91-94Excerpt from City Commission Meeting of December 13, 1994
Re: Public Hearing - Ordinance No. 91-94 (Alarm Systems)
10.A ORDINANCE NO. 91-94: An ordinance repealing Chapter
112, "Alarm Systems", of the City Code in its entirety, and
enacting a new Chapter 112, "Alarm Systems", to provide for the
regulation of alarm systems.
The City Attorney stated that three versions of the proposed
ordinance have been presented for consideration this evening.
They are: (1) an ordinance with no registration fee, but still
requiring that everyone sign up; (2) an ordinance with a reduced
fee of $10.00; and (3) an ordinance that requires people to
register after the first false alarm, with the registration fee
left at $25.00 at that time.
Mayor Lynch opened the public hearing. Speaking from the
audience were the following:
(1) Mr. Maury Burns. 2715 S.W. 6th Street. who stated that
he hoped the Commission would decide to adopt the version of the
proposed ordinance with no registration fee. In addition, Mr.
Burns objected to Section 112.21(B)(6) relative to emergency
notification (i.e., the requirement to provide the names,
addresses and telephone numbers of at least two persons or
entities who can be contacted at any time for notification
purposes, to arrive at the alarm site within 30 minutes after
receiving a request to do so, and to grant access to or enter the
premises and deactivate the alarm system). He felt that this
would impose a burden on anyone who has an alarm system, whether
hooked up to a service or not, by having to give your house key
to another individual such as a neighbor and also having to give
them your alarm number to deactivate as well as your personal
code number. Also, by having multiple contacts, he felt that
this could result in additional delays and paperwork for Police
personnel who respond in the event that the first contact cannot
be reached. Mr. Burns went on to state that it is sometimes
difficult to determine what set off an alarm and questioned who
would have the responsibility to decide whether an alarm was
"false" or not. He urged the Commission to consider these issues
before adopting any ordinance.
(2) Mr. Joe Camarodi. 764 Avocet Road. who stated that he
agreed with Mr. Burns in that he would not give his key or any of
his pass codes to his neighbors or any other individuals. As an
alternative to what is being proposed, he suggested an ordinance
to control the type of alarm systems which would be allowed, such
as the type that would shut itself off after a certain amount of
time, or would contact the owner or the Police Department. He
felt that this type of system would significantly reduce the
number of false alarms responded to, and would also reduce the
problems with alarms that continue to sound for long periods of
time without cutting off. Mr. Camarodi stated that he was not
opposed to the $25.00 registration fee, but he is opposed to
providing private information on his alarm system to other
individuals.
The public hearing was closed.
The City Manager stated that he had discussed with the
Police Department whether or not alarm systems help to catch
criminals and, in their view, they do not. However, they do act
as a deterrent and the Police Department does feel they are an
asset. The biggest problem they have is with substandard or low
quality systems.
The City Manager further stated that staff had done some
study on the cost of a registration system, and Community
Improvement feels the cost to them would be about $9.80, or say
$10.00, for setting up and administering a registration system.
Also, in researching the months of September, October and
November for burglar alarms, staff found that we had 1,271 false
alarms in that period. Of that number, 264 of them came from 50
individual properties. Twenty-six of them had four alarms; the
others had more, with one property having fifteen alarms within
the three month period. One property had five false alarms
within one day. This information is provided to give a feel for
the kind of problem we are dealing with.
For clarification, Mr. Ellingsworth asked if the $10.00 fee
would be the cost per registration? The City Manager stated the
Community Improvement Department would administer the
registration system. The fee would cover the cost of the
sticker, forms, staff time, mailings, and everything else
connected with it.
Discussion by the Commission followed.
Dr. Alperin emphasized that the purpose of the proposed
ordinance is not to punish anybody, but to stop the people who
are abusing the system and costing everybody else in the City
money by having Police and Fire personnel respond unnecessarily
to false alarm calls. Idealistically, he would like to say we
don't need any registration system; let's just fine those people
who violate it constantly. But then we have the Fire and the
Police Departments saying that we do need a registration system.
Mayor Lynch asked Eric Hightower, Police Legal Advisor, and
Mike Cato, Fire Marshal, for an explanation of the primary
purpose of the ordinance; why do we need an ordinance at all?
Mike Cato, Fire Marshal, responded that the City currently
has an ordinance in place. However, it has done nothing to
reduce the problem of false alarms and, in fact, the number of
false alarms has continued to increase over the years. The
purpose of registration is to identify specific information to
assist Police and/or Fire personnel who respond to an alarm and
no one is at the premises. If a response is made and no one is
at the premises, depending on the nature of the alarm, it may be
necessary to break into the property to determine if there is in
fact an emergency. For example, if a medical alert call is
received, staff doesn't know if there is a person inside who has
passed out and may be in danger of dying. There is no visible
sign outside, so it may be necessary to break into the premises
to determine if there is or is not an emergency.
On question from Mayor Lynch about medical alerts, Fire
Marshal Cato explained that there are no provisions in the
current code to require emergency notification information. Even
though the Fire Department doesn't have medical alerts coming
directly to it, the companies that dispatch the Fire Department
in these cases sometimes are as far away as New Jersey and the
Fire Department has no way of knowing what information they have,
if any. In some cases, direction has been received as to where a
key is located, but no direction has been provided for a contact
to assist in gaining access to a premises. If the City has
emergency notification information on file, when the call comes
in, dispatch can notify someone designated on the registration to
help emergency personnel gain access. This is the purpose of the
registration; to provide assistance for gaining access to the
property when it is needed. Also, the ordinance addresses the
issue of the automatic shut-off after 30 minutes, but for systems
which are not in compliance and the alarm continues to sound all
night long, the registration would provide a means for the City
to ask someone to respond to silence the alarm.
In response to further question from Mayor Lynch, Eric
Hightower, Police Legal Advisor, stated that if an alarm is
responded to and evidence of a crime is apparent (such as a
broken window or a door broken open), it would be viewed as a
possible crime scene and investigated as a possible burglary.
If an officer responds to an alarm and, after d~ing a perimeter
check, finds nothing but the alarm is ringing, then he would call
dispatch who would then contact the emergency notification. But
the first thing that would be done in any event would be a cheek
of the premises because there is no way to know if an alarm is
false or not until the area has been examined.
Mrs. Smith stated that the City's primary concern seems to
be with the false alarm situation; that is, when an alarm goes
off, a Police officer or the Fire Department responds and there
does not appear to be a crime or an emergency, so the system has
probably malfunctioned. She would favor going with the option
that requires registration after the first false alarm because
that means the system is not working correctly. Mrs. Smith then
asked how it is determined whether a call is for a medical
emergency?
Fire Marshal Cato responded that if it is a monitored alarm,
the monitoring company will indicate to the Fire Department when
it calls the type of signal they have received, whether it is
medical or otherwise.
Mrs. Smith stated she felt it could be very important to
have emergency information available for medical alerts, but to
require this type of information for every single alarm in the
City could be burdensome.
Fire Marshal Cato stated the Police and Fire Departments
support the third option which is to require registration of
alarm systems after the first false alarm, with one minor change.
That option includes a renewal process and staff would recommend
that we not do any renewal at all. The ordinance requires a
system owner to notify the City of any changes to the information
on file.
Mayor Lynch asked about the length of time an alarm can ring
before shutting off? Fire Marshal Cato referred to Section
112.04(B) which prohibits audible security/burglar alarm systems
which do not automatically deactivate within 30 minutes.
Mayor Lynch stated that most alarm companies recommend three
to five minutes for automatic shut off, and asked if the 30
minutes could be reduced to something more reasonable, like ten
or fifteen minutes. Mrs. Smith concurred, stating that the alarm
companies she had talked with all told her fifteen minutes or
less.
With respect to the requirement to have at least two parties
available to come to a premises within a certain period of time
(Section 112.21(6) and Section 112.22), Mayor Lynch clarified
that if there is an automatic shut off this would not be
required. Fire Marshal Cato stated these provisions would only
apply to systems not working properly or not having the automatic
shut off.
At this point, the City Attorney stated that the ordinance
is on tonight's agenda for second reading. However, in view of
the numerous changes which have been made over the course of
discussion, Ms. Ruby recommended that Ordinance No. 91-94 before
the Commission this evening be denied, and that a cleanly drafted
ordinance with all of the changes incorporated be brought back
for first reading in January.
Further discussion followed on the intent of the ordinance
being to penalize the habitual abuser and not the alarm system
owner who has one or two false alarms. The City Manager pointed
out that all a first false alarm case would require is
registration of the system, the cost of which can be $25.00 or
whatever the City Commission chooses it to be. Staff would be
satisfied with $10.00.
On question from Mayor Lynch, the City Manager stated that
we can allow people to register voluntarily and we can register
new systems as they are installed which is part of the building
permit process. Mayor Lynch clarified that if he chose to
pre-register his alarm system and then he had a false alarm,
there would be no charge to register because it was already done.
So there would be an incentive to pre-register.
The City Attorney clarified that the intent is to not charge
a fee for alarm system owners who choose to voluntarily register
their systems, nor charge an extra fee for registration of
systems as part of the permit process. The only fee that would
be charged would be for those who have had their first false
alarm and have never registered.
It was the consensus of the Commission to support the
ordinance as modified by this discussion (i.e., essentially
option #3 which requires registration after the first false
alarm, but allows the opportunity to pre-register with no fee as
well as registration through the permit process at no additional
cost).
Mrs. Smith moved to deny Ordinance No. 91-94 on second and
final reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
Mayor Lynch stated the alarm systems ordinance will be
modified and brought back in January for reconsideration.
CITY DF I]ELRAY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: December 7, 1994
SUBJECT: Alarm Ordinance Revisions
Enclosed for your review are three (3) variations of the original
ordinance. They are as follows:
1. An ordinance with no registration fee;
2. An ordinance with a reduced fee of $10.00;
3. An ordinance that requires people to register after the
first false alarm. The fee is left at $25.00.
The changes made in the ordinance are in Sections 112.20(A) and
112.21(A).
Also in each ordinance we have added the changes requested of Del-
Air. They can be found in Sections 122.20(F) and 112.21(A).
If you feel further changes are needed, please contact me at your
earliest convience so the changes can be made by December 9, 1994.
EDH: lbg F, /¢`
c: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Allison MacGregor, City Clerk
Mike Cato, Division Chief
Tina Lunsford, System Manager
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
crrY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CItAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SItORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
2
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period from
October 1st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REQUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regnlation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes aider activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REQUIRED; FEE; TERM OF
REGISTRATION; NONTRANSFERABLE.
(A) (1) Upon the emission of one (1) false alarm, the alarm user
shall be required to obtain a valid alarm registration.
(2) A person required to obtain a valid alarm registration shall
be issued a notice of violation and that person shall have ten (10) days from the date of the
notice of violation to make application for the registration. If application for an alarm
registration is not made within ten (10) days of the notice of violation, the person shall be
in violation of this section and shall result in a late charge of fifty dollars ($50.00) or an
appearance before the Code Enforcement Board.
(B) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form. A person with an installed alarm
system without a renewal registration from the city shall be issued a notice of violation and
that person shall have ten (10) days from the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
not made within ten (10) days of the notice of violation, the person shall be in violation of
this section and shall result in a late charge of ~ dollars ($50.00) or an appearance
before the Code Enforcement Board.
(C) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(D) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shah require a new registration application.
(E) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shah pay one registration fee for the entire subdivision. The alarm
registration shah be purchased by the subdivision's condominium or homeowner's
association and the application shah be in the name of the association only. All
4
responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with
the association purchasing the alarm registration.
Section 112,21 APPLICATION FOR ALARM REGISTRATION; REPORTING
CHANGES TO REQUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Neighborhood subdivisions referred to in Section 112.20(E)
shall comply with subsections 03)(2) and (4) and shall provide only one emergency
contact for the purpose of complying with subsection 03)(6).
03) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different from the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
Co) To arrive at the alarm site within thirty (30) minutes
aider receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection 03) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES~ RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessa~ access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION; DECAL REOUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application.
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fii~een (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. At~er taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mall.
Section 112.25 FALSE ALARMS PROItlBITED; EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notif3dng the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Penalty, see Section 112.99
Section 112.26 RESPONSE TO ALARM; ALARM USER RESPONSIBILITY;
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes at~er being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of ServiceJRepair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said thirty
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event ora required Fire Alarm System per
F.S. 633.0250).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE~ FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
FitCh ......................................... 100.00
Sixth ......................................... 150.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City of Dekay Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes aider being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fn~een (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee a~rms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alarm system, aRer the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days from the date of the activation
of that alarm system, but shall apply from and aider the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.2103)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
10
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereat~er reset same.
Section 112.5;~ LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That ali ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective January 1, 1995 after
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTEK 112~ "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE
CITY OF DELRAY BEACH; PROVIDING A GENEKAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene ora false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Dekay Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such system, s.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECItNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating .that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period from
October 1 st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REQUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROItlBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shah be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REQUIRED~ FEEl TERM OF
REGISTRATION~ NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shaH be
required to have a separate installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration from
the city shall be issued a notice of violation and that person shall have ten (10) days from
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form. A person with an installed alarm
system without a renewal registration from the city shah be issued a notice of violation and
that person shall have ten (10) days from the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
not made within ten (10) days of the notice of violation, the person shah be in violation of
this section and shall result in a late charge of fffiy dollars ($50.00) or an appearance
before the Code Enforcement Board.
(C) Applicants having more than one alarm system protecting two or
more separate structures shah be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(D) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application.
(E) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shall pay one registration fee for the entire subdivision. The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association and the application shall be in the name of the association only. All
responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with
the association purchasing the alarm registration.
Section 112.21 APPLICATION FOR ALARM REGISTRATION; REPORTING
CHANGES TO REOUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Neighborhood subdivisions referred to in Section 112.20(E)
shall comply with subsections (]5)(2) and (4) and shall provide only one emergency
contact for the purpose of complying with subsection (]5)(6).
(B) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different from the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
5
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES~ RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application.
(B) The Chief Building Offidal or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
6
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fffieen (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a heating within a
reasonable time of receipt of the written request. Af~er taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the ~/pplicant by regular mail.
Section 112.25 FALSE ALARMS PROltFllITED~ EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
03) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Penalty, see Section 112.99
Section 112.26 RESPONSE TO ALARM~ ALARM USER RESPONSIBILITY~
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fke department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
03) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes at~er being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fke Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of Service/Repair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
7
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said thirty
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event ora required Fire Alarm System per
F.S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE~ FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
Fifth ......................................... 100.00
Sixth ......................................... 150.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City of Delray Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty 00) minutes af~er being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
03) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fffieen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement offidal to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shah be made within fffieen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shah review the facts and circumstances and shah
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shah notify the alarm user of the derision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shah have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shah suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
9
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the catise of the false alarms or alarm malfunctions has been
remedied. The enforcement official shall have the fight to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alarm system, after the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days from the date of the activation
of that alarm system, but shall apply from and at~er the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.2103)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT TItROUGIt CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
10
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof; any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective January 1, 1995 after
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading
11
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION''. A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiting urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof~ where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time aider the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period from
October 1st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REQUIRED OPERATIVE ALARM SYSTEM'*. An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes a~er activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration aider a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modi~ng any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shah control.
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REQUIRED; FEE; TERM OF
REGISTRATION; NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shall be
required to have a separate installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration from
the city shall be issued a notice of violation and that person shall have ten (10) days from
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) A registration fee often dollars ($10.00) shall be charged the alarm
user by the city for each alarm registration issued. The registration fee shall not be
prorated based upon when, during the registration period, the alarm registration
application is made or the fee is paid.
(C) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued aider completion of an application form. A person with an installed alarm
system without a renewal registration from the city shall be issued a notice of violation and
that person shall have ten (10) days from the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
not made within ten (10) days of the notice of violation, the person shall be in violation of
this section and shall result in a late charge of fifty dollars ($50.00) or an appearance
before the Code Enforcement Board.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application and a
fee often dollars ($10.00).
(F) Neighborhood subdivisions that have an internal fire and/or burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shall pay one registration fee for the entire subdivision. The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association and the application shall be in the name of the asssociation. All responsibilities
for fees, maintenance and duties as contained in this ordinance shall lie with the
association purchasing the alarm registration.
Section 112.21 APPLICATION FOR ALARM REGISTRATION; REPORTING
CHANGES TO REQUIRED INFO~TION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
ten dollars ($10.00). Neighborhood subdivisions referred to in Section 112.20(F) shall to
comply with subsection (B)(2) and (4) and shall provide only one emergency contact for
the purpose of complying with subsection (B)(6).
(B) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different from the property to be senticed.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shah result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES~ RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.2:t ISSUANCE OF ALARM REGISTRATION~ DECAL REQUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $10.00 registration fee.
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
6
(3) If the equipment is found to be h~e~or and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. ARer taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affLrm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED~ EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Penalty, see Section 112.99
Section 112.26 RESPONSE TO ALARM~ ALARM USER RESPONSIBILITY~
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) ARer responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation ReportL
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report~ indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affldavit of Service/Repair~ within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said thirty
day period which is satisfactopy to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event ora required Fire Alarm System per
F.S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE A~RMS
DECLARED A PUBLIC NUISANCE~ FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shah be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shah be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
Fifth ......................................... 100.00
Sixth ......................................... 150.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shah be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shah be assessed and shah be payable by the
alarm user in addition to the original fee. The alarm user shah also be responsible for any
legal fees or costs incurred by the City of Delray Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes after being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fffieen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee ~ed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNI~CTION OF ALARM SYSTI~MS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alarm system, aRer the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLI~I) ALARM SYSTI~MS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days bom the date of the activation
of that alarm system, but shall apply from and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.21(B)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCI~MENT
Section 112.50 NONCOMPLIANCI~ WITIt PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT TItROUGI~ CODE I~NFORCEMI~NT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTI~M OPERATIONS.
10
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.S3 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.S4 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective January 1, 1995 after
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11
REGULAR COMMISSION MEETING
10. Public Hearinqs:
10.G. ORDINANCE NO. 91-94: An ordinance repealing Chapter
112, I~~----~. --~ii~', of the City Code in its entirety, and
enacting a new Chapter 112, "Alarm Systems", to provide for the
regulation of alarm systems.
Mayor Lynch opened the floor for public comment.
Jean Beer, Tropic Boulevard, is concerned with the
$25.00 registration fee. She suggested since some residents are
already wired into a central system, would it not be simpler for
the City to go to each of these security systems and ask them for
a list of their Delray customers?
Mayor Lynch stated this cannot be done because the
information is confidential.
Mrs. Beer feels to charge everyone $25.00 for the
privilege of registering an alarm is an unnecessary fee. She
stated a lot of people may not register their systems because of
the fee and feels the City is only going to find people when
there is a problem with their systems.
Mayor Lynch stated, Mrs. Beer has a good point and
asked if anyone has come up with a theory for those people who do
not register.
The City Manager stated, as Mrs. Beer indicated, eventu-
ally if they have a problem the City will become aware of their
systems.
Joe Camarodi, Tropic Palms, previously had a transmit-
ter system that was constantly failing. He decided it was such
an inconvenience to the police department he replaced the entire
system for $2,000.00, with a central system and pays a monthly
charge. He stated that in one area of the County alarm systems
are wired directly into the Sheriff's Department and they do not
allow outside alarms. He also stated they charge a monthly fee
for this service.
Mayor Lynch stated at one time systems were wired
directly to our police department but this caused too many com-
plications with liability, etc.
Mr. Camarodi feels people realize the police department
cannot handle everything and be everywhere at the same time so
this is why residents elect to have a security system. He does
not feel the City should be penalizing them by charging a fee if
he cannot get to his house in time to disarm his alarm.
The City Attorney stated generally a lot of times alarm
companies have difficulty contacting people and then they end up
having to go through the police department. She stated it is not
unusual because false alarms occur quite frequently.
Mayor Lynch stated the City is trying to get people to
maintain their own alarms and feels although certain people
abuse, the City has no way to correct this without putting an
ordinance into effect. He stated he feels it is owed to the
citizens of Delray to correct this problem.
Ed Russlck, 2620 Devon Court, Andover, agrees police
time on false alarms is a waste of time and money, however, he
feels since the burglary situation is not improving people will
be relying on their alarms more than ever. He stated anything
that is done to make people not use their alarms aides the crimi-
nals and feels the City should take this into consideration.
Mr. Russick stated he has no problem with the initial
fee, however, he needs clarification on three false alarms per
year. He feels it is difficult to provide any preventive mainte-
nance on an alarm system because components will fail and he
disagrees with the maximum false alarms allowed per year.
Secondly, Mr. Russick stated he does not logically
understand the allowable response time after an alarm goes off
and feels this is an extremely harsh solution.
Murray Burns, Woodlake, feels it is outrageous for the
City to expect that they would not get more than three false
alarms from someone over a period of one year, and stated it does
not logically make sense to charge a fee for someone who is
trying to protect their family and property.
S.T. Barnes, 250 Davis Road, stated he does not agree
with the alarm fee schedule either and feels the City could
possibly have the alarm companies upgrade those particular alarm
systems causing the problems.
The public hearing was closed.
The City Attorney stated she distributed a letter
received from Del Aire. She had a conversion with Mr. Bill
Swartz who requested certain language changes to page five,
subparagraph "F", of the Ordinance to make it clear that the
application would be in the name of the association for the one
exception in paragraph "F" Mayor Lynch asked the City Attorney
if this would be true for any community who has their own guard
service. The City Attorney stated this is true for any communi-
ty/assoication that has their own internal guard system.
The City Manager stated they would not only have a
guard at the gate but the entire alarm systems throughout the
community, therefore their personnel would respond to the alarm
and not the City.
The City Attorney stated the language in Section
112.21A would be amended to add that this permit would be held in
the name of the association. Mr. Swartz and the City Attorney
agreed to the following language subject to Commission approval
at the end of subparagraph "A": "Applications for registration
submitted for neighborhood subdivisions referred to in Section
112.20F shall have to comply with Subsection B2 only and shall
provide only one emergency contact for notification purposes
pursuant to Subsection B6"
Mayor Lynch asked the City Manager if an analysis of
the false alarms has been completed. The City Manager stated the
City had 9,938 burglar alarms last fiscal year; 2,374 were acci-
dental trips; 6,399 were system malfunctions, along with other
categories some of which were also false alarms. He stated the
Fire Department received 551 false alarms. He also stated proba-
bly 20% of the systems are generating 80% for the false alarms by
addressing this problem the City can spend its time much more
productively.
Mayor Lynch stated he is not opposed to that, however,
he is opposed to the registration fee because he feels people
will not register. Secondly, he stated he feels the alarms are
an asset to the City because they help to catch criminals even if
the false alarms are a nuisance. He feels for the 80% of people
who use the alarms and maintain them properly, he considers the
alarms an asset. He stated on the other hand for the 20% of
people who have abused it, the City is doing something that
actually could be detrimental to encouraging other people to
use their alarm systems.
The City Manager disagreed with Mayor Lynch. The City
Manager feels it would be interesting to speak with the police
department personnel about how many people are really caught. He
stated the alarms probably prevent more burglaries than catching
burglars.
Eric Hightower, Assistant City Attorney/Police Legal
Advisor, stated the City of Boca was considering proposing a
$50.00 registration fee and an additional fee to cover their
administration costs.
Dr. Alperin, stated he has several concerns about the
alarm systems and the fee. He feels people are misinterpreting
this Ordinance No. 91-94.
Mrs. Smith feels the three false alarms over a period
of one year should be doubled for a period of twelve months.
Mr. Randolph stated perhaps those citizens who already
have alarm systems should not be responsible for the $25.00
registration application fee. However, he feels comfortable with
the rest of the Ordinance.
Mr. Ellingsworth asked the City Attorney if a condomin-
ium has twenty buildings and each building has a separate exteri-
or system, is the building going to be assessed within the entire
area for three alarms or within each building with three alarms?
The City Attorney stated it would be against each alarm system
which has the registration.
Dr. Alperin asked staff what the estimated cost would
be to set up this system and issue all the registrations. The
City Manager stated the estimate is around 10,000, however, the
estimate is only a guess.
Dr. Alperin inquired what the cost of establishing this
system of administering 10,000 properties would cost the City?
Mike Cato, Division Chief-FPB, stated there would be
extensive staff time. He stated the registration would also
include printing forms for registration, forms for alarm activa-
tion report for both police and fire, the decals issued for each
permit, and then the information would be entered into the CADD
system at the dispatch center. Mr. Cato stated there is a con-
siderable amount of staff time and actual paperwork involved in
the printing of the materials for each registration.
Dr. Alperin stated it would cost approximately
$250,000.00 to register 10,000 alarm systems and if we do not
charge for this service the taxpayers would pay instead of the
people who utilize this service.
Mayor Lynch asked why even register at all. He feels
whenever there are three false alarms then the City should bill
them. He indicated the penalties in Boca are very stiff, there-
fore when alarms go off they are charged and immediately have
them repaired. He said he would rather raise the fine. This
system seems to work very well.
The Mayor suggested that we charge stiffer fines, when
the people come in to pay these fines they be required to
register, that way the 80% who maintain their systems are not
penalized. City Manager indicated this was an interesting idea
and said he was willing to try this approach. Mayor Lynch
requested this ordinance be sent back to staff to evaluate the
idea that we only registrate people who are having problems.
Mr. Randolph thought the City should fine people after
one false alarm and register them when they pay their fine.
City Attorney wanted direction concerning Del Aire,
Mayor Lynch indicated we could have it that after only one false
alarm they be required to register.
Michael Cato indicated we maintain records at this time
when false alarms occur. The reason for having registrations is
to have information about the type of system and contact person,
etc. so when emergencies occur emergency personnel do not have to
wait to get that information.
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~'~ITY MANAGER
........ .----__--- ..... ~ j,~
SUBJECT: AGENDA ITEM ~ IO~ - MEETING OF u~m~ ~i'-~,~ ....
DATE: DECEMBER 2, 1994
This is second reading and public hearing for Ordinance No. 91-94
which amends the City Code by repealing the existing alarm systems
ordinance and enacting a new Chapter 112, "Alarm Systems", to
provide revised regulations and procedures for alarm systems.
At first reading on November 15, 1994, the Commission passed the
ordinance by unanimous vote. Since then it has been revised to
address the issue of internal alarm systems in neighborhood
subdivisions, as set forth at Section 112.20(F).
Recommend approval of Ordinance No. 91-94 on second and final
reading.
ref:agmemol9
" 'CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING
be held on the following proposed ordinances
at 7:00 P.M. on or at any continuation
of such meeting which is set by the Co sion), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider their adoption.
The proposed ordinances may be inspected at the Office of the City
Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, except holidays. Ail interested parties are invited to
attend and be heard with respect to the proposed ordinances.
ORDINANCE NO. 61-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND
PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL
APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; ~ROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY
RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 62-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
KNOWN AS THE LEE. PROPERTY, LOCATED WEST OF AND ADJACENT TO
KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1-A
(SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 63-94
AN ORDINANCN OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, R~ONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE LI (LIGHT INDUSTRIAL)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH
STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING
"ZONING DISTRICT MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 88-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW
DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING
CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO
(RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800
NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 93-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM
DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING
CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO
(RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201
GEORGE BUSH BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 94-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161
THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 112, ~ IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF
ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
- 2 -
ORDINANCE NO. 92-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR CORRECTIONS
IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PASSAGE
OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS
53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C), "EXCEPTIONS
TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 23, 1994 Alison MacGregor Harry
City Clerk
- 3 -
[ITY JIF DELIII:IY BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCityi~.~ .
1993
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager~1
SUBJECT: REVISED ALARM ORDINANCE
DATE: November 11, 1994
Attached is a revised version of o'er proposed new Alarm
Ordinance prepared by Eric Hightower. He has also included
copies of the Boynton Beach and the Boca Raton ordinances.
During the fiscal year just ended, the Fire Department received
551 false alarms. Our Police Department received 9,938 burglar
alarms. Of this number, 2,374 were accidental trips and 6,399
were system malfunctions. Handling these false alarms is
consuming a tremendous amount of staff time which needs to be
used more productively. The City's present Alarm Ordinance
imposes a fee of $25.00 for in excess of three false alarms i_~n
any one month. This provision in our code was brought forward
from the 1980 code, so it has been in effect probably for over
15 years. Obviously, the penalties are not severe enough to
deal with the problem, if they ever were. The Boca Raton
ordinance imposes penalties after two false alarms in any one
year. The Boynton Beach ordinance uses a threshold of three
per year, which is what we propose for Delray.
Our existing ordinance also requires the City Clerk's office to
do the actual billing. This has proven to be cumbersome and a
source of problems since the Clerk is unable to answer
questions from individuals billed for false alarms. They must
be referred to either the F~ re Department or the Police
Department. This ordinance also repeals provisions of our
existing code ~ which regulate alarm businesses. Alarm
businesses are now regulated by other 1-=vels of government and
regulation by the City is an ~dnnecessary duplication.
DTH: mld
At t achment
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
[lTV OF DELRII¥ BEIICH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 8, 1994
SUBJECT: Revised Alarm Ordinance
Pursuant to the City Commission comments, I have made revisions to
the Alarm Ordinance. The changes are as follows:
1. 112.20(C) - The renewal fee has been eliminated. Instead, a late
charge of $50.00 will be assessed if a person does not renew
within the time period allowed~ plus ten days after notice.
2. 112.27(B) - Six (6) false alarms will result in a $150.00 fee.
Seven (7) or more will be $200.00.
3. Section 4 - The effective date will be January 1, 1995.
Additionally, I have attached the City of Boca Raton and the City
of Boynton Beach ordinances. Regarding the Boynton Beach ordinance,
their fee for a permit is $30.00 without a renewal fee. Also, they do
not require yearly updates (Section 2.5-5). Section 2.5-8 states a
person listed by the property owner to respond must come to the sight
within one (1) hour or face a $50.00 fine. Section 2.5-13 states the
service fee schedule for false alarms. As you can tell the rate is
lower than ours.
The Boca Raton burglar ordinance only cites a $27.00 service fee
for each false alarm after two (2) under Section 9-33(1). There is no
fee for permits and no permit required for burglar alarms.
Under the Boca fire alarm ordinance, there is a $100.00 service
fee after two (2) false alarms. There is no fee for a fire alarm
permit.
SUBJECT: Revised Alarm Ordinance
November 8, 1994
Page 2
I have spoken to Police Legal Advisor Steve Melnick of Boca Raton
and he stated to me that Boca is revamping their alarm ordinances and
instituting a $50.00 permit fee. No other details as to charges is
presently available.
Please let me know at your earliest convenience any other changes
you wish to make in the ordinance if they are needed.
c: Fire Chief Rehr
[IT¥ JIF I]ELIIII¥-'""
CITY ATTORNEY'S OFFICE
POLICE LEGAL ADVISOR
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 30, 1994
SUBJECT: Alarm Ordinance Revision
Per your request, I have enclosed a revised alarm ordinance addressing
the issue of internal alarm systems in neighborhood subdivisions. I
have addressed this issue in Section 112.20(F) on page 5 of the
ordinance.
Please review and let me know if this meets your needs. From what Susan
Ruby told of your meeting, I believe this subsection will address your
concerns.
I have informed both Tina Lunsford and Michael Cato of this change and
they see no problem in this change.
Please feel free to contact me if I can be of further assistance in this
matter.
EDH: lbg ~ ~
C: Susan Ruby, City Attorney
Tina Lunsford, System Manager
Michael Cato, Chief
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, A_VIEWING TITLE ·
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE.
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of'this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which resUlts
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of 'proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry ,or other
activity requiring urgent attention, and which when activated emits a sound or trafismits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION PERIOD". On an annual basis, the period from
October 1st to the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REQUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to' directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REOUIRED~ FEE~ TERM OF
REGISTRATION~ NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shall be
required to have a separate installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration from
the city shall be issued a notice of violation and that person shall have ten (10) days from
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fit~y dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) A registration fee of twenty-five dollars ($25.00) shall be charged
the alarm user by the city for each alarm registration issued. The registration fee shall not
be prorated based upon when, during the registration period, the alarm registration
application is made or the fee is paid.
(C) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form. A person with an installed alarm
system without a renewal registration from the city shall be issued a notice of violation and
that person shall have ten (10) days from the date of the notice of violation to make
application for the renewal registration. If application for an alarm renewal registration is
not made within ten (10) days of the notice of violation, the person shall be in violation of
this section and shall result in a late charge of fifty dollars ($50.00) or an appearance
before the Code Enforcement Board.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registration is assigned shall require a new registration application and a
fee of twenty-five dollars ($25.00).
(F) Neighborhood subdivisions that have an internal fire and/or 'burglar
alarm system that is maintained and monitored by a private security company located
within the subdivision shall pay one registration fee for the entire subdivision. The alarm
registration shall be purchased by the subdivision's condominium or homeowner's
association. All responsibilities for fees, maintenance and duties as contained in this
ordinance shall lie with the association purchasing the alarm registration.
Section 112.21 APPLICATION FOR ALARM REGISTRATION{ REPORTING
CHANGES TO REQUIRED INFORMATION. ·
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
twenty-five dollars ($25.00).
(B) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
diff'erent fi.om the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the. alarm
business installing or maintaining the alarm system, if any.
(5) The date o£activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
at, er receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES, RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION~ DECAL REQUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $25.00 registration fee.
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additiof~al and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (15) calendar days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request'. A~er taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED~ EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Penalty, see Section 112.99
Section 112.26 RESPONSE TO ALARM~ ALARM USER RESPONSIBILITY;
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation l~epol-t".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of Service/P, epair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said thirty
day period which is satisfactory to the enforcement official will result in a disconnection
per Section 112.28 or enforcement action in the event of a required Fire Alarm System per
F.S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE~ FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
Fifth ......................................... 100.00
Sixth ......................................... 150.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be pa~yable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City of Delray Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes after being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section I12.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 10.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection of an alarm system, after the order to disconnect said system, a reconnection
fee offiRy dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order t9 disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days from the date of the activation
of that alarm system, but shall apply from and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.21(B)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE W/TH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fees assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
10
Section 112.52 ALARM SYSTEM OPERATIONS.
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and therea~er reset same.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That all ordinances or pans of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective January 1, 1995 at~er
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11
Chapter 2.5
ALARM SYSTEMS*
Sec. 2.5-1. Short title.
This chapter shall be known and cited as the "Burglar and Fire
Alarm Ordinance." (Ord. No. 88-36, § 1, 7-19-88)
Sec. 2.5-2. Definitions.
For the purpose of this chapter, whenever any of the following
words or terms are used herein, they shall have the mean!ngs
ascribed to them in this section:
Alarm: Any device which is used in a building or premises for
the detection of fire, unauthorized entry, burglary or any other
criminal acti~,ity, and which when activated emits a sound, sig-
nal or message to alert others, whether emitted on or off the
premises or to of an alarm business.
the
central
office
Alarm business: Any person engaged in the business of selling,
leasing, monitoring, maintaining, servicing, repairing, altering,
replacing, moving or installing any alarm for any building, place
or premises.
Alarm user: Any person using an alarm or occupying and con-
trolling a premises or building, or a portion of a premises or
building, served by an alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or
other sounding device that can be heard for fifty (50) feet or more
beyond the protected premises.
Class "A" alarms: All those alarms activated by illegal entry,
in response to criminal activity or fire and includes alarms acti-
vated solely by an act of nature not contributed to by faulty
design, maintenance, installation or use.
*Edilor'~ note--Ord. No. 88,36. §§ 1-16. adopted July 19. 1988, did not
speci(v manner o/' codification; hence, such provisions have been designated as
Ch ? ~. -'~ 2:5 I-2 5-16. by the editor
Supp. No. 61 257
§ 2.5-2 BOYNTON BEACH CODE
False alarms: All activated alarms, r~sponded to by the police
and]or fire department, which do not qualify as class "A" alarms,
including but not limited to alarms activated through inadver-
tence, neglect, accident, alarm testing, and faulty installation or
maintenance, and excessive vibrations or power fa/lure.
Government: Any direct agency of any federal, state, county, or
city government including schools and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm,
partnership, association, limited partnership, sole proprietorship,
corporation, apartment complex, condominium association, or any
business entity whatsoever.
Premises: Shall mean the building or structure and adjoining
property which is protected by and upon which is installed an
emergency alarm or alarm system. (Ord. No. $8-36, § 2, 7-19-88;
Ord. No. 90-43, § 1, 9-18-90)
Sec. 2.5-3. Alarm operating permit required.
No person shall have an alarm installed to be operational, or
use an existing alarm serving a premises, or a building, or portion
thereof, occupied or controlled by such person, unless an alarm
operating permit in the form of a decal has been issued here-
under, and is in force, authorizing the use of such alarm. Such
alarm operating permit shall constitute a regulatory license. For
any alarm existing prior to the effective date of this chapter an
alarm operating permit application shall be made within sixty
(60) days of the effective date hereof. A person with an installed
alarm system without a permit from the city shall be issued a
notice of violation and that person shall have ten (10) days from
the date of the notice of violation to m~be application for a permit.
If application for a permit is not made within ten (10) days of the
notice of violation the person shall be in violation of this section.
(Ord. No. 88-36, § 3, 7-19-88; Ord. No. 90-43, § 2, 9-18-90; Ord. No.
92-5, § ], 3-3-92; Ord. No. 94-29, .~ 1, 9-9-94!
Sec. 2.5-4. Application for permit.
(a) Application for an alarm operating permit for the operation of
an alarm system shall be made by a person having control over
Supp. No. 61 258
ALARM SYSTEMS § 2.5-4
the property on which the alarm system is to be operated. Such
application shall be made in writing to the building official on a
form designated by the city for that purpose. On such application,
the applicant shall set forth:
Supp. No. 6] 258.1
ALARM SYSTEMS ~ 2.5-4
(1) The name, address and telephone number of each person
in control of the property.
(2) The street address of the property on which the alarm
system is to be'or has been installed and.operated.
(3) Any business name used for the premises on which the
alarm system is to be installed and operated.
(4) Whether the alarm system or systems are or are not local
alarms End whether the alarm system or systems are de-
signed to give notice ora burglary, fire, hold-up or of other
type of emergency.
(5) The name of the person or alarm system business who will
install the .alarm system.
(6) The names and telephone numbers of two (2) persons which
are able to and have agreed as follows:
a. To receive notification of alarm activation at any time;
b. To arrive at the alarm site within one (1) hour after
receiving a request from a member of the communica-
tions Center, pOlice department or fire department to
do so; and
c. To grant access to the alarm site and to deactivate.the
alarm system if such becomes necessary; or
'"Th; name and telephone number-of an alarm system busi~
ness which is able and has agreed to provide as follows:
d..The n~mes of tw~ (2) persons listed.with that company
who are able to arrive within one (1) hour after re-
ceiving a request from a member of the communica-
~ ~ tions division, police department or f'rre department to
kto So; and to grant ~ccess to the alarm site' and to
deactivate the alarm system if necessary.
e. When necessary, the permit holder shall give the alarm
system business the name and telephone number of
another persoh who is able and is willing to perform
the above described duties so that at least two (2) per-
sons are listed with the alarm system business at all
times.
Supp. No. 47
259
§ 2.5-4 BOYNTON BEACH CODE
f. The person having control over the property has au-
tho~-~l the alarm system business to provide the names
listed with that business pursuant to subsections d
and e above to the police and/or fire department or the
communications center whenever that department(s) or
the communication~ center has requested that infor-
mation in order to obtain assistance after an alarm
has been activated..
Co) Immediately after receipt of the alarm operating permit
application, the building official or his designee, shall forward a
copy of the application to the communications division. (Ord. No.
8~36, § ~i 7-19-88; Ord. No. 91-6, § 1, 2-19-91)
Sec. 2.§-5. Term of permit; fee; nontr~n.~ferable.
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the
alarm user by the city for each alarm operating permit issu. ed,
defray the cost of regulation. Successive renewal fees shall not be
required of a residential or commercial permit holder except as
provided in sUbsection fo).
0o) Term and renewal. An alarm operating permit shall have
an indefinite term from date of issuance; provided however, the
term shall expire and the permit [shall be] deemed invalid with
any change in ownership of residential or commercial property to
which the permit is assigned. Compliance with subsections (1)
and (2) shall revalidate the alarm permit.
(I) An alarm permit holder is required to notify the city within
"seven (7) days of any change of alarm Imrrnit registration
information.
(2) Any change in ownership of residential or commercial prop-
erty to which an alarm permit is assigned shall require a
new registration application and a fee of thirty dollars
($30.00).
(c) Permit nontransferable. Any alarm operating permit issued
pursuant to this article shall not be transferable or assignable
and shall cover only one (1) building or premises or portion thereof.
(Ord. No. 88-36; § 5, 7-19-88; Ord. No. 90-43, § 3, 9-18-90; Ord. No.
90-59, § 1, 12-18-90)
Supp. No. 47 260
ALARM SYSTEMS § 2.5-8
Sec. 2.5-6. Issuance of alarm operating permit.
An alarm permit will be issued by the building official upon
receipt of said completed application, and the building official or
his designee may inspect the alarm equipment and planned in-
stallation and may require the submission of additional and spe-
cific information.
An alarm operating permit shall be denied if.'
(a) The requested information is not supplied on the applica-
tion or such additional information as required [is not fur-
nished.]
(b) Material information on the application is incorrect.
(c) Any person' or entity listed on the application under items
(a)(4), (5) and (6) of section 2.5-4 of this chapter does not
possess any required occupational or regulatory license to
conduct the activities required by said items (a)(4), (5) and
(6), unless the person or entity is the alarm user.
(d) If the equipment is found to be inferior and not capable of
proper performance. (Ord. No. 88-36, § 6, 7-19-88; Ord. No.
90-43, § 4, 9-18-90)
Sec. 2.5-7. Decal required.
Each alarm operating permit holder shall be issued an alarm
decal by the building official. Said decal shall be displayed at the
main entry or a conspicuous place visible at the front of the pre-
mises of all business, commercial establishments, and residential
premises, covered by said permit. (Ord. No. 88-36, § 7, 7-19-88;
Ord. No. 90-43, § 5, 9-18-90)
Sec. 2.§-8, Duties of property owner.
For the purpose of this chapter, both the owner and lessee of an
office or commercial premises shall be considered to be the owners
of the premises and shall be held jointly and severally responsible
for the registration of the alarm system and liable to the city for
all service fees charged for false alarms. The owner of an apart-
ment complex or multifamily residence is responsible for the reg-
/ Supp. No. 46 261
§ 2.5-8 BOYNTON BEACH CODE
istration of all alarm systems and shall be liable to the city for
service fees charged for false alarms.
The person in control of the property on which an alarm system
is installed shall:
(a) Ensure that any person listed with the city is able:
(1) To receive notification at any time;
(2) To come to the alarm site within one (1) hour after
receiving a request from a member of the police de-
partment, fire department or communications depart-
ment to do so; and
(3) To grant access to the alarm site and to deactivate the
alarm system if such becomes necessary.
(4) To inspect the alarm system after each activation to
ensure proper operation.
(b) Train ail persons who may activate the alarm system in
the proper operation of the alarm system.
(c) Failure to respond as provided shall result in a i'me of fifty
dollars ($50.00). The police department or fire department
shall indicate on their false alarm report the failure to
respond. The finance department shall be responsible for
assessing the fifty dollar ($50.00) fine.
(d) Notify the city within thirty (30) days of any changes of
information contained on the original application.
(e) Properly maintain the alarm system to ensure malfunc-
tions due to faulty maintenance will not occur. (Ord. No.
88-36, § 8, %19-88; Ord. No. 90-43, § 6, 9-18-90)
Sec. 2.5-9. Duty of person notified to provide access to pre- raises, render assistance.
Any person who is notified by any member of the communica-
tions division, police department or frre department of the acti-
vation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within one (1) hour of the
time such person fs notified of such activation and shall provide
the police and/or fire department any necessary access or assis-
tance. Failure to respond as provided shall be grounds for and
Supp. No. 46
262
ALARM SYSTEMS § 2.5-10
result in the city taking reasonable action to deactivate the alarm.
(Ord. No. 88-36, § 9, 7-19-88; Ord. No. 90-43, § 7, 9-18-90)
Sec. 2.5-10. Operation of system.
No person shall install, cause to be installed or permit to be
installed any alarm system unless the requirements of this sec-
tion are met.
(a) Any alarm system which may be 'activated as a result of
different types of emergency situations shall give a unique
signal to designate activation as a result of a hold-up, a
burglary, a i-~re, or any other different typ8 of emergency
situation so that the proper notification and proper re-
sponse can be made.
(b) Any local alarm system shall have a twenty-minute shutoff
and must not make a sound similar to that of a siren, an
emergency vehicle or a civil defense warning system. For
purposes of this subsection any alarm system which emits
any variable tone (as opposed to a steady pitch or a ringing
sound as is made by a bell) shall be considered to be emit-
ting a sound which is similar to that of a siren, an emer-
gency vehicle or a civil defense warning system.
(c) Any hold-up alarm shall be designed so that it may be
activated only by intentional and deliberate human action;
and any. owner found in violation of subsection (a), CO) or (c)
shall be fined fifty dollars ($50.00).
(d) The police department.or fire department shall indicate
any violation of subsection (a), Co) or (c) on the alarm report
and code enforcement division shall be responsible to take
the appropriate action by issuing a notice of violation of
this section. The owner of the alarm system will have ten
(10) days from the date of the notice of violation to correct
the violation. If the violation is not corrected within ten
(10) days, the owner shall be fined fifty dollars ($50.00).
Code enforcement shall notify the finance department to
mail the notice of fine (invoice) if the violation is not cor-
rected. If the fine is not paid within ten (10) days the alarm
owner will be in violation of section 2-17 of this chapter.
Supp. No. 48 263
~ 25-10 BOYNTON BEACH CODE
(e) The city may set reasonable standards and procedures to
be followed by any alarm system business or telephone
answering service when giving notice to the communica-
tions division o£ activation of an alarm system. Such stan-
dards and procedures shall be set out in writing and made
available to any alarm system business or telephone an-
swering service reque.~ting same. (Ord. No. 88-36, § 10,
7-19-88; Ord. No. 90-43, § 8, 9-18-90)
Sec. 2.5-11. False alarms prohibited; exceptions.
No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the
kind for which thc alum system was designed to give notice. The
owner or person responsible for testing a fire, burglary or emer-
gency alarm system shall be required to notify the communica-
tions division a minimum of one (1) hour prior to the alarm system
test. It shall then be an affirmative defense to prosecution under
this section that the alarm system sounded solely for the purpose
of testing the alarm, and the person who tested the alarm took
reasonable precautions to avoid any request being made to the
police department or fire department to respond to such alarm.
(Ord. No. 88-36, § 11, 7-19-88; Ord. No. 90-43, § 9, 9-18-90)
Sec. 2.5-12. Excessive false alarms declared a public nui-
sance; exceptions.
(a) The emission of more than three (3) false alarms within any
twelve-month period of time is excessive and constitutes a serious
nuisance, and is hereby declared to be unlawful and a violation of
this section. No person shall allow, permit, cause or fail to pre-
vent the emission, for any reason, by any alarm used by such
person, or any alarm serving a premises or a building occupied
and controlled by such person, of more than three (3) false alarms
within any twelve-month period of time.
(b) All new fire alarm systems shall be exempt from the appli-
cation o£ this section for the first three (3) months from the date
of initial installation.
(Ord. No. 88-36, '§ 12, 7-19-88; Ord. No. 89-6, § 1, 4-4-89; Ord. No.
90-43, § 10, 9-18-90; Ord. No. 91-64, § 2, 9-19-91)
Supp. No. 48
264
ALARM SYSTEMS § 2.5-14
Sec. 2.5-13. False alarm response service fee; collection.
For response to excessive false alarms by thc police department
or fire department, the alarm user shall be charged a service fee
by the City as follows:.
Four (4) false alarms in any twelve-month period $25.00
Five (5) false alarms in any twelve-month period 50.00
Six (6) false alarms in any twelve-month period.. 100.00
Each successive false alarm, after six (6), in any
twelve-month period ................... :... 100.00
The chief of police or his/her designee, shall determine whether
a false burglar alarm has occurred, and the fire chief, or his/her
designee, shall determine whether a false i'rre alarm has occurred
and the frequency of such false alarms. The city shall, notify alarm
users of amounts owed to the city and shall make demand therefor,
pursuant to the provisions of this section.
The city attorney may proceed by a suit in a court of competent
jurisdiction to collect said charge after demand therefor has been
made by the city and the payment thereof refused by the alarm
user. (Ord. No. 88-36, § 13, 7-19-88; Ord. No. 90-43, § 11, 9-18-90)
Sec. 2.5-14. Interference with city telephone trunk lines pro-
hibited; alarm business central office required;
identification required.
(a) No person shall use or cause to be used any telephone or
electronic device or attachment that automatically selects a pub-
lic primary telephone trunk line of the communications center,
police department, fire department or any other department or
bureau of the city, and then reproduces any prerecorded message
to report any burglary, unauthorized entry or other emergency.
Co) No person shall provide a private alarm service system
programmed to a central alarm reception office unless it shall
have the central office staffed at all times, twenty-four (24) hours
a day, including holidays.
(c) Any staff member of a private alarm service system report-
ing an alarm activation to which police department and/or fire
Supp. No. 61 265
§ 2.5-14 BOYNTON BEACH CODE
department 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. 88-36, § 14, 7-19~88)
Sec. 2.5-15. Audible alarms'.
All alarms which may be heard in any public place shall be
equipped and maintained to automatically cut off no longer than
twenty (20) minutes after being set off. (Ord. No. 88-36, § 15,
7-19-88; Ord. No. 91-64, § 3, 9-19-91)
Sec. 2.5-16. Enforcement through codes enforcement board.
The building official,' police chief, fire chief or their designees
may initiate action before the codes enforcement board of the city
to obtain compliance with this chapter and payment of service
charges assessed by the city pursuant to section 2.5-13. The board
shall have the authority to place a lien against the property Served
by a burglar and/or fire alarm in the amount of all assessed ser-
vice charges. (Ord. No. 88-36, § 16, 7-19-88; Ord. No. 90-43, § 12,
9-18:90; Ord. No. 92-5, § 2, 3-3-92; Ord. No. 93-29, § 2, 9-9-94)
Sec. 2.5-17. Service charge, fines; failure to .pay.
The owner of an alarm system in violation of a specified section
of this -chapter shall have ten (10) days from the date of the vio-
lation notice to pay the service charge and/or fine.
(a) If the owner f~iI~ to pay the service or fine within ten (I0)
days the city shall notify the owner or perSon in charge of
the alarm.system by cert~ed mai/that the payment is past
due in violation of this section and demand payment in
seven (7) days of the date of the notice of violation.
(b) If the owner or person in charge of the alarm system fa/Is
to pay the past due amount within seven (7) days, the city
attorney may proceed by a suit in a court of competent
jurisdiction to collect said unpaid service charges and]or
fines from an alarm system owner, and the city attorney
shall have the authority to place a lien against the prop-
erty served by a burglar and/or fire alarm in the amount of
all the assessed service charges and/or fines.
Supp. No. 61 266
ALARM SYSTEMS § 2.5-17
(c) The owner ct' the alarm system an~or premises the alarm
system serves shall be responsible for all costs incurred in
collecting the service fee including attorney's fees. (Ord.
No. 90-43, § 13, 9-18-90; Ord. No. 92-5, § 3, 3-3-92)
Supp, No. 61 267 IThe next page is 2871
NOU-03-1994 10:05 FROM CITY OF BO~'~TON TO 92437816 P.02
OFFENSES ' § 32
Sec, 9.31. Short title.
Th~ article ,--y be cited as the "Beea~. Baton Burglar Ala~. 0ix~inau~e."
(Code 1966, §
Sec. 962. Definitions,
Fc~ .the purpose of this article, the following w~rds, terms and phrase~ shall have'
"Alarm" shall mean any device or ~Ye~em of device~ designed and used-in.a.building
structure for ~h¢ d~t~.ium and alerting of other~ of unauthorized entry, or
which emits a sound, signal or message, when activated, excluding £~re alarms..
"A~arm business" shall mean any person engaged in the sale, leasing, installation,
tenance or service of alarm systems or wl~, in any mar~, causes the sale,
lation, maintenance ~r ~.rvice of alarm ~ygtgm~ in or on any Bullet'Ag
alarm business shall possess a burglar/fire alarm instaUation certificate of competency fro
the county. Au alarm Business shall also posse~s an occupational lice~ from the city.
"Alarm information notice" shall ~ a notice or decal posted in.a prominent.location
a ~uil~illg at which an alarm is opera~' which shall contain, at a minimum,· the n~.m,
address and telephone number of a company or indivic~ual to. whom the alarm user has
signed the responsibility to respond to alarms at the building for the purpose
~l~e al~n and ch~cking the prc,~cs.
"Alarm ~lser" shall mean any pers~ usirAg an alarm ....
"False alarm" shall mean ~he act~*e~ti~n of an alarm th~ou'gh mechanical, failure, ma
function, improper installation, the neg~nce 'of an alarm user, or any other cause whic
results m a response by the police when a situation requ~Hng a response by the poHcewherei
it is determined that no crim~ual activity or attempted criminal 'activity occurred at th
location of the response. It shah ba. prima fac-le evidence that no crir~inal actif~Aty
criminal activity occurred if no repo~ statingthat the alarm was the r~sult of criminal ac~ivi~
or attempted criminal ac~ivlby i~ filed by the police officer who responded to ~he alarm. '
(Cocle 196~, ~ 1§-§§; Ord. No. ~822, § ~,
· Cross references-Jurisdiction of the code enforcement .b. oard, § 2.9! et seq,; poli¢
NOV-O3-1994 18:86 FROM CITY OF BOCARATON TO 9243781G P.O~
See, 9-33. False alarms: administrative re, dew. , :,.: .. -. .: .
(il It is hereby foun.d and determined that false burglar alarms requiring the,police' o
respond constitute a pubhc nuisance. The alarm user sh~!l BO subject to a $27.00 service fee il r
each false alarm to which the pp~ce resl~....nd, in .excess'.,of.2, false, ~..~s in a fiscai year of tl e
· .. :. ;~ :..?"., ,. .* , .. ...i..,.,.
(2) The fa{lure to pay service fees a~$essed pursuant to this section .w~,'~_.~!~.3..0/.d~s.
wri~.ten ~v~ice from the city of ~]~e ~ml~O~.[t~on of tl~e fee shall result ~u a~ 'aan~'nal fee
$15.00 for each false ~1~.~ ~n .for ,which. a se .~.'ce ch .ar. l~e h.as ~een a~. ssed; pu~uan, t. to.th .s
section. In the event ~t' shat[ be~m~ necessary for the city to initiate litig~it, ion .or ~ncur m y
cost whatsoever in order to collect any delinquent fees pursuant to this section, the alarm us ~r
shall be liable for the payment of such costs, including the payment of attorney's fe .es.
(3) An alarm user may seek a review by the police chief of the determina~l(~n of t~ze' ~ffic
~esl~ondla. ~ to the alarm that a false alarm has. occurred. To obf..~,~ this review, a rePort writt~ n
By the alarm u=er or the a~.2~m ~]siness resPoasible for the ma~nte~.~ce of the alarm, set~
forth facts and ctrcumst~uces tending to show that the activation of the alarm was the res~
'of crin2nal activity or attempted cr,_'_m..~nal activity, shall be filed v~th the police cMef with n
5 business days of the date on w~ich the alarm Wa~ activated. If. the police chi~£ dete~'~in
that the facts and circum,~tances set forth in ~e report are valid, he shall then excuse
occurre.~.~., ~nc] the occurrence shall not constitute a false alarm for the purposes of t~ is
article. The police chief shall issue his w~-~tten detenuinat, ion witMn 10 working days of recei )t ......
of the repor~ from the alarm user or the alarm talsiness. Un~l such time as the police, chief h
macze .Ms-determination, the occurreace upon ~h~ch ~he ~el~or~ ~ ]~a~ec] shall Be co~i~Icr, :cZ ....
genuine and will not be considered a false ~!?-rn. "
(4) If au alarm u~er ~s ~issati~fiecl with the 8etermination ~nczo By the police chief ~ e.
~,,arding the act~vafJo~ of the alarm, the permit holder may seek a review by the code enfo~
merit bosrd by filing ~ w£[t~n reql~est for a. hearing before .the code enfOrCement board.wl
the city within 15 business days of the date of the determination by the police chief. The matt
shall be scheduled for the next availS. Ie board acencla, The board shall 8eterm{ae whether ~e
f~I~e ~!a_-m occurreS. IftBc Board cze~ne~ that the alarm wa~ a fal~e alarm, ~.~. ~]~rm u ar
shall Be assessed the service fee, plus the additional $15.00 fee,
(Ord. No. 3822, § 3(15-56), 1-23-90)
Sec. 9-34. Alarm infomation 33otice; failure to
(i). It i~ hereby found dud determined that the failure to display ~healarm ~nl'u~zn~tJ
notice defined ~ section 9-32 of this Code constitutes a public nuisance. The alarm user sh
be subject to a service fee of $27.00 for each occurrence in .~,.ce .~, of 2 in each fiscal year:
which the police del:~a-t"ment responds to a~ alarm at a Buil .d~ng m which, au alarm is ope: a-
tional, But no information notice is posted. This fee slu~l Be collect~d irrespective of whe~[ [er
the ~ to wl~ch the l~olice depa~ment re$l~onclcd ~v~ n fal~ alarm, If the alarm to wt~
the police del~a~-;z~ent responded was a false alarm, this fee shall Be in additio~ to the ser~..ce
fee .imposed pursuant to section 9-83.
'636
NOV-03-1994 10:0G FROM CITY OF BOCA~N TO 92437816 P.04
'~ .... '~ MISCEL~OUS OFFENSES § 9 37
(2) The failure to pay service fees ass~sed pursuant to this section within 30 day~ of
written notice from the city of the imposition of the fee zhall result in an additional fei of
$15.00 for each occurrence~for which a..service charge has been assessed. In the event it shall
beck, me nec~auu-y for the city to initia~ litl~,~bion or incur any ~o~t whatsoever in orde~ to
collect any delinquent fees pursuant to this section, the alarm user $haI1 be liable for ;he
payment of such costs, including the payment of attorney's fees.
(Ord. No. 3822, § 4(15-57), 1.23-90)
Sea. 9.35. Prohibitions.
(1) Audible alarms which do not deactivate within 30 minutes after ~ctivation are ro-
hibited.
(2) Alarms which automatically diatthe l~olice department over lines exclusively use by
the public or request emergency servic~ and information are prohlh, ited.
(3) Alarms which do not have an auxiliary power supply which activates in the even' of
a power failure or electrical outage are prohibited.
(~ode 1966, if 15-66)
Sec. 9-36. Pen~ties.
The violation of any provision of this ~-,ticle zhall be punishable, in addition to he
provisions set forth herein, as prescribed in Section 1.16.
(Code 1966, § 15-67)
Sec. 9-.~7. Limitation o£1iability.
Neither the city manor nor the city o~' any of its officers and agentz Shall. be under I ny
chligation or .duty to an alarm user or to any other l~er~n hereunder by reason of this arti :le.
The city manager specifically discl.,im,, liability for any damages which may be caused by
failure to respond to an alarm.
(Gode 1966, §
[Tho n~t page ia ~ ~1]
637
FROM:BOCA RATON FIRE RESCUE TO: 40? 243 7461 NOV 2, 1994 10:41AM ~478 P.82
~ 7.4] BOCA I~TON CODE
display sh~l bo handled by a compc~nt operator and shall be of such composition and char,
acer and.~hall be so lo~d, d~chargcd or fired in a manner not ~ be ha~rdous ~ property
or endear any ~on. ~r the issuance of such a permit, sales, pos~ssion, use and dist~i.
bution of firewor~ within the cit~ for such display sh~ ~ lawful for tha~ purpose only2 No
permit ~d hereunder ~h~l be transfcrable.
(4) A bond ,h~ be required from ~c appH~nt in a sum not l~s th~ $I,000.00 condi-
tioned on ~mpllan~ with tho pmvisions of thig section and the re~la[ions of tho city fire
chief adop~d he.under.
(5) Before thc i~um~ce of a ~rmit for a display of firework, [he appH~[ shah furnish
proof of Creedal ~spo~ibiliW ~ sat~fy claims for damag~ ~ p~ or ~rsonal i~uries
ads~ out of~ a~ or~m~slon~n'~e pa~ of the uppHm~ or '~y.~ont or gmploy~ the~fr .......
in such amount, ~a~i.~d form'is the ~ty"fire clfief de~rmin~ ~ be n~s~ for-the
pwtoction.o~ tho public.
