Chapter 9.12
FALSE FIRE AND BURGLARY ALARMS

Sections:

9.12.010    Definitions.

9.12.020    False alarms prohibited.

9.12.030    Unintentional burglary false alarms.

9.12.040    Unintentional false fire alarms.

9.12.050    Violation – Penalty.

9.12.060    Distribution of funds.

9.12.070    Key box.

9.12.010 Definitions.

For purposes of this chapter the words set out in this section shall have the following meanings:

“Alarm” means a device that manually or automatically sends out an audio and/or visual signal that is intended to alert persons to the fact that a fire, burglary, or robbery is occurring at a specific location.

“False burglary alarm” means the intentional or unintentional activation of a burglary and/or robbery alarm by causes other than forced entry or attempted forced entry to the premises at a time when no criminal act is being committed or attempted on the premises. The causes of unintentional false alarms include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of the equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act.

“False fire alarm” means the intentional or unintentional activation of a fire alarm by causes other than the occurrence of a fire. The causes of unintentional false alarms include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of the equipment, human error or negligence, or any cause other than the occurrence of a fire.

“Intentional act” means an act done by a person when he or she acts with the object or purpose to accomplish a particular result.

“Unintentional act” means an act done by a person that is not an intentional act. (Ord. 1274 § 1, 2005)

9.12.020 False alarms prohibited.

A. No person shall intentionally or unintentionally cause a false burglary alarm or false fire alarm.

B. In the event that an alarm reported to the county sheriff’s office is determined to be a false alarm, the owner of the alarm system shall bear full responsibility for said alarm for the purposes of this chapter. (Ord. 1274 § 2, 2005)

9.12.030 Unintentional burglary false alarms.

The provisions of this section shall be administered by the county sheriff. Whenever it is determined that a false burglary alarm was not caused intentionally, the sheriff shall proceed as follows:

A. For a response to a premises at which no other unintentional false burglary alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” the person responsible, as provided under FHMC 9.12.020(B), may be required, within five working days after notice to do so, to complete a written report to the sheriff, or his designee, on forms provided by him, setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by a qualified service provider and such other information as the sheriff, or his designee, may reasonably require in order to determine the cause for such false alarm and the corrective action necessary to eliminate any repeat of the false alarm.

B. For a second or subsequent response to the same premises within six months after the first response, a written report shall be required, as for a first response, and the sheriff, or his designee, shall inspect or cause to be inspected the alarm system at said premises. Any associated costs for such inspection shall be borne by the responsible party. Following the inspection the sheriff, or his designee, may prescribe corrective action, in which case notice of such action shall be given to the responsible party. (Ord. 1274 § 3, 2005)

9.12.040 Unintentional false fire alarms.

The provisions of this section shall be administered by the town fire department. When it is determined that a false fire alarm was not caused intentionally, the town fire chief shall proceed as follows:

A. For a response to a premises at which no other unintentional false fire alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” the person responsible, as provided under FHMC 9.12.020(B), may be required, within five working days after notice to do so, to complete a written report to the town fire chief, or his designee, on forms provided by him, setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by a qualified service provider and such other information as the fire chief or his designee may reasonably require in order to determine the cause for such false alarm and the corrective action necessary to eliminate any repeat of the false alarm.

B. For a second or subsequent response to the same premises within six months after the first response, a written report shall be required, as for a first response, and the town fire chief, or his designee, shall inspect or cause to be inspected the alarm system at said premises. Any associated costs for such inspection shall be borne by the responsible party. Following the inspection the fire chief, or his designee, may prescribe corrective action, in which case notice of such action shall be given to the responsible party. (Ord. 1274 § 4, 2005)

9.12.050 Violation – Penalty.

A. Every intentional violation of FHMC 9.12.020(A) shall constitute both a public nuisance and a Class I civil infraction, as defined in FHMC 1.18.020.

B. Whenever there shall have been three unintentional false alarms from the same premises within any period of six months, the third false alarm shall constitute both a public nuisance and a Class I civil infraction, as defined in FHMC 1.18.020. (Ord. 1274 § 5, 2005)

9.12.060 Distribution of funds.

All funds collected from fines imposed by the county district court for violations of this chapter shall be distributed as provided in RCW 3.62.020. The clerk of the county district court in his/her monthly remittance of funds to the town treasurer shall earmark those funds received as a result of fines imposed for a violation of this chapter. Thirty-two percent of those funds shall be remitted by the town treasurer to the state treasurer as required by RCW 3.62.020(2) and the remainder deposited in the town current expense fund as required by RCW 3.62.020(3). (Ord. 1274 § 6, 2005)

9.12.070 Key box.

All buildings equipped with or required to be equipped with fire detection or fire suppression systems or equipment shall install a key box in an accessible location on the exterior of the building in order to allow immediate access by authorized law enforcement or firefighting personnel whenever they have reasonable grounds to believe that a fire or other emergency may be occurring within the building.

The key box shall be of a type approved by the town fire chief, shall contain proper keys to gain access to the building, and shall be installed in a manner approved by the fire chief. A key box tamper switch shall be connected to the building’s fire alarm system.

Compliance with this section shall be required within six months of the effective date of the ordinance codified in this chapter. (Ord. 1274 § 7, 2005)