FIRE ALARM ORDINANCE WHEREAS, this jurisdiction finds that a high incidence of False Fire Alarms and/or Nuisance Fire Alarms causes a significant misuse of the manpower and resources of the public safety agencies by causing the dispatch of emergency units to the scene of a Nuisance Fire Alarm or False Fire Alarm, which renders them out of service and unavailable to respond to legitimate emergency situations; and, WHEREAS, this jurisdiction finds that the continued high incidence of False Fire Alarms and/or Nuisance Fire Alarms are a threat to the health, safety and welfare of the citizens of the County of Polk; and, WHEREAS, this jurisdiction finds that the procedures and Fees for multiple False Fire Alarms and Nuisance Fire Alarms would serve the public health, safety and welfare. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF POLK SECTION 1. Purpose A. The purpose of this Ordinance is to encourage Owners and Alarm Businesses to properly use and maintain the operational effectiveness of Fire Alarm Systems in order to improve the reliability of Fire Alarm Systems and reduce or eliminate False Fire Alarms and Nuisance Fire Alarms. B. This Ordinance governs Fire Alarm Systems intended to summon fire personnel, and requires registration, assessment of fees for excessive False Fire Alarms and Nuisance Fire Alarms, provides procedures for repeat offenders, provides for the severability of the parts hereof if declared invalid, and provides an effective date. C. This Ordinance does not govern the individual homeowner installing his own fire alarm system. If once installed the fire alarm system becomes a monitor system as defined in this ordinance it will then be govern by this ordinance. SECTION 2. Definitions As used in this Ordinance, the following words and terms shall have the following meanings: A. Adopted Code(s) means code adopted by the jurisdiction and in the absence of adopted code, the National Fire Protection Association, National Fire Alarm Code 72 (NFPA 72) and the National Fire Protection Association Life Safety Code 101 (NFPA 101) and the Polk County Fire Prevention Ordinance. B. Alarm Business means 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 (including Runner Services) any Fire Alarm System. C. Alarm Initiating Device means a device that is designed to respond either manually or automatically to smoke, fire, or activation of a fire suppression system. D. Fire Alarm System means a system or portion of a combination system consisting of components and circuits arranged to monitor and/or exterior annunciate the status of an alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. E. Commercial concerning business, marketing F. Enforcement Official means the Fire Chief or their designated representative. G. False Fire Alarm means the activation of any Fire Alarm System which results in a response by a public safety agency and which is caused by the negligence or intentional misuse of the Fire Alarm System by the Owner, its employees, agents or any other activation of a Fire Alarm System not caused by heat, smoke or fire, exclusive of a Nuisance Fire Alarm. H. Fee means the assessment of a monetary charge payable to the County, Enforcement Official or jurisdiction authorized pursuant to this Ordinance, to defray the expenses of responding to a False Fire Alarm or Nuisance Fire Alarm. I. Fire Alarm Activation Report means 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. J. Monitored System means the process by which an Alarm Business receives signals from a Fire Alarm System and notifies emergency forces and/or an fire alarm system that once it is installed has the ability to notify emergency forces either through an alarm business or through dialing 911. K. Nuisance Fire Alarm means the activation of any Alarm System, which results in a response by the fire department, caused by mechanical failure, malfunction, improper installation, lack of proper maintenance or any other response for which the public service personnel are unable to determine the apparent cause of the alarm activation. L. Owner means 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. M. Premises mean any building, structure or combination of buildings and structures. N. Qualified Alarm Technician means any person who inspects, installs, repairs or performs maintenance on Alarm Systems. This person shall be: a) factory trained and certified; b) National Institute of Certification in Engineering Technologies (NICET) Fire Alarm Level II certified; or c) licensed or certified by state or local authority. O. Record of Completion means 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). P. Registration means the notification by an Owner to Polk County Communications Office that a Fire Alarm System has been installed and is in use. Q. Report of Service/Repair means appropriate documentation in a format acceptable to the Enforcement Official that verifies proper repairs or maintenance have been performed by both the Alarm Business and the Owner. R. Serve shall mean hand-delivery of written notification by a representative of the jurisdiction to the Owner or authorized representative who responded to the Premises. In the event the Owner or authorized representative fails to respond to the Premises within thirty (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. SECTION 3. Registration of Fire Alarm System A. A one-time Registration shall be required for Fire Alarm Systems and whenever a Record of Completion is prepared, in accordance with Adopted Codes. B. Upon receipt of a completed registration form a Fire Alarm Permit shall be issue. Fire Alarms operating prior to July 16, 2007 are required to have a permit within one hundred twenty (120) days from the effective date of the ordinance. 