(fl) No permit sh~ be issued under tho provhions of this ~tion to ~ appli~nt not
having ~ ~blish~ pla~ of busine~ within the.sm~ for wnduct of a displ~ of firewor~
until the appH~[ has fulfffied.tho legal mquiremen~ for se~ of ps,ess upon the person
or entity ~ee~ng a permit. In the ~e of ~ ~rpora~ion, proof of re~strat[on ~th the secre~
of s~ as u ~,onr~ident ~oration shEl ~ requkdd.
(7) The ci~hro.&iefor, thechiei~H~haHzeiz~_~e, ~m~ or ~use W be removed
. · ~?..;.-
a~ fl~e ex, nsc ofthe o~er ~ s~c~ off~eworks sWred or held in ~ola[ion oft~s s~ion, and
sh~l ~,pom of the firework' in the manner deemed safe by 'the city fi~ chief when the ,'~.
. . ~:::.;.,: ·
fireworks ~ no-longer mquk~
(8) ~ly per,on or en~ty ~oldting the provisions of this z~tion'sh~ bo punishable
p~vlded in section 1-16.
(Code 1966, ~ 11-38)
Sees. 7.42-7-60. ~se~ed.
ARTICLE II1. FIRE ALARMS*
Sec. 7-61. Short tltlc.
This article may bc cited as "The Boca Raton Fire Alarm Ordinance."
(Code '1966, § 11-39)
Sec, '7-62. Definitions.
For the purpose of this article, the following words, terms and phrases shall have the
meanings given in this section, unless tim context clearly indicates otherwise:.
"Alarm business" shall mcan any person engaged in the sale, leasing, installation, main-
tcnance or service of alarm systems or who in any manner causes the sale, leasing, installa-
tion, maintenance or service of alarm systems in Or on any building, structure or facility or a
*Cross references-Miscellaneous offenses, ch. 9; burglar alarms, § 9-31 et seq. :'.~'",
FROM:BOCA RATON FIRE RESCUE TO: 40? 243 7461 NOV 2, 1994 10:42AM .478 P.03
FIRE PREVENTION AND PROTECTION § %64
pcrson whose, principal business is tile £urnishing and maintaining of a supervised si~,maling
service known as a centraL.station system. An alarm business shall possess a burglar/fire
alarm instollation certificate of competency from the county. An alarm business shall also
possess an occupational license from the city.
"Alarm user" shall mean any person occupying or contiolllng the premises of an occu-
pancy which is protected by a fire alarm. ..
"False alarm" shall meanthe activation ora fire alarm signal ttwough ~nechanical failure,
malfunction, improper installation~ or negligen~ of an alarm user h~dicatlng a F~re emergency
requiring the immediate response of f~re department apparatus when a fire emergency does
not exist and no evidence thereof is apparent to thc senior fire department officer arriving on
thc scene.
"Fire alarm" shall mean a system of devices, excluding single-station smoke de~ectors0
designed and used in a building or structure for thc detection bf fire or smoke, water flow from.
a fire sprinkler or standpipe system, or manual pull station for tile purpose el'alerting et, hers,
which crofts a sound, signed or message when activated.
"Permit'* shall mean a permit issued by the fire department which shall signify compli.
ance of the fire alarm with the provisions of this article.
(Code 1966, § ].1-40)
Sec. ?.63. Fire alarm permit-Roqulred.
(1) It shall bo unlawful, with the exception of a single,family residence, for any person to
install or m~intain a'f'tre alarm in operational order unless that person first obtains a fire
alarnl permit from the fire department.
(2) In addition to satisfactory completion of the application required in section 7-64, a fire
alarm permit for an installation at a non-single.family residential location may be issued to an
applicant only if it is demonstrated that thc fire alarm is installed by an alarm business under
current fire department, fire alarm code standards, and only if the installation is of equipment
. which is'.approved by UD (Underwriters' Laboratories),' FM (Factory Mutu. al. ),-or. an approved
testing laboratory for it~ intended usage.
(3) Fire alarm permits mus~ be renewed each year and shall bo in effect from October 1
to September 30 of the next year.
(Codc 1966, § 11.41; Ord. No. 3823, § 1, 1-23-90)
Sec:. 7-64. Same-Application,
(1) Applicakion for fire alarm permits shall be made on forms provided by the fire depart-
meat. Each applicant shall state:
· (n) ~ The name. address, telephone number and owner o£ the property to be serviced by the
fire alarm;
5O5
FROM:BOCA RATON FIRE RESCUE TO: 40? 245 7461 NOV 2, 1994 10:'43AM .478 P.04
.
§ ?-64 BOCA RATON CODE
Os) The name, address and telephone number of the applicant, if different from the
(c) The name~ addr~ and ~lephone number of the ~rson in eh~ge of the premises
buildin~ so,ed by the tim d~ m~d no less than 3 persons or entities, add.scs
and ~lephone numbers to be con~c~ in the event of an E~m if r~uired by the fire
dep~ment;
(EThe n~e, ad,ess end 24-hour ~lephone numar ~d s~te Hcense numar of the
person or entity ~s~llh~g the f~e al~m;
(e)Tho nmne, ad~$ and 24-hour ~lephono number ~d $~ Ii~nse number of
~n or en~i~ moni~ring the fire ~m;
(~The name, address ~d 24-hour ~lephone number ~d s~ license number of the
person or enti~ providing m~u~n~ ~d roper se~ ~ the fire .~m;
~)Tho'si~ature of the proper~ o~er, ~m user ~d an authorized repre~n~Live of
~e ~arm business.
(2) The ~formation sot fo~h in (1) a~ve shall be kept current by the permit holder, ~d
the pe~it holder sh~ ~medis~ly noti~ the fire dep~ment of ~y changes in the infer.
(Code 19~, ~ 11-42; Ord. No. 3823, ~ 2, 1-23-90)
Sec. q.65. 8~e-~oe, post~g of dee~.
(1) The fwe dep~ment shah issue a fire ~m permit only after r~ei~ng a comple~d
.applicatioh and o~y ~r it is de~r~ned that the Fwe alum mee~ the cri~ria of this article
~d current fire code s~d~ds. ~y deni~ shah be made in ~iting, with a. s~ment
de~ni~ repons for deni~. ~ appli~tion for a fire ~m permi~ may. be denied if ~ appli~nt
f~sifies a~Y s~ment on the appli~tion, ~d a ~ogdng falsifi~tion shMl be a violation of
this ~ticle,
(2) Upon issu~ ora permit, the fire depar~men~ sh~.also issue a decal ~ the appli~nt,
which sh~l ~n~ tho pernait number ~d the permit address. This de~al shall be promi-
nenfly posed at or nc~ the front entr~ of the premises so that ghe dec~ is ~sible from
ou~ide the structure.
(Code 1966, ~ 11-43)
See. 7-66. Appeals.
(1) Any appli~nt who is denied a fire alarm i,ermit may append such denial by filing a
written request for hearing before the city council within 30 days of the denial.
(2) A~ the ho~ing, the applicator may present evidence and witnesses ~ support the
issuance of the permit, ~d tt~e city manager may present eviden~ and witnesses ~ support
the fire department erred in den~ng the issuance of the permit. ..
-FROM:BOCA RATON FIRE RESCUE TO: 48? 24~ 7461 NOV 2, 1994 10:45AM t~478 P.05
·I FIRE PREVENTION AND PROTECTION § 7-70
(3} After hearing the prcsen~ations, txnd afar taking into consideration all other relevant
facts and circumstances, the city council may either affirm the denial or order the fire depart-
ment to issue the permit.
(4) Review of city council 'action sha]! be by certiorari to the circuit court.
(Code 1966, § 11-44)
Soc. 7-$?. Permit revocation.
A fire alarm pcrmit may be revoked by the fire 'department if thc alarm user or his
designated agent:
(a) Fails to respond to his activated fire alarm within 1 hour when requested to do so by
tho fire department;
(b) Allows more than 20 false alarms to which the fire department responds within a
permit period;
(c) Has been found to have violated any of the provisions of this miticle.
(Code 1966, § 11-45)
Sec. '/.68. Revocation hearing.
(1) Any alarm user whose permit has been revoked may appeal such action by filing a
written request for hearing before the city council within 15 days of tho revocation,
(2) At the hearing, the user may present evidence and witnesses to support his claim that
the revocation was unwarranted, and the city manager may present evidence and witnesses to
support the revocation. The burden of proving that thc fire dcpartment erred in revoking the
permit shall be on thc user.
(3) After hearing the presentation, and after talcing into consideration all other relevant
facts anc/'~ circumstances, the city council may either affirm or rescind the revocation.
(Code 1966, § 11-46)
Sec. 7.69, Reinstatement of permit.
If a permit has been revoked duc to excessive false alarms, reinstatement can be obtained
only if a licensed alarm company inspects and repairs the a]arm and submits a report to the
fire department stating what has been done to correct the problem and certifies that the alarm
is in working order.
(Code 1966, § 11.47)
Sec, 7-70. Fire alarm without pernfit.
(1) It is hercby found and determined that operation of a fire alarm, with the exception of
operation of a fire alarm, with the exception of single-family residence~, for which no permit
5O7
FROM:BOCA RATON FIRE RESCUE TO: 40? 243 7461 NOU ~, 1994 10:44AM ~478 P,06
§ 7-70 BOCA RATON CODE /'~
has been issued is a violation of this article and shall subject the property owner to t]~e service
fccs established in this articlc. '. '
(2) It is hereby determined that the occurrence of a false alarm caused by an alarm, with.
tho exception of s|nglc,fa~ily residences, for wblch no permit has been issued constitutes a .
public nuisance. The occurrence ora false alarm caused by a fire alarm for which no pormit has
been issued is a violation of this article and shall subject thc property owner to the service fees ·
established in this article.
(Code 1966, § ].1.48; Ord. No. 3823, § $, 1-23-90) "
See. %71. Fine for false alarms; a~lmi-i~trative review.
(1) It is hereby found and detormlncd that falsc alarms requiring the fire department to
respond, including single.family residences, constitute a public nuisance. Tho alarm user shall
be subject to a al00.00 service fcc for each false alarm to which the fire d~partn~ent responds
in cxccas of 2 false alarms during the fiscal year ortho city.
(2) The failure to pay service fees assessed pursuant to this section, within 30 days of
written no,ice fr~)m. Zhe..city-of &he imposition of.the.fee.shvll result.in an_additional.fee.of ......
see[ion. In the event it; shall become ~iec~y for the ¢it,y ~ i~dtiate lltlgafion or incur any
cost whatsoeaer in order to collect any delinquent foes pursuant to this section, the alarm user'
shall be liable for the payment of such costs, including the payment of attorney's fees.
