Ordinances

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INDIAN RIVER COUNTY FIRE ALARM ORDINANCE

CHAPTER 301.  FALSE ALARMS

            Sec. 301.01.    Intent.

            Sec. 301.02.    Definitions.

            Sec. 301.03.    Notification required.

            Sec. 301.04.    Excessive false alarm declared a public nuisance.

            Sec. 301.05.    False alarm service charge; collection.

            Sec. 301.06.    Interference with fire department telephone

                        trunk lines prohibited; alarm business

                        central office required; identification required.

            Sec. 301.07.    Audible alarms.

            Sec. 301.08.    Enforcement through code enforcement board.

            Section 301.01.           Intent.

This article is intended to protect the health, safety, and welfare of the people of Indian River County by preventing the misuse of fire protection resources caused by, false alarms and telephone alarm devices, thereby allowing these resources to be accessible and available in the event they are truly needed by members of this community.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.02.           Definitions.

For the purpose of this chapter, whenever any of the following words or terms are used herein, they shall have the meanings ascribed to them in this section:

Alarm shall mean any device which is used in a building or premises for the detection of fire and smoke and which when activated emits a sound, signal, or message to alert others, whether emitted on or off the premises or to the central office of an alarm business.

Alarm business shall mean any person engaged in the licensed business of selling, leasing, monitoring, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm for any building, place, or premises.

Alarm user shall mean any person, business, institution or corporation using an alarm or occupying and controlling a premises or building, or portion of a premises or building, served by an alarm.

Class "A" alarms shall mean all those alarms activated by fire or smoke or in response to fire and includes alarms activated solely by an act of nature not contributed to by faulty design, maintenance, installation, or use.

False alarms shall mean all activated alarms, responded to by the fire department which do not qualify as class "A" alarms, including, but not limited to, alarms activated through inadvertence, neglect, accident, alarm testing, or faculty installation or maintenance.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.03.           Notification required.

1.         The alarm user shall notify the fire department of fire alarm in service and shall provide the following information:

a.         Name, address, and telephone number of the alarm user.

b.         Address and telephone number of the alarm user's premises or building to be served by the alarm.

c.         The name, address, and telephone number of the person or persons in charge of the premises or building serviced by the alarm.

d.         The name, address, and telephone number of the person or persons or entity installing the alarm.

e.         The name, address, and telephone of the person or entity monitoring the alarm.

f.          The name, address, and telephone number of the person or entity providing maintenance and repair service to the alarm.

g.         An agreement by the alarm user, binding the alarm user's heirs and successors in interest, to promptly pay or lawfully contest any penalties assessed against the alarm user for an excessive number of false alarms as described in this article.

2.         A permit to use said alarm shall be issued.

3.         An amended application shall be filed within ten (10) days after any change in the information provided in the application. Upon such amendment, a new alarm permit shall be issued.

4.         It shall be unlawful to install and operate an alarm without a permit.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.04.           Excessive false alarm declared a public nuisance.

The emission of more than three (3) false alarms within any six-month period of time is excessive and constitutes a serious nuisance, and is hereby declared to be unlawful and a violation of this article. No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm used by him, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any six-month period of time.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.05.           False alarm service charge; collection.

1.         For response by the fire department to excessive false alarms, the alarm user shall be charged a service fee by the county of one hundred dollars ($100.00) for the first alarm in excess of three (3) false alarms in any six-month period, two hundred dollars ($200.00) for the second false alarm in excess of three (3) in any six-month period, and three hundred dollars ($300.00) for the third and each successive additional false alarm in excess of three (3) in any six-month period.

The fire chief shall determine whether a false alarm has occurred and the frequency of such false alarms, and the county shall notify the alarm users of amounts owed to the county and shall make demand thereafter, pursuant to the provisions of this article.

2.         The county attorney may proceed by a suit in a court of competent jurisdiction to collect such charge after demand therefor has been made by the county and the payment thereof refused by the alarm user.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.06.           Interference with fire department telephone trunk lines prohibited; alarm business central office required;    identification required.

1.         No person shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the fire department or any other department or bureau of the county and then reproduces any prerecorded message to report any fire, or other emergency.

2.         No person shall provide a private alarm service system programmed to a central alarm reception office unless such central office is staffed at all times, twenty-four (24) hours a day, including holidays.

3.         Any staff member of a private alarm service system reporting an alarm activation to which a fire response is requested shall identify himself and state the name and telephone number of the alarm business by which such response is requested.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.07.           Audible alarms.

All alarms which may be heard in any public place shall be maintained to ensure proper functioning in the event of an emergency due to fire.

(Ord. No. 91-21, § 1, 5-14-91)

Section 301.08.           Enforcement through code enforcement board.

In addition to other methods of enforcing county ordinances, the fire department may initiate or cause to initiate action before the code enforcement board of the county to obtain compliance with this article and payment of service charges assessed by the county. The board shall have the authority to place a lien against the property served by a fire alarm in the amount of all assessed service charges.