1. The Owner shall be assessed a fee of $100.00 if he fails to register an alarm system as set forth in this ordinance. C. The Owner shall be required to re-register whenever there is a change in the Alarm Business responsible for maintaining, servicing, and/or monitoring the Fire Alarm System. D. Registrations shall not be transferable from one Premise to another or from one Owner to another. E. Every Alarm Business shall notify the Polk County Communications Office of the existence of a Fire Alarm System prior to the Fire Alarm System being put into operation. It shall be the responsibility of the installing Alarm Business to provide the Owner with notice of the existence of this ordinance, a Registration form and a copy of the Fire Alarm System operation instructions in accordance with Adopted Codes, and the manufacturer’s instructions. F. The Registration form 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 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 (2) 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 30 minutes, and who are authorized to enter the Premises to ascertain the status thereof. 3. The name, address and telephone number of the 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. 4. The date the Registration is signed or the Fire Alarm System is placed in operation for any reason; and, 5. Any other documentation that is required by the Adopted Codes. G. When any of the information required in Section 3(F)(1), 3(F)(2), or 3(F)(3) has changed, it shall be reported to the Polk County Communications Office by the Owner within thirty (30) days of the Owner becoming aware of such change; H. The Owner shall complete and deliver the Alarm System Registration in the required format to the Polk County Communications Office before the Fire System is activated or placed into service. The Alarm Business, when authorized by the Owner, may assist the Owner in accomplishing this submission of the Fire Alarm Registration to the Polk County Communications Office. SECTION 4. Inspection, Testing and Maintenance A. The Owner shall ensure that all Fire Alarm Systems are inspected and tested at least once per year in accordance with Adopted Codes. B. The Owner shall ensure that all Fire Alarm Systems are periodically maintained per manufacturer specifications and Adopted Codes. SECTION 5. Fire Alarm Activation; Response A. The Owner shall be responsible for the activation of a Fire Alarm System. B. A response to the activation of a Fire Alarm System shall result when any officer or member of a public service agency is dispatched to the Premises where the Fire Alarm System has been activated. 1. At the time of response, the Enforcement Official shall notify any person identified in the Registration required pursuant to Section 3(F) (1-3) of the activation of the Fire Alarm System and shall require such person to respond to the Premises. 2. In the event the Fire Alarm System is a Monitored System, it is the responsibility of the company monitoring the Fire Alarm System to notify any person identified in the Registration at the request of the Enforcement Official. 3. In the event the household Fire Alarm System is a Monitored System, it is the responsibility of the Alarm Business to offer the owner the option to verify the Fire Alarm signal before dispatch, as allowed by Adopted Code. C. The officer or member of the public service agency who responded to said Premises shall serve the Owner or authorized representative with a Fire Alarm Activation Report. SECTION 6. Nuisance Fire Alarms A. In the event the activation of a Fire Alarm System is deemed by the Enforcement Official to be a Nuisance Fire Alarm, the Owner shall be served with an Fire Alarm Activation Report by an officer or member of the public service agency, indicating that the activation was deemed to be the result of a Nuisance Fire Alarm. SECTION 7. Service Fees A. The provisions of this Section shall not apply to any newly installed Fire Alarm System for a period of forty-five (45) days from the date of installation, but shall apply from and after the expiration of the initial forty-five (45) day period following installation. B. Should any Fee assessed pursuant to this Ordinance remain unpaid in excess of ninety (90) days from the date Fee is billed, shall give the county the right to levy a lien upon the land or the premises where the response arose and the levy shall be collected in the same manner as unpaid taxes pursuant to authority of North Carolina general Statue 153A-140 C. Fees should be paid according to established policy (See Appendix B-Service Fee Policy). D. False Fire Alarm 1. No fee shall be assessed for the first two (2) False Fire Alarms at the same Premises responded to by a public service agency each calendar year. Thereafter, the Owner shall pay the following Fees for False Fire Alarms responded to by the public service agency at the same Premises during each calendar year, except when the Alarm Business is responsible for the False Fire Alarm per Section 8(C)(2). 2. The Alarm Business shall be assessed a Fee of (See Appendix A – Service Fees) if an Enforcement Official determines that a False Fire Alarm was directly caused by an onsite employee or representative of the Alarm Business. In this event, no False Fire Alarm shall be counted against the Owner. 3. False Fire Alarms activated by any components connected to the Fire Alarm System shall be included in computing the total number of False Fire Alarms for purposes of this subsection. 4. The activation of an 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 Owner. 