(3) A permit holder may seek a review by the fire chief of the. determination of the fire
officer responding to a fire alarm that a false alarm has occurred. To obtain this review, a
· report written by thc alarm hush, ess responsible for the maintenance of thc fire ~larm, setting
forth facts s~d circumstances tending to show that the activation of'the fire alarm was the
result of fire, shall bc filed with the fire chief within or business days of the date on which thc
fire alarm'was activatecl. If the fire chief determines that the facts and circumstances set forth
in the report are valid, he shall then excuse the occurrence, and the occurrence shall not
constitute a false alarm for the purposes of this ~rtlcle. Until such time as the fire chief has
made his determination, the occurrence upon which the report is based shall be considered
genuine and shall not bc considered a false alarm.
(4.) If an alarm user is dissatisfied with the determination m~de by the fire chief regarding
thc act£vation of the alarm, the permit holder may sock ~ review by the code enforcement
boord by filing a written request for a hc.'u-ing before thc code enforcement board within 15
bush~css doys of the date of the determination by thc fire chief. The matter shall be scheduled
for the next available board agenda. The board shall determine whether the false alarm
occurrcd. If the board determines that the alarm was a f~lse alarm, the alarm user shall be
(Code 1966, § 11-49; Ord. Bio. 3823, § 5, 1-2~-90) .
FROM:BOCA RATON FIRE RESCUE TO: 489 243 7461 NOV 2,. 1994 10:44AM I~478 P.O?
FIRE PREVENTION AND PROTECTION § 7.81
Sec. 7-72, Prohibitions.
(1) Alarms which automatically dial the fire dopartrpent over lines exclusively used by
the public to request emergon~ service and information are prohibited.
(2} Alarms which do not have an auxiliary power supply which activates in the event of
a power failure or electrical outage are prohibited.
(3) Alarms reported to the fire department by an alarm business that is 'other than a fire
alarm are prohibited. '
(Code 1966, § 11-50)
See. 7-73. Penalties.
The violation of any provi~ion of.this article ~hall be punishable, in addition to the
provisions set forth' herein, as prescribed in section 1-16.
(Code 1966, § 11-51.)
See. '/-74. Limitation of liability.
Neither the city manager nor tile city or any of its officers and agents shall be under any'
obligation or duty to an alarm user or to any other per,on hereunder by reason of this article.
. The city manager specifically disclaims liability for 'any damages which may be caused by
failure to respond to an alarm.
(Code 1966, § 11-52)
See~. ?.?ii-?.79. Reserved.
ARTICLE IV. FJl/~E PROTECTION SYSTEMS
Sec. 7-80. Applicability.
The requirements of this article shall apply to all buildings, structures and installations
consh~cted after November 23, 1993.
.'The requirements of this article shall also apply to any existing building or structures if:
(a) Within any 12 month period alterations or repairs are made costing in excess of 50
percent of the then physical value of. the building or
(b) If repairs are made to an existing building which has been damaged by fire or oth-
~.rwise in excess of 50 percent of its fl~en pl:ysical value before such derange is re-
paired.
(Ord. 4137, § 2, l ~-23-93)
Sec. 7-81. l)efinitions.
i) F°r tho purp°~c °f this article' thc f°ll°Wing w°rds' t'ern~s and phrases shall have the
-. meanings given in this.section, unless tile context clearly indicates otherwlsc:
,c;upp, No. 12 509
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff~-~
SUBJECT: AGENDA ITEM # I~. ~.- MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NQ, 91-94/ALARM SYSTEMS
DATE: OCTOBER 27, 1994
This is first reading for Ordinance No. 91-94 which repeals our
existing alarm systems ordinance in its entirety and enacts a new
Chapter 112, "Alarm Systems", to provide for updated procedures and
fees relative to the regulation of alarm systems in the city. The
attached memorandum from staff outlines the main points of the
proposed ordinance.
Recommend approval of Ordinance No. 91-94 on first reading. If
passed, second reading and public hearing will be held on November
15, 1994.
ref:agmemo7
MEMORANDUM
TO: DAVID HARDEN, CITY MAN~AGE~
THRU: ROBERT REHR, FIRE CFI~~
FROM: MICHAEL CATO, DIVISION CHIEF~~
DATE: OCTOBER 27, 1994
SUBJECT: PROPOSED REVISED ALARM ORDINANCE
The City Ordinance currently in effect was intended to reduce false alarms by providing a fee for
excessive false alarms. Since the adoption, the Ordinance has failed to reduce false alarms because
there is no previsions to require any corrective action by the owner of the alarm system. The revised
ordinance was modeled at, er a nationally recognized false alarm ordinance which was a result of a
study on the causes of false alarms by a "Special Ad-Hoc Committee" from the City of Sarasota,
Florida. In summary, the revisions presented for Commission action include the following:
1. Registration of all alarm systems except motor vehicles, mobile conveyances or equipment;
or alarms which are not intended to be heard outside the premises. This registration requires a fee to
cover the cost by the City on an annual basis. Each registration will include the issuance of a decal
which is required to be posted in a prominent location visible from outside the structure.
2. The alarm user is to report changes to required information provided on the registration of
alarm systems.
3. The alarm user has a duty to provide access to Fire or Police and render assistance for
investigation and deactivation of alarm systems
4. Upon notification by Fire or Police of a false alarm, the alarm user shall return to the
responding agency an "Affidavit of Service/Repair" by an alarm technician that a bona fide attempt
has been made to identi~ the cause of malfunction and appropriate corrective action was taken.
5. Changes the period of one month to one year for excessive false alarms and increases the
fees charged for excessive false alarms or alarm malfunctions.
6. Provides authority to disconnect non-required alarms for failure to comply or take
corrective action to prevent further false alarms.
7. Provides for appeal and for due process and enforcement authority by the Code
Enforcement Board of the City.
ORDINANCE NO. 91-94
AN ORDINANCE OF TIlE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
TIlE REGULATION OF ALARM SYSTEMS WITHIN TIlE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Ord. No. 91-94
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
2 Ord. No. 91-94
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION"~ O an annual basis, the period from October 1st to
the 30th day of September of the next year.
"PREMISES". Any building, stmcture or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REQUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control
3 Ord. No. 91-94
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REQUIRED; FEE; TERM OF
REGISTRATION; NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shall be
required to have a sepearte installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration from
the city shall be issued a notice of violation and that person shall have ten (10) days from
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fif~ dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) A registration fee of twenty-five dollars ($25.00) shall be charged
the alarm user by the city for each alarm registration issued. The registration fee shall not
be prorated based upon when, during the registration period, the alarm registration
application is made or the fee is paid.
(C) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form and payment of a fn~een dollar
($15.00) renewal fee.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registraton is assigned shall require a new registration application and a
fee of twenty-five dollars ($25.00).
4 Ord. No. 91-94
Section 112.21 APPLICATION FOR ALARM REGISTRATION; REPORTING
CHANGES TO REQUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
twenty-five dollars ($25.00).
(B) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different from the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
5 Ord. No. 91-94
SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES~ RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shah be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION~ DECAL REQUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $25.00 registration fee.
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fi~een (15) calender days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. After taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
6 Ord. No. 91-94
Section 112.25 FALSE ALARMS PROHIBITED~ EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Section 112.26 RESPONSE TO ALARM; ALARM USER RESPONSIBILITY;
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Keport".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of Service/Repair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of ServicefRepair" within said
fifteen day period which is satisfactory to the enforcement official will result in a
disconnection per Section 112.28 or enforcement action in the event of a reqiuired Fire
Alarm System per F.S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE~ FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
7 Ord. No. 91-94
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
Fifth ......................................... 100.00
Sixth ......................................... 100.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City of Dekay Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes aider being notified to respond, if such failure to timely
8 Ord. No. 91-94
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTI~ORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 112.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
9 Ord. No. 91-94
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection af an alarm system, aRer the order to disconnect said system, a reconnection
fee offiRy dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days from the date of the activation
of that alarm system, but shall apply from and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.21(B)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fines assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
10 Ord. No. 91-94
r
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11 Ord. No. 91-94
CITY I:IF DELRrI¥ BEACH
CITY ATTORNEY'S OFFICE ~oo ~w., ^,~,~. ~i~,^¥ .~^~., ~o.~. ~,.
FACSIMILE 407/278-4755 ~.'e.~ ' ~ z:).l.~es~='e, x.,~.rt~
DELRAY BEACH
(407) 243-7090
Date: October 17, 1994
]993
To: David T. Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: Alarm Ordinance
Attached is a memorandum' from Eric Hightower to Susan Ruby
outlining the revisions to the proposed alarm ordinance. I
reviewed the revised ordinance and have no further additions
or deletions. Pleas review the ordinance, and if you find
it satisfactory, place it on a Commission agenda.
Please call if you have any questions.
DNT:smk
Attachment
cc: Eric Hightower, Police Legal Advisor
ala~. dnt
Printed on Recycled Paper
£1T',P UF UELIII:Iq' BEI:I£H
FIRE DEPARTMENT SERV,.O DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
DELRAY BEACH
F L 0 R I D A
EMORANDUM
1993
TO: ALLISON MAC GREGOR HARTY, CITY CLERK
FROM: MICHAEL CATO, DIVISION CHIEF ~~
DATE: AUGUST 30, 1994
SUBJECT: COMMENTS ON ALARM SYSTEMS ORDINANCE DRAFT
With regard to public notification and education, I would like to offer the following for
consideration in order to increase public awareness of the false alarm problem, the existence of the
new ordinance and measures that can be taken to reduce false alarms:
1. Obtain a list of companies who are licensed to install alarm systems and send notice of
the revisions to the Alarm Systems Ordinance.
2. Send flyers or notices with water bills to all properties within the City.
3. Initiate Public Service Announcements (PSA's) to newspapers and Cable TV.
4. Include with a copy of the application for fire alarm, combination fire-burglar alarm,
and household fire or fire-burglar alarm systems the following list of preventative
measures:
a. Bag smoke detectors during remodeling or renovations.
b. Regular maintenance program per Chapter 7 of NFPA 72, copy provided.
c. Prior to testing, contact all parties involved.
d. Upgrading electrical and lightning protection for the system.
~,~,// On page7 of the Ordinance draft in paragraph (D