Chapter 15.30
PREVENTABLE ALARMS

Sections:

15.30.010    Definitions.

15.30.020    Response to fire alarms – Scope.

15.30.030    Owner responsibility, owner response, fire alarm malfunction and corrective action.

15.30.040    Fines and cost recovery.

15.30.050    Notice of fine.

15.30.060    Hearing from administrative decision – Finality.

15.30.010 Definitions.

(1) “Enforcement official” means the Fire Marshal or his designated representative.

(2) “Fee” means the assessment of a monetary charge payable to the City of Covington, authorized pursuant to this chapter.

(3) “Fire alarm system” means any mechanical, electrical or radio-controlled device that is designed to emit a sound or transmit a signal or message when activated or any such device that emits a sound and transmits a signal or message when activated because of smoke, heat and/or fire. Without limiting the generality of the foregoing, alarm systems shall be deemed to include local, remote, proprietary and central station systems. A single station (residential) smoke alarm shall not be deemed to be an alarm system under this chapter.

(4) “Fire protection system malfunction” means the alarm/activation of any fire protection system which results in the response of the Fire Department caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or cause of the alarm/activation is undetermined.

(5) “Owner” means any person who owns a structure.

(6) “Preventable fire alarm” means the alarm/activation of any fire protection system which results in the response of the Fire Department caused by the negligence or intentional misuse of the system by the owner or his employees, servants or agents, or any other activation not caused by heat, smoke or fire, inclusive of a fire protection system malfunction as defined below. Additionally, an alarm is not considered a preventable alarm if the alarm is activated due to malicious causes beyond the control of the owner.

(7) “Serve” shall mean the hand-delivery by a representative of the Fire Department to the owner or authorized representative who responded to the structure. In the event the owner or authorized representative fails to respond to the premises within 30 minutes, “serve” shall mean placing the form or other matter in the United States mail, postage prepaid, addressed to the owner or authorized representative.

(8) “Single-station (residential) smoke alarm” means an assembly incorporating the detector, control equipment and alarm-sounding appliance in one unit operated from a power supply either in the unit, or obtained at the point of installation. (Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.010))

15.30.020 Response to fire alarms – Scope.

This chapter shall apply to activation of a fire protection system resulting in response of fire apparatus due to either direct transmission of the alarm to a monitoring station or telephone report of a fire protection system activation caused by any of the following:

(1) Preventable Nuisance.

(a) Erroneous transmission of an alarm including the reporting of trouble signals by fire alarm monitoring companies.

(b) Working on a fire protection system connected to an alarm system when reasonable steps were not taken to prevent reporting of an alarm to the Fire Department.

(c) Fire drills or tests of fire protection systems when reasonable steps were not taken to prevent reporting of an alarm to the Fire Department.

(d) Work including painting, welding, cleaning, cooking, dust producing or other activities which could activate a fire alarm detector.

(e) Unintentional manual activation of a fire protection system when reasonable steps were not taken to prevent the activation of the device.

(f) Unintentional striking of a detector, circuitry, panel or other components of an alarm system or unintentional breakage or discharge of a sprinkler system or other fire-extinguishing system when reasonable steps were not taken to prevent the damage.

(2) Preventable Malfunctions.

(a) Mechanical failure.

(b) Improper type, installation, sensitivity or maintenance of automatic detectors.

(c) Improper installation (including unapproved or incompatible components) or maintenance of fire protection systems including systems with unapparent reasons for repetitious alarms.

(3) Nonpreventable.

(a) Any actual fire, explosion or overheating or other situation that could have resulted in a fire.

(b) Any manual activation of an alarm where it was believed that a fire or any other emergency requiring response of emergency personnel existed.

(c) Malicious, unintentional manual activation or unlawful tampering with a fire alarm system when reasonable steps were taken to prevent the tampering.

(d) Unintentional breakage or leak of any system that releases steam, heat, gases, water or vapors which might activate a detector.

(e) Earthquake, lightning or natural occurrences that result in movement or flooding of a building.

(f) Work on telephone lines or central office equipment. (Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.020))

15.30.030 Owner responsibility, owner response, fire alarm malfunction and corrective action.

(1) Owner Responsibility.

(a) The owner will provide the Enforcement Official with the following information after acceptance of a new system:

(i) The name(s), address, business and evening telephone number of the owner, lessee, operator, manager or person in possession of the structure wherein the fire protection system is installed;

(ii) 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 protection system who shall be capable of responding to the structure within 30 minutes, and who is authorized to enter the structure to ascertain the status thereof;

(iii) When any of the information required in this subsection has changed, it shall be reported to the Enforcement Official by the owner within 15 days of such change.

(b) The owner of the alarm system and/or subscriber of an alarm service shall be responsible for all preventable Fire Department responses resulting from activation of a fire alarm system including those caused by tenants, or any other occupants of the building or occupancy, or contracted monitoring and alarm system maintenance companies.

(2) Owner Response. Upon notification of a fire protection system alarm/activation from the monitoring company and/or the Fire Department, the owner or their designee shall travel to the structure to ascertain the status of the system. Should the person notified fail to appear at the said structure within 30 minutes after being notified to do so, the City of Covington shall charge the owner a fee as set forth in the current fee resolution. The officer or member of the Fire Department who responded to said structure shall serve the owner or designee a fire protection response report. In the event that there is no contact made by the monitoring company and/or the Fire Department, the owner will be charged a fee as set forth in the current fee resolution.

(3) Fire Alarm Malfunction. In the event of a fire alarm activation deemed by the Enforcement Official to be the result of a preventable malfunction, the owner will be served a fire protection response report by an officer or member of the Fire Department indicating that the activation was deemed to be the result of a malfunction.

(4) Corrective Action. The owner is required to return a completed affidavit of service/repair within 15 days of said system alarm/activation which can verify, to the satisfaction of the Enforcement Official, that the fire protection system in question has actually been examined by a fire protection system technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the fire protection system which was identifiable as the cause of the malfunction. Failure to return an affidavit of service/repair within said 15-day period, which is satisfactory to the Enforcement Official, will result in assessment against the owner of a fine as set forth in the current fee resolution. (Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.030))

15.30.040 Fines and cost recovery.

(1) Preventable Nuisance Fire Alarms. No fines shall be assessed for the first two preventable nuisance fire alarms at the same structure responded to by the Fire Department during each calendar year. Thereafter, the owner shall pay a fine of $57.00 for the third, $84.00 for the fourth, and $112.00 for the fifth nuisance fire alarm responded to by the Fire Department at the same structure during said calendar year.

(2) Preventable Malfunctions. As to all fire alarm malfunctions responded to by the Fire Department, the owner shall be assessed fines as follows: $57.00 for the first malfunction; $84.00 for the second; $112.00 for the third; $167.00 for the fourth; and $222.00 for the fifth.The owner shall pay the assessed fees unless he or she returns to the Fire Department an affidavit of service/repair deemed satisfactory by the enforcement official. For those malfunctions that the owner returned a satisfactory affidavit of service/repair shall be exempt from any fines in excess of those identified in the current fee resolution during a calendar year.

(3) Problematic Systems. When a structure has an aggregate amount of more than five preventable nuisance and malfunction responses in one calendar year, each additional preventable alarm will be assessed a $271.00 fine. (Ord. 20-07 § 90; Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.040))

15.30.050 Notice of fine.

(1) Notice of imposition of a fine under the provisions of this chapter shall be sent by mail or delivered personally to the owner or authorized designee.

(2) The notice shall specify the sanctions imposed and shall advise the owner that unless he or she appeals to the Hearing Examiner as set forth in Chapter 14.45 CMC by filing a written request with the applicable department within 14 days of the date of the notice the sanctions will be imposed. (Ord. 01-09 § 13; Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.050))

15.30.060 Hearing from administrative decision – Finality.

(1) Any person subject to the imposition of a fee under the terms of this chapter shall have a right to a hearing with the Hearing Examiner upon filing a timely written request.

(2) The request for a hearing must be made in writing and filed with the Hearing Examiner within 14 days of the date of the notice of administrative decision required in CMC 15.30.050. Upon receipt of a timely written request, the Hearing Examiner shall schedule a hearing date and inform the owner of the date, time and place of the hearing pursuant to the procedures outlined in Chapters 14.30, 14.35, 14.40, and 14.45 CMC and the Hearing Examiner rules of procedure. The Hearing Examiner shall consider the record of past preventable alarms, any corrective action taken and any inspection reports on the cause of the preventable alarm. If the Hearing Examiner determines that the owner or his employees or agents did not cause the preventable alarms and that reasonable steps have been taken to correct the problem, the fine(s) or other sanction may be suspended, in whole or in part. The Hearing Examiner shall issue written findings of fact and a written decision within the time parameters prescribed by Chapter 14.45 CMC. (Ord. 01-09 § 14; Ord. 07-07 § 3; Ord. 40-02 § 4 (15.07.060))