Division 9 — FIRE ALARMS

SEC. 11-78. PURPOSE.

(A) The purpose of this division is to encourage owners and fire alarm businesses to properly use and maintain the operational effectiveness of fire alarm systems in

order to improve their reliability and reduce or eliminate false fire alarm and nuisance fire alarm dispatching.

(B) This division governs fire alarm systems intended to summon fire department personnel and requires reporting the state mandated annual testing results to the fire department via the department's third party vendor for data collection. Assessment of fee based inspections for excessive fire alarms and nuisance fire alarms dispatching provides procedures for repeat offenders which may include cost recovery for the fire department response.

(Ord. 2951)

SEC. 11-79. FIRE ALARMS: DEFINITIONS.

As used in this division, the following words and terms shall have the following meanings:

(A) ADOPTED CODE(S) - Codes adopted by this code. In the absence of any such code adoption, the National Fire Protection Association National Fire Alarm and Signaling Code 72 ("NFPA 72") shall apply as referenced in one or more of the following codes: the National Fire Protection Association, Life Safety Code 101 ("NFPA 101"), the International Building Code ("IBC"), the California Fire Code ("CFC"), and the International Residential Code ("IRC").

(B) COMMERCIAL FIRE ALARM SYSTEMS - Those alarm systems installed in other than one-family and two-family homes.

(C) ENFORCEMENT OFFICIAL - The fire chief or his or her designee.

(D) FALSE FIRE ALARM - The activation of any fire alarm system not caused by heat, smoke, or fire, exclusive of a nuisance fire alarm.

(E) FEE - The assessment of a monetary charge based on the cost of services provided by the city, payable to the city pursuant to this division.

(F) FINE - The assessment of a monetary charge for noncompliance with this division, payable to the city pursuant to this division.

(G) FIRE ALARM ACTIVATION REPORT - A document issued by the enforcement official indicating that the activation was deemed to be the result of fire alarm activation due to fire, a nuisance fire alarm, or a false fire alarm.

(H) FIRE ALARM BUSINESS - Any individual, partnership, corporation, or other entity that is appropriately licensed in the state/jurisdiction and installs, causes to be installed, permits to be installed, alters, maintains, repairs, replaces, or services any fire alarm system.

(I) FIRE ALARM SYSTEM - A commercial or household system, or portion of a combination system, consisting of components and circuits arranged to monitor and/or annunciate the status of a fire alarm, or supervisory signal-initiating device(s), and to initiate the appropriate response to those signals.

(J) FIRE DEPARTMENT - The Oxnard Fire Department.

(K) FIRE WATCH - An enforcement official approved person or persons assigned to the premises for the purpose of protecting the occupants from fire or similar emergencies. A fire watch may involve at least some special action beyond normal staffing, such as assigning an additional security guard(s) to walk the premises who has been specially trained in fire prevention and in the use of fire extinguishers, in notifying the fire department, in sounding the fire alarm system located on the premises, and in understanding the particular fire safety situation.

(L) INITIATING DEVICE - A system component that originates transmission of a change of state condition, such as in a smoke detector, manual fire alarm box. or supervisory switch.

(M) MONITORED SYSTEM - The process by which a supervising station receives fire alarm, supervisory, and trouble signals, from a fire alarm system for the purpose of re-transmission.

(N) NUISANCE FIRE ALARM - The activation of any fire alarm system, which results in a response by the fire department, caused by mechanical failure, malfunction, improper installation, lack of proper maintenance, human activity that is determined by the fire chief or his or her designee to be negligent, or any other response for which the fire department personnel are unable to determine the apparent cause of the alarm activation. A false alarm includes an alarm caused by a power outage, but does not include an alarm caused by a force majeure or an extraordinary condition not reasonably within the control of the alarm business or alarm user.

(O) OWNER - Any person who owns the premises in which a fire alarm system is installed or the person or persons, who lease, operate, occupy, or manage the premises.

(P) PREMISES - Any building, structure, or combination of buildings and structures, which serve as dwelling units such as single-family, multi-family, or any other area within a building, structure, or combination thereof, which is used for any purpose, wherein a fire alarm system is installed.

(Q) QUALIFIED FIRE ALARM TECHNICIAN - Any person who inspects, installs, repairs, or performs maintenance on fire alarm systems. This person shall be:

(1) Factory trained and certified;

(2) National Institute of Certification in Engineering Technologies (NICET) Fire Alarm Level II certified;

(3) Electronic Security Association (ESA) Certified Fire Alarm Technician; or

(4) Licensed or certified by state or local authority.

(R) RECORD OF COMPLETION - The completion of a form equivalent to the record of completion form included in the National Fire Protection Association's National Fire Alarm Code ("NFPA 72").

(S) REPORT OF SERVICE/REPAIR - Appropriate documentation in a format acceptable to the fire department's third party vendor for data collection that verifies proper repairs or maintenance performed by the fire alarm business and/or the owner.

(T) REPORTING - The annual notification by the occupant/owner's contractor to the fire department's third party vendor for data collection, that a commercial fire alarm system is installed and 100% tested.

(U) RESPONSIBLE PERSON - Owner or occupant responsible for the alarm system for the building/occupancy.

(V) SUPERVISING STATION - An approved facility that monitors the signals transmitted from a protected premises fire alarm system, at which trained personnel are in constant attendance to take the appropriate action in response to those signals.

(Ord. 2951)

SEC. 11-80. NOTIFICATION OF FIRE ALARM SYSTEM.

(A) An annual notification shall be required for each commercial fire alarm system and a record of completion shall be submitted to the fire department or its third party vendor for data collection.

(B) The responsible person shall be required to give notification to the fire department via its third party vendor for data collection whenever there is a change in the fire alarm business responsible for maintaining, servicing, and/or monitoring the fire alarm system.

(C) Every fire alarm business shall notify the fire department via its third party vendor for data collection of the existence of a commercial fire alarm system prior to the fire alarm system being operational. It shall be the responsibility of the installing fire alarm business to advise the responsible person with notice of the existence of this division a copy of the fire alarm system operation instructions in accordance with adopted codes and the manufacturer's instructions.

(D) Commercial fire alarm contact information to fire department's third party vendor for data collection shall include the following information:

(1) The name(s), address of the premises, mailing address (if different from the address of the premises), business and home and/or cell telephone number of the

owner, lessee, operator, manager, or person in possession of the premises wherein the fire alarm system is installed;

(2) The name, address, and telephone number of a minimum of two persons who can be notified by the enforcement official in the event of the activation of the fire

alarm system, who shall be capable of responding to the premises within a time period adopted by code, and who are authorized to enter the premises to ascertain the

status thereof;

(3) The name, address, and telephone number of the fire alarm business which has contracted to service the fire alarm system and proof of proper state

licensing/registration with the enforcement official, if required. Proof of proper state licensing may be a valid state licensing number; and

(4) Any other documentation that is required by adopted codes.

(E) When any of the information required in subsections 11-80(D)(1) through (3) has changed, it shall be reported to the fire department via its third party vendor for data collection by the responsible person within 15 days of becoming aware of such change.

(Ord. 2951)

SEC. 11-81. FIRE ALARM SYSTEM APPROVAL.

All newly installed commercial fire alarm systems shall be approved by the enforcement official. The record of completion document shall indicate that the fire alarm system is in compliance with adopted codes, and when the fire alarm system is approved and accepted, it shall be signed and dated by a qualified fire alarm technician and by the enforcement official.

(Ord. 2951)

SEC. 11-82. FIRE ALARM INSPECTION, TESTING, AND MAINTENANCE.

(A) The responsible person shall ensure that all fire alarm systems are inspected and tested at least once per year or in accordance with adopted codes. The results of the required annual testing shall be submitted to the fire department via its third party vendor for data collection.

(B) The responsible person shall ensure that all fire alarm systems are periodically maintained per manufacturer specifications and adopted codes.

(C) The responsible person shall be responsible for notifying the enforcement official, in writing, when, for any reason, a monitoring contract or testing contract has been discontinued or canceled, and for any other interruption in service required by the adopted code.

(D) The responsible person shall provide the enforcement official a current copy of the record of completion or test/inspection reports utilizing the designated and approved single point repository service to file all records of all system inspections, tests, and maintenance required by the referenced standards.

(Ord. 2951)

SEC. 11-83. FIRE ALARM ACTIVATION; RESPONSE.

(A) The responsible person shall be responsible for the operation of a fire alarm system.

(B) A response to the activation of a fire alarm signal shall result when any officer or member of the fire department is dispatched to the premises where the fire alarm system has been activated.

(1) If the commercial fire alarm system is not a monitored system, the fire department shall notify any person identified in the notification documents pursuant to

subsections 11-80(D)(1) through (3) and shall require such person to respond to the premises.

(2) If the responsible person of the commercial fire alarm system has a contract with a remote station for the monitoring of the system, the remote station personnel

shall notify any person identified by the responsible person.

(3) If a household fire alarm system is a monitored system, the remote station shall verify the fire alarm signal before dispatch, as allowed by the adopted code.

(4) If a household fire alarm system is a monitored system, the remote station shall forward any cancellation of a fire alarm signal to the fire department.

(C) The member of the fire department who responds to the premises shall serve the responsible person or authorized representative with a fire alarm activation report.

(Ord. 2951)

SEC. 11-84. NUISANCE FIRE ALARMS.

If the activation of a fire alarm system is deemed by the enforcement official to be a nuisance fire alarm, the responsible person shall be served with a fire alarm activation report by an officer or member of the fire department, indicating that the activation was deemed to be the result of a nuisance fire alarm.

