HomeMy WebLinkAboutORD FOR INTRO 1 06-03-91N n A
'DINANCE FOR INTRODUCTION NO. 1
3-91 • '
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ATE JUNE 3, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: REGULATIONS FOR FIRE ALARMS AND FALSE ALARMS
RECOMMENDATION
It is recommended that the City Council by:
1. Minute order hold first reading by title only of Ordinance No.
1071 adopting regulations for fire alarms and false alarms.
2. Minute order introduce Ordinance No. 1071.
BACKGROUND
The City of Tustin contracts with the Orange County Fire Department
to provide fire services for the City. A portion of those services
is to regulate fire alarm businesses and to respond to fire alarms.
As part of an overall review of their basic service levels, the
Fire Department determined it is necessary for all contract cities
to adopt regulations regarding fire alarm businesses, fire alarm
systems, and false alarms generated through system malfunctions or
negligence.
In the past, the Fire Department included this service as part of
their basic level of service to the City of Tustin. Establishing
regulations for fire alarm businesses and penalties for false
alarms, shifts the cost of those specific services to those who
directly benefit from or use the service.
On May 20, 1991 the Tustin City Council adopted Resolution 91-56
establishing, in part, permit fees for alarm businesses and penalty
fees for false alarms. The fee schedule will become effective July
1, 1991, and this ordinance must be adopted to enable the Fire
Department to collect those fees.
June 3, 1991
Regulations for Fire Alarms and False Alarms
Page two
Tustin will not be involved in the collection of the permit or
penalty fees; they will be collected by the Fire Department
directly from those who use these services.
Kristine Shingl on Tom W�isler
Assistant City WInager Building Official
Director of Community Development
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ORDINANCE NO. 1071
AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF
TIISTIN AMENDING ARTICLE 5, CHAPTER 1, PART 3 OF THE
TIISTIN CITY CODE- ADOPTING REGULATIONS FOR FIRE
ALARMS AND FALSE ALARMS.
The City Council of the City of Tustin DOES HEREBY ORDAIN as
follows:
Section I: Part 3 of Chapter 1 of Article. 5 of the Tustin
City Code is amended by adding Section 5134, "Fire Alarms and
False Alarms" to read as follows:
5134 FIRE ALARMS AND FALSE ALARMS
A. Definitions. Wherever used within this section, the
following terms shall have the meaning set forth below:
"Alarm": The giving, signaling, or transmission to Fire
Department, its station(s) or companies or to any
officer, or employee thereof, whether by telephone,
spoken word, or otherwise, an indication or information
to the of fect that there is a f ire, or other emergency at
or near the place indicated by the person, devices, or
system giving, signaling or transmitting such
information.
"Alarm System": Any manual, mechanical, or electrically
operated circuits, instruments and/or devices, when
activated emits a sound or transmits alarms, a message
and/or trouble signals for the protection of life and
property from heat, smoke, fire, hazardous materials or
medical emergency. Provided, however, -that this
definition shall not include domestic smoke, fire or
burglar alarm devices whose primary purpose is to awaken
or alert persons on the premises and which emit a light
or sound only within the protected premises.
"Alarm Business": The work, occupation, or profession of
any person who performs, authorizes, directs or causes
the selling, leasing, maintaining servicing, inspection,
repairing, altering, replacement, moving or installing of
any alarm system including any business that monitors
alarms.
"Alarm Subscriber": Any person who purchases, leases,
contracts for, or otherwise obtains an alarm system or
the servicing or maintenance of an alarm system.
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Ordinance No. 1071
Page 2
"Automatic Communication Device": Any electrical,
electronic or mechanical device capable of being
programmed to send a prerecorded��message, when activated,
over a telephone line or dedicated circuit to a central
station.
"Direct Alarm System": Alarm systems electronically or
otherwise connected directly to the emergency response
agency from the protected premises.
"Central Station": An office to which remote and
supervisory signaling circuits are connected, where
personnel are in attendance at all times to supervise the
circuits and investigate signals.
"False Alarms": An alarm necessitating response by the
Fire Department where an emergency situation does not
exist. This shall include mechanical failure, accidental
tripping, misoperation, malfunction, misuse or neglect of
an alarm system.
"Fire Department": The Orange County Fire Department.
Fire Department includes and also means the Emergency
Response Agency.