5. The following fees shall be assessed for False Fire Alarms: Number of False Fire Alarms Service Fee Per False Fire Alarm First to Second 0 Third $50.00 Fourth $100.00 Fifth and above Doubles each time E. Nuisance Fire Alarms a. The following fees shall be assessed when a Report of Service/Repair has been returned to the Enforcement Official, but the Nuisance Fire Alarms continue: Number of False Fire Alarms Service Fee First to Second 0 Third $50.00 Fourth $100.00 Fifth and above Doubles each time b. In the event the Premises are equipped with an Alarm System with over one hundred (100) Alarm Initiating Devices, the Enforcement Official may waive one Nuisance Fire Alarm per calendar year. SECTION 8. Remedies and Penalties A. The Enforcement Official shall have the authority to direct the Owner of the Premises to silence an activated Alarm System, have corrective action taken and thereafter reset it. B. Anyone convicted of falsifying reports as required under this Ordinance is subject to maximum penalty as established by state law. SECTION 9. Confidentiality Any information supplied to the Enforcement Official shall be held in confidence by all employees or representatives of the Enforcement Official and by any third-party administrator or employees of a third-part administrator with access to such information. SECTION 10. Appeal A. Any fire alarm user who has been assessed a penalty or whose application for a permit has been denied, or whose permit has been revoked under this ordinance may request in writing, a hearing with the Polk County Chief’s Association within ten days of the issuance of the penalty or denial. The Polk County Chief’s Association shall schedule a hearing on the matter within a reasonable time from the date the notice of appeal is filed. B. Failure to perfect an appeal within the time and in the manner provided for in this section shall constitute a waiver of the right to appeal. C. Appeal of decisions render by the Polk County Chief’s Association will be as allowed by North Carolina General Statue and North Carolina Case Law. SECTION 11. Government Immunity Registration 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. When registering a Fire Alarm System, the Owner acknowledges that the public service agency response may be based on factors such as: availability of fire department units, priority of calls, weather conditions, traffic conditions, emergency conditions, and staffing levels. The County, its officers, employees and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned Alarm System, those duties or responsibilities being solely those of the Owner of the Premises. SECTION 12. Severability The provisions of this Ordinance are severable. If a court determines a word, phrase, clause, sentence, paragraph, subsection, section, or other provision invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provision and the application of those provisions to other persons or circumstances are not affected by that decision. Section 13. Effective Date This ordinance shall take effect on the day of , 2007. Tommy Melton, Chairperson APPENDIX A: Service Fees Description Reference Cost Failure to register an Alarm 3(B)(1) $100.00 False Alarm caused by an On Site Alarm Company Employee 7(C)(2) $50.00 Service Fee – 1st Fire Alarm 7(C)(5) $0 Service Fee – 2nd Fire Alarm 7C)(5) $0 Service Fee – 3rd Fire Alarm 7C)(5) $50.00 Service Fee – 4th Fire Alarm 7C)(5) $100.00 Service Fee – 5th Fire Alarm 7C)(5) $200.00 Service Fee – 6th and Above Fire Alarm 7C)(5) Doubles each time Service Fee – 1st Nuisance Alarm 7D)(1) $0 Service Fee – 2nd Nuisance Alarm 7D)(1) $0 Service Fee – 3rd Nuisance Alarm 7D)(1) $50.00 Service Fee – 4th Nuisance Alarm 7D)(1) $100.00 Service Fee – 5th Nuisance Alarm 7D)(1) $200.00 Service Fee – 6th Nuisance Alarm 7D)(1) Doubles each time Registration Fee 3 $5.00 Re-Registration Fee 3 $5.00 Appendix B: Service Fee Policy POLK COUNTY FIRE ALARM ORDINANCE SERVICE FEE POLICY I. BACKGROUND/PURPOSE: This policy was written and implemented to establish appropriate guidelines for the efficient collection of service fees as established in the Polk County Fire Alarm Ordinance. II. POLICY It is the policy of Polk County that payment is due within thirty days of a fee being assessed. III. PROCEDURE: 1. The primary fire department responding to the fire alarm will be responsible for completing the ticket and assessing a fee. 2. If at the time of the respond the fee is unknown, this portion of the ticket will be left unchecked and the person completing the ticket shall write in the comment box “please contact the Polk County Communications Office for fee”. 3. The ticket may be left on scene with the occupants, and/or the owner, and/or the emergency contact. A signature will be collected from the person(s) accepting the ticket. 4. If there is no one on scene to accept the ticket, it will be sent by certified mail to the building owner. 5. A copy of the ticket will stay with the fire department completing the ticket. A third copy will be given to Polk County Communications. 6. All payments made by check, must be made out to the Fire Department assessing the fee (name of department will be at the bottom of the ticket). 7. All payments will be sent to Polk County Communications, Post Office Box 308, Columbus, NC, 28722. 8. Registration fees will be paid to Polk County Communications. 9. Fees paid for “Failure to register a Fire Alarm” will be paid to Polk County Communications. This fee will then be divided in the following matter: A. $50.00 or ˝ of the fee will go to the fire department responsible for primary coverage. B. $50.00 or ˝ of the fee will go to the Chief’s Association Fund. 10. Polk County Communications will be responsible for verifying fee assessed, collect of payment, distribution of payment to the proper fire department and collection action for unpaid fees and penalties. 11. Any fee unpaid in excess of ninety (90) days from the date Fee is billed, will be collected in the same manner as unpaid taxes (refer to Section 7. Service Fees of the Ordinance). 12. If will be the responsibility of the Polk County Board of Commissioners and the Polk County Fire Chiefs to make changes to this policy as needed.