(A) The responsible person shall return a completed report of service/repair within 30 days of receipt of the fire alarm activation report to verify, to the reasonable satisfaction of the enforcement official, that:

(1) The fire alarm system has been examined by a qualified fire alarm technician; and

(2) Inspection has been made to identify and correct any defect of design, installation, or improper operation of the fire alarm system which was identifiable as the

cause of the nuisance fire alarm.

(B) Failure to return a report of service/repair within the 30 day period, which is reasonably satisfactory to the enforcement official, shall result in a fee-based fire life safety inspection by a fire inspector to determine the condition of the facility. Such fees are based upon those adopted by city council resolution.

(Ord. 2951)

SEC. 11-85. FIRE ALARM SERVICE FEES AND FINES.

(A) The provisions of this section shall not apply to a newly installed fire alarm system.

(1) No fee or fine shall be assessed for the first two residential or commercial false fire alarms at the same premises responded to by the fire department during

each calendar year. Thereafter, the fire marshal shall have a fire inspector conduct a fire life safety inspection to determine the condition of the facility. A cost recovery fee for all responding units shall apply for additional false alarms at the same premises after the fire life safety inspection.

(2) The activation of a fire alarm system will not be considered a false fire alarm if the alarm is activated due to malicious causes beyond the control of the

responsible person.

(B) Nuisance fire alarms - After the first two residential or commercial false fire alarms at the same premises responded to by the fire department during each calendar year, the fire marshal shall have a fire inspector conduct a complete fire life safety inspection to determine the condition of the facility. A cost recovery fee for all responding units shall apply for additional false alarms at the same premises after the fire life safety inspection.

(Ord. 2951)

SEC. 11-86. REMEDIES AND PENALTIES.

(A) Due to repetitive nuisance fire alarms and/or false fire alarms, the enforcement official has the authority to order a fire watch in accordance with adopted codes, until corrective action is taken, or to revoke the occupancy certificate for the premises by written notice to the owner of the premises, for any of the following reasons:

(1) Failure to meet all requirements or pay the fees required by this chapter within 30 days after the notice is mailed to the responsible person;

(2) Failure of the responsible person to provide a written report of service/repair required by this chapter; or

(3) A fourth false fire alarm or nuisance fire alarm at a premises for which a fee is charged pursuant to this chapter as a result of the failure of the responsible person to take corrective action to eliminate the cause of the false fire alarm or nuisance fire alarm.

(B) The enforcement official has the authority to temporarily suspend the occupancy certificate for non-compliance of this chapter.

(C) Anyone convicted of falsifying reports as required under this chapter is subject to penalties established by city council resolution

(Ord. 2951)

SEC. 11-87. APPEALS.

(A) A responsible person may appeal the assessment of fees and fines to the enforcement official. A filing of an appeal with the enforcement official stays the assessment of the fee or fine until the enforcement official makes a final decision. The responsible person shall file a written appeal to the enforcement official setting forth the reasons for the appeal within 15 calendar days of the date of the notice.

(B) The enforcement official or designee shall review the facts and circumstances and shall determine whether the responsible person has shown good cause to withdraw the order.

(C) If the appeal is not upheld, the responsible person is entitled to an administrative hearing as set forth inChapter 1, Article V of this code.

(Ord. 2951)

SEC. 11-88. FIRE ALARM SYSTEM RETURN TO SERVICE.

(A) After the responsible person has taken corrective action to remedy the cause of the disconnect or deactivation of the fire alarm system, a fire alarm system may be returned to service upon enforcement official approval.

(B) In making a request for a fire alarm system reactivation, the responsible person shall have the burden of proving that corrective action has been taken.

(C) Prior to approving the reactivation of the fire alarm system, the enforcement official shall have the right to inspect and test the fire alarm system.

(D) The enforcement official shall not approve the reactivation if the responsible person has failed to pay any fee or fine pursuant to this chapter.

(Ord. 2951)

SEC. 11-89. EXEMPTIONS.

Unless preempted by applicable law, local, state, and federal government facilities (including educational use groups) are not exempt from the provisions of this chapter and must pay assessed fees and otherwise comply with all requirements of this chapter.

(Ord. 2951)

SEC. 11-90. CONFIDENTIALITY.

To the extent allowed by local, state, and federal laws, information contained in and gathered through the alarm notifications, records relating to alarm dispatch requests, and applications for appeals shall be held in confidence by all employees or representatives of the municipality and by any third-party administrator or employees of a third-party administrator with access to such information.

(Ord. 2951)

SEC. 11-91. GOVERNMENT IMMUNITY.

Notification to the fire department of a fire alarm system is not intended to, nor will it create a contract, duty, or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. The fire alarm system owner acknowledges that fire department response may be based on factors such as availability of fire department units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, and/or adopted fire alarm codes. The city, its officers, employees, and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair, or effectiveness of any privately owned fire alarm system, those duties or responsibilities being solely those of the occupant/owner of the premises.

(Ord. 2951)