promote and establish minimum standards for installation, maintenance, service, inspection, and certifica#ion of fire alarm systems; B. Reduce the number and frequency of false alarms and endangerment faced by emergency response personne! while responding to false alarms; C. Provide far greater efficiency of emergency personnel by reducing the amount of time spent dealing with false alarms. D. Provide for penalties and remedies for false alarms; 4-9-2 Definitions. Alarm Agent: Any individual who is employed by an alarm vendor to install, monitor, maintain, test, or service alarm systems in any manner, or who supervises individuals who perform such work. Alarm Company: Any person operating as an alarm installer, an alarm monitoring facility, an alarm service agency. Alarm Confirmation: A situation in which an alarm signal is transmitted and supported by a subsequent and separate signal, which corroborates the validity of the original signal, indicating that an emergency exists. Confirmation may be provided by a second sensor, transmitting "listen-in" microphones, transmitted video images, direct communication via 911, the use of other technologies that provide the intended results, or by direct communication between Vail Public Safety Communications and an alarm agent or reporting party at the alarm system site. Multiple activations of the same sensor that caused the initial alarm are not considered confirmation. r~ Afaronitarin Facility: A facility that receives signals from manitored alarm system. g indicating emergencies such as fire, burglary, robbery, and medical problems may exist. Alarm System: An electronic, detection and signaling system, combining interrelated signs! initiating devices, signal transmitting devices, signal indicating devices, contra! equipment, and interconnecting wiring, installed for a particular application, in accordance with manufacturer's specifications, nationally recognized standards, the National Fire Protection Association, Underwriter's Laboratories, Inc., Factory Mutual, Inc., or other nationally recognized testing laboratories. Alarm System Owner: A person, firm, partnership, association, corporation, company, or : - arganization of any kind, in possession or control of any building, structure, facility or portion thereof, where an alarm system exists, whether such alarm system is owned or leased. Alarm Verification Procedure: The procedures established by an alarm monitoring facility to contact an authorized representative of the alarm system owner, to validate or deny that the alarm signal received, was due to any condition the alarm system is designed to detect and report. Comprehensive Test: A test of an alarm system that includes (a) an inspection of the installation, (b} a test to verify that all devices, including sensors, controls, communication equipment, and associated devices, function properly, {c)confirmativn that the system can function under designed-for fault conditions,(d) veriftcation that batteries are suitable, (e) manufacturer's specifications, applicable codes, and standards are adhered to, and {f) changes to the original installation are operable and comply with this ordinance. Day: A calendar day. False Alarm: The activation of .a device or transmission of an alarm signal, indicating an emergency exists andlor necessitating response by the Vail Police Department or Vail Fire Department, where na emergency exist. False alarms shall be classified as follows: A. Malicious False Alarms: Alarm system activation or alarm signal transmission by a person knowingly, willingly, or recklessly-causing or permitting an alarm, when no emergency exists. This category shall include, but is not limited to: the activation of manual alarm pull stations, holdup, panic alarms, and similar alarms; intentional discharge of manitored fire extinguishing equipment ar appliances. B. Alarm Malfunction: An activation of a device ar transmission of an alarm signal due to abnormal electrical activity, S11ort CIl'CUIt, device failure, electrical fault, or other factor not within the intended or normal operational parameters of the system or components. The activation of a device, sounding of an audible alarm or signal, or the transmission a# an alarm signal, without annunciation of a specific zone, device, or circuit; the activation of multiple signals, zones, circuits, andlor devices without apparent cause; activation due to apparent radio frequency, electrical surge, power failure, ar similar event; or the inability to silence, reset, restore, or otherwise return the system to normal operation using normal procedures. C. Failure to Maintain: The activation of a device, system, or #ransmission of a signal, due to failure to maintain the system andlor components thereof, according to manufacturer's recommendations, applicable codes, standards, or recommendations, the presence of contaminated detectors, loose wiring or electricaflmechanical connections, Ivw batteries, failure to replace recalled or obsolete equipment, or devices; or failure to replace components subject to periodic replacement. D. Accidental Alarm: The activation of a device, system, or transmission of a signal, that could not reasonably be preven#ed nr antiCipat~ri h}r technically competent alarm technicians, knowledgeable maintenance personnel, by the appropriate selection and installation of detection device{s); or by following normal operating procedures. E. Building Operations: The activation of a device, a system, ar transmission of an alarm signal, due to factors including but not limited to: housekeeping functions, construction activities, including but not restricted to maintenance, repair, replacement, or ins#allation of building features, equipment, and furnishings; functions related to welding, plumbing, painting, • chan~ng light bulbs, cleaning, misuse of equipment, and similar building operations, either directly by or under the supervision of the property owner or management, including work by subcon#ractors. F. Construction Related Alarm: The activation of a device, a system, or transmission of an alarm signal due to factors and operations including but not limited to: demolition andlor construction cleanup, preparation, or housekeeping functions; construction activities, including but not restricted to demolition, removal, maintenance, repair, replacement, or installation of building features, equipment, and furnishings; func#ions rela#ed to welding, plumbing, painting, changing light bulbs, cleaning, and similar building operations, either directly by or under the supervision of a general contractor, with or without a Town of Vail Building, Eiectrica[, or Mechanical permit, or by subcontractors of the same. G. Nuisance alarms: Alarms caused by factors to which the alarm system is not intended to deter#, respond, or be activated by, or are caused by factors other than accidental false alarms, This category shall include but is not limited to alarms caused by: cooking smoke, fireplace smoke, down drafts, steam, heat or moisture from saunas, water leaks, and similar causes. H. Undetermined Cause: An alarm system activation or transmission of an alarm signal for which the cause cannot or has not been determined by responding personnel, and for which there is no apparent cause. 1. Good in#ent: This category shall include, but is not limited to, alarms transmitted by an individual believing an emergency condition exists. Alarms under this category shall not be held to constitute a violation of this chapter. inspection: A technical and functional test and inspection of an alarm system by a licensed fire alarm contractor. Such problems include, but are not limited #a: loose or frayed wiring, loose doors or windows that may cause false alarms, loose, improperly installed, or improperly located sensors; items that may cause motion detectors, glass break detectors, or other sensors to cause false alarms; violations of current codes, standards, manufacturer's specifications and recommendations, deviation from approved plans, or other deficiencies. Letter of Certification: A letter stating that the alarm system has been inspected and conforms to minimum installation, construction, and operation standards as set forth in this chapter. Local Alarm System: An alarm system that is not a monitored alarm system, and that triggers a sounding device that can be heard outside of the protected premises. Maintenance Can#ract: A written agreement with a licensed alarm company to perform repair, service and maintenance. Maintenance contracts may be required at the discretion of the Fire Chief for alarm systems shown to be subject to repeated false alarms. Such contract may at the discretion of the Fire Chief, include inspection, #esting, installation andbr relocation of equipment as necessary. Modified Central Receiving Station: An office, facility, ar portion thereof, which does no# meet the requirements fora "listed Central Station," as defined by Underwriter's Laboratory, to which remote alarm and supervisory signaling devices are connec#ed and where operators supervise the circuits and monitor alarm signals. Monitored Alarm System: An alarm system tha# sends its signals to an alarm monitoring facility, Central Station or Modified Central Receiving Station, which, upon receipt and acceptance of a detected alarm condition, sends a request for response to the Vail Public Safety Communications center. Notice: Written notice served upon a person, firm, corporation, or place of business, by hand delivery, or by placing such notice in the possession of the United States Postal Service, return receipt requested, addressed to the entity at the address of record. Permittee: Any person, firm, corporation, partnership, association, or business, granted a permit under the provisions of this chapter. Pers~ Any individual, firm, partnership, association, corporation, company, or organization of any land. Request For Response: The notification by an alarm monitoring facility, Central Receiving Station, or Modified Central receiving S#ation, to the Vail Public Safety Communications center, information about an alarm event for which response by police, fire, or emergency medical personnel, is requested . Responsible Party: A responsible party, for the purpose of this ordinance, shall include the owner of the property or business, the manager or authorized agent, andlor an employee of a licensed alarm company under contract. Subscriber: Any person, frm, partnership, association, or corporation, who purchases, subscribes, leases, or otherwise contracts far or obtains an alarm system, an inspection, maintenance con#ract, or monitoring service, for an alarm system. Tampering: The unauthorized removal, manipulation, alteration, adjustment, operation, service, maintenance, installs#ion, or other action, involving an alarm system or components thereof, including but not limited to wiring, devices, equipment, control panels, switches, and other appurtenances, by any individual, person, corporation, or other entity, who is not in possession of a valid and current Town of Vail Contractor's License, as required by Tawn of Vail regulations. Town: The Town of Vail. Town Council: The Town Council of the Town of Vail. Unauthorized: Not having received direct and explicit permission from the Town of Vail Fire Chief, the Chief Building Official, or their designates, and not under a current and duly issued permit. Vail Public Safety Communications: Adivision of the municipal government of the Town of Vail tha# receives emergency andlor general information from the public, or other agencies, and which dispatches police, fire, and emergency medical personnel for the Town of Vail. 4-9-3 Performance Standards. A. Performance Standards: 1. The owner of an alarm system transmitting a false alarm, upon the issuance of a written order from the Fire Department or agent thereof, may be required to have the alarm system recertified. 2. False alarms of any type, are subject to the issuance of a Summons and Complaint to Municipal Court. Upon a finding of guilty, penalties may be assessed in accordance with applicable law. 3. The Fire Department may require alarm confirmation andlor alarm verification, and then notification to the Vail Communication Center (Dispatch) by telephone via the emergency notification system (911), prior to initiating emergency response. Verbal communication of an actual or suspected emergency condition to proper authorities shall not constitute grounds for reduced or restricted response status, or the requirement to confirmed an emergency exis#s, as well as other restrictions, to be imposed. 4. If there is reason to believe that any alarm system is not being used or maintained in a manner that insures prnpar operation and suppresses false wlarms, the Fire Departmont, the Police Department, or the Building Department, may require a conference with an Alarm Agent, an Alarm Company, an Alarm System Owner andlor a responsible party and any other individual or association responsible for maintenance of the alarm system to review the circumstances of each false alarm, to identify the cause of the false alarms, and identify, initia#e and complete mitigation steps to assure the future compliance with the requirements of this Chapter. ~epeated alarms from the same cause may not be subject to any mitigating credi#s and are as such, subject to the issuance of a Summons and Complaint. 5. The Fire Department may take into consideration, the cause of the false alarm, the size of the structure, the number and frequency of false alarms far a particular location, and the property's ability to respond to and mitigate the causes of the false alarms, when deciding whether or not to issue a citation. False alarms caused by deficiencies in existing fire alarm system(s), shall be remedied by the building owner(s). Contractors shall not be assessed penalties resulting from problems with existing systems, provided the contractor is not directly responsible far the alarm. B. Maintenance Standards: ~ . An annual inspection of every alarm sys#em within the Town shall be performed by a licensed alarm company. Said inspection shall be performed to determine that the operation of the alarm system is in accordance with the manufacturer's specificities, design and performance criteria. Tests shall be conducted to determine whether or not the system .is free from ground faults, dead or intermittent shorts, and to determine that all peripheral devices are operational and that ail self diagnostic functions are operable. 2. Fire alarm systems shall be tested in accordance with testing procedures adopted by the National Fire Protection Agency. Any alarm system which is shown by such test not to be one hundred percent operational, shall be repaired as indicated by the test results. 3, A copy of such test(s), inspection reports, and the required Letter of Certification shall be maintained an the premises and available for review. It is the responsibility of the licensed alarm company to forward a copy of both test{s) and inspection report{s), and the Letter of Certification, to the Tawn of Vail Fire Department. 4. Trouble calls or service calls regarding an alarm system shall be made to a licensed alarm company. Trouble ar service calls shall be responded to within a reasonable time period. If the response for fire alarm repair does not occur within a time period acceptable to the Fire Chief, he may require a change in operation, or place specific restrictions or conditions on the owner including restrictions relating to the use of the building until such time as repairs are completed. Such restrictions shall be made with consideration of the relative degree of hazard imposed by the nature of the alarm system's condition, and with respect to the nature of the building and its use. 5. Upon request of the Vail Fire Department, a responsible party shall respond #o the premises for the purpose of permitting access to determine the cause of the alarm, secure the property, or reset the alarm system. Failure of a responsible party #o respond as requested, shall constitute a violation of this chapter by the alarm system owner. 6. It shall be the responsibility of the alarm system owner to provide for the required response in accordance with the above section, and to insure that current information is provided to the Vail Public Safety Communications center or their respective central receiving station, including a list of responsible parties, phone numbers and current street and mailing addresses. The street address shall be visibly posted on the street side of the exterior of the protected premises. C. Notification; Any central receiving station or modified central receiving station moni#oring alarm systems in the Town of Vaif, whether the central receiving station or modified central receiving station is located in Vail or not; upon reGein± of an alarm signal in.ricating ±hu+ 3 lira cr c,hcr emergency condition exists, shalt notify the Vail public Safety Communications center immediately. All central receiving station ar modified central receiving station operators shall furnish such information as requested. 4-9-~etter of Certification Required. A. Letter ofi Certification: f~J No person shall use an alarm or an alarm system, as defined by this chapter, unless the alarm or alarm system has been inspected by a licensed alarm company; and a Letter of Certification, stating that the alarm system has been inspected and conforms to minimum installation, construction, and operation standards as set forth in this chapter has been issued by the inspec#ing alarm company. A Letter of Certification shall not be renewed unless the alarm system has been tested to insure operations of the main control panel and one hundred percen# of peripheral equipment are in compliance with this chapter. The Letter of Certification shall be kept on the premises and will be available for inspection. A copy of such letter for fire alarm and detection systems shall be forwarded to the Vail 1=ire Departments by the alarm company. Letters of Certification are required annually and shall be credited as meeting the requirements of this section as of the date repairs are complete. B. Procedure: Any decision of the Fire Chief or designate, any order of suspension or revocation made pursuant to this chapter, the issuance of a Summons and Complaint, or levy of a fine, shall be served upon the licensee or permittee either personally or by mailing a copy of such order by certified mail, postage prepaid, return receipt requested, to the licensee or permittee at the last known address. The failure of any person to receive such notice shalt not affect the validity of any decision or order of the Fire Chief pursuant to this chapter. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. Any order of the Fire Chief except the issuance of a Summons and Complaint made pursuant to #his chapter may be appealed the #a the Town Manager provided a written notice of appeal is filed with the Town Clerk within ffteen days of the date of service of such decision or order. Upon receipt of any appea! filled pursuant to this section, the Town Manager shall fix a date, time, and place for the hearing of the appeal. Written notice of the time of the hearing of the appeal shall be given at least ten days prior to the date of the hearing to the appellant, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant. 4-9-5 Violations. The conviction of any person for a violation of any provision of this chapter, or the conviction of any person for the installation or operation of any alarm sys#em in violation of any provision of this chapter shall not relieve such person from paying any license or permit fee required by this chapter. Each violation of any provision of this chapter shall be held to be a separate offense each day. Section 3, If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Tawn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. b S 5ect~alf 4. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision.or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repeater shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15'" day of June, 1999, and a public hearing for second reading of this Ordinance set for the 6t~ the Vail Municipal Building, Vail, Colorado ATTEST ~~~~;vyN, OF' ..~q~r, '~ a , ~~ ~~ %i~,,,~ ~;~ ~ ~ PUJ ~aa Robert E. Ford, Mayor ~~ ~.rrr -i'uuuii+uu~'u 1 / i ~ oral i Donaldson; Town Clerk 1999, in the Councl Chambers of READ AND APPROVED ON SECOND READI ND ORDERED PUBLISHED this i of July, 1999. ~ ,4~;4t144+it1llli'!all ,~i/i .~~```; ~;y (;F q~iii ~: ;; T ~ ~ ~aF}ert E. 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