B. Alarm Systems, Standards and Regulations. All alarm
systems shall meet or exceed -the standards established by
the Fire Department including National Fire - Protection
Association codes 72A and 72C, and such other regulation
as may be adopted by the City Council of the City of
Tustin. All Alarm. systems, equipment, installations and
repairs and all .fire and other emergency drills shall
comply with rules and regulations promulgated by the
Emergency. Response Agency or the Fire Department
regulating the times and conditions under which such
installations, repairs, tests, or drills may be made.
All audible alarm systems shall, after activation, limit
the generation of the audible sound to maximum of f ifteen
(15) minutes when the system is protecting residential
premises, and thirty (30) minutes when an alarm is
protecting any other premises. This limitation shall be
incorporated into the equipment at the protected
premises. Said systems may include an automatic
resetting device causing the alarm system to rearm upon
automatic shut off.
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Ordinance No. 1071
Page 3
The Director or' designee of the Fire Department .may
exempt any alarm system'or kind or type.of alarm system
from. any or all of the requirements. of this section if in
his/her opinion such system does not create a substantial
danger of generating false alarms necessitating a
response by an Emergency Response .Agency or the Fire
Department.
C. Central Station Permit. All central stations or any
business which receives signals that an emergency exists
at a protected premises and transmits that information to
the Emergency Response Agency or the Fire Department
shall be required to obtain a permit for the Fire
Department which shall be renewed annually.
D. Automatic Communication Devices.
1. No automatic communication device shall be
programmed to the "911" emergency telephone line.
2. Direct alarm systems shall not be connected to any
Emergency Response Agency or the Fire Department
except with the express written permission of the
Emergency Response Agency or the Fire Department.
3. No person shall lease, maintain, install or use any
alarm system which automatically direct dials the
telephone number of the Fire Department-.
E. Responsibilities of- Alarm business and Alarm System
Subscriber or Users.
1. Each alarm business shall provide accurate and -
complete instructions to the alarm system user in
the proper use and operation of said system which
is provided to the user by that business or which
is monitored by that business. Specific emphasis
shall be place on the avoidance of false alarms.
2. The alarm subscriber or user shall maintain the
alarm system and equipment in proper working order
at all times.
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Ordinance No. 1071
Page 4
3. When an- alarm system has been activated for. an
alarm subscriber, the alarm business or central
.station shall arrange for'*representative to have
the ability to be present at the location of the
alarm within one (1) hour after being requested by
the Fire Department. The user of an alarm system
which is not connected to an alarm business or
central station shall designate a person to be
available to respond to the protected property
within one (1) hour after being requested by the
Fire Department.
F. Alarm Business, Central Station and False Alarm Service
Charges. In addition to such other fines or penalties
established by law, a false alarm service fee is hereby
imposed upon the residential occupants and/or commercial
owner(s) and/or operator(s) of the premises wherein a
false alarm was made and any central station owners and
operators who initiated the Fire Department's response to
such premises. The amount of each fee which shall be
charged to those who incur false alarm charges and/or
penalties and other miscellaneous charges relating to
alarm systems and businesses for services provided by the
Fire Department shall be separately adopted and amended
by a resolution of the City Council. The County of
Orange is hereby authorized to administer and take
collection and enforcement action as may be necessary on
such fees, charges and/or penalties.
G. Intentional False Alarms Penalties. No person shall
intentionally initiate a false alarm except for purposes
of testing an alarm system and then only if made in
accordance with the rules and regulations of the Fire
Department therefor and after having given the Emergency
Response Agency or the Fire Department prior notice
thereof. Any person who violates this section shall be
guilty of a misdemeanor and subject to punishment in
accordance with Section 5132 of this Code.
H. Tampering with or Damaging Alarm Systems. It shall be
unlawful and a misdemeanor, subject to punishment in
accordance with Section 5132 of this Code, for any person
to tamper with, render inoperative, or maliciously damage
any alarm system maintained for the purpose of sounding
or transmitting alarms excepting alarm systems undergoing
approved maintenance or repairs.
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Ordinance No. 1071
Page 5
I. violations and Enforcement. Any violations of this
section shall be an infraction; subject to punishment in
accordance with Section 5132- of this Code, unless
otherwise noted herein. The provisions of this section
may enforced by the City and the Fire Department.
Passed and adopted at a regular meeting of the Tustin City
Council held on the day of 1991.
CHARLES E. PUCKETT
Mayor
MARY E. WYNN
City Clerk
STATE OF -CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1071
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number. of the members of the City Council of
the City of Tustin is five; that the above and foregoing
Ordinance was duly and regularly introduced at a regular
meeting of the City Council held on the day of
1991 and passed and adopted at a regular meeting of
the City Council held on the day of 1991, by
the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk