Arcadia Municipal Code Ch. 9.5 Alarm Systems—fire Department Alarm Systems

The City of Arcadia finds and determines that the regulation of fire alarm systems and the control of false fire alarms are necessary to promote the health, welfare and safety of the people. Many fire alarm systems currently in use either mechanically malfunction, or are not operated properly by their users, causing an increase in false fire alarm reports, thereby constituting a hazard and wasted time for fire personnel and the public in general. The City Council determines and finds that the high rate of "false fire alarms" is extreme, and that the remedies set forth in this Ordinance, including without limitation cost assessments, are necessary to address and remedy this problem and its negative impact on the services of the City and the taxpayers of the community.

For the purpose of this Article, the following definitions will apply:

A. "Fire alarm system" is a system of devices designed to detect the presence of fire within a structure or structures and which when activated, emits a sound or transmits a signal to indicate that an emergency exists, to which fire personnel are expected to respond.

B. "Fire alarm business" shall mean any person, firm or corporation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, removing, installing or monitoring of a fire alarm system in or on any building, place, or premises.

C. "Fire alarm agent" shall mean any person who is self-employed or employed by a fire alarm business, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place, or premises.

D. "Audible fire alarm device" is a device which is designed to activate upon a signal from a fire alarm panel of the detection of smoke or fire and which sounds an audible signal on the premises.

E. "Fire alarm user" is any person using a fire alarm system at his/her residence or place of business.

F. "False fire alarm" shall mean the activation of a fire alarm system necessitating response by the Arcadia Fire Department where an emergency situation for which the alarm system was designed or used does not exist. "False fire alarm" shall also include a fire alarm system activated as a result of servicing, testing, maintenance, adjustments, alterations or installations necessitating response by the Arcadia Fire Department where an emergency situation for which the alarm system was designed or used does not exist, unless the Arcadia Fire Chief or his/her designee is formally notified in advance of the specific time of such servicing, testing, maintenance, adjustments, alterations or installations, as required pursuant to Section 3953(A). Fire alarms that are activated by a person or persons who have a reasonable belief under the particular circumstances that activation was necessary shall not be deemed "false fire alarms." Fire alarms that result from natural causes beyond the control of permitee are not deemed to be "false fire alarms."

G. "Person" shall mean any individual, partnership, corporation or other entity.

H. "Residential" means premises used as dwelling units, which includes without limitation, apartments and lodging houses.

I. "Business" shall mean any premises used as nonresidential premises.

All fire alarm systems and appurtenant equipment installed on any premises shall meet or exceed those standards, which may hereafter, be established by resolution or ordinance of the City Council of the City of Arcadia. The City reserves the right to inspect all fire alarm systems subject to all applicable laws, including without limitation, Code of Civil Procedure Section 1 822.50 et seq. (Inspection Warrants).

All new fire alarm systems shall meet or exceed the minimum standards for fire alarm systems established by this Chapter and Article III, Chapter 1.

A. Maintenance Notification. The fire alarm user shall notify the fire alarm system monitoring station of the Arcadia Fire Department prior to, and shall specify the time of, any service, test, repair, maintenance, alteration or installation of a fire alarm system which might produce a false fire alarm. Any fire alarm activated where such prior notice has been given shall not constitute a false fire alarm.

B. Repairs. When any false fire alarm caused by a malfunction of a fire alarm system has occurred, the fire alarm user shall promptly cause the fire alarm system to be repaired to eliminate the malfunction. The fire alarm system shall be disconnected while repairs are being made.

C. Direct Dial Telephone Devices. No person shall install any fire alarm system which directly dials any telephone number of the Arcadia Fire Department, unless authorized in writing by the Fire Chief.

No person shall install any fire alarm system without the prior approval or conditional approval of the Arcadia Fire Department to assure compliance with the Fire Alarm System Standards as established by the City.

Whenever it is determined that a fire alarm user has failed to meet any of the standards of this Chapter or related resolutions or regulations adopted by the City, the Arcadia Fire Department is authorized to direct in writing that the user of that fire alarm system disconnect the system until it is made to comply with said requirements. Failure to comply with this direction shall constitute a misdemeanor. An approved Fire Watch may also be required by the Arcadia Fire Department during the time the fire alarm system is disconnected.

Any person having a fire alarm system which results in an Arcadia Fire Department response in which the alarm proves to be a false fire alarm, shall pay a cost assessment fee to the City of Arcadia as set as follows or as maybe established by resolution of the City Council from time to time. The following assessment schedule shall not apply to any false fire alarms that occur within thirty (30) calendar days of the initial completed installation of a new fire alarm system. The assessment schedule shall also not apply to any false fire alarms that occur within a tenant improvement space within thirty (30) calendar days of its completed installation.

A false fire alarm cost assessment and other penalties and remedies as applicable, shall be paid to the City, or due from the fire alarm user, on the third false fire alarm received from any single fire alarm system serving one address or location, in accordance with the following schedule:

A. The first and second false fire alarm during the calendar year-no cost assessment.

B. For each of the third and all subsequent false fire alarms during the calendar year-cost assessment equivalent to one engine company at the established hourly rate (the full hourly rate shall also apply to any fraction of an hour) listed in the Fire Department Fee Schedule (Engine/Truck Company Standby) set forth by resolution of the City Council from time to time.

C. For each of the fifth and all subsequent false fire alarms during the calendar year-issuance by the Fire Department of violation notices for corrective actions for failure to maintain fire alarm systems, and issuance of administrative citations.

The purpose of this Section 3956 is, in part, to assure that assessment, and other penalties and remedies, shall apply to any person whose fire alarm system results in at least three (3) false fire alarms during the calendar year period. Any false fire alarm during the calendar year period shall be counted as part of the calculation of cost assessments set forth herein. Accordingly, a person cannot be cleared of all false fire alarms until the beginning of the next calendar year.

Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. The conviction or punishment of any person for violation of the provisions of this Chapter shall not relieve such person from paying any fee or cost assessment due and unpaid at the time of such conviction, nor shall the payment of any cost assessment prevent criminal prosecution for the violation of any of the provisions of this Chapter. All remedies shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. The amount of any fee or charge shall be deemed a debt to the City. An action may be commenced in the name of the City fit any court of competent jurisdiction for recovery of the amount of any delinquent fees or cost assessments, or any other remedy. All fees and cost assessments shall be deemed delinquent if the City does not receive them within ten (10) calendar days after they are due and payable. A person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person.

Subject to the California Public Records Act, information furnished and secured pursuant to this Chapter shall be deemed confidential in character and shall not be subject to public inspection.

(Chapter 9.5 added by Ord. 2209 adopted 8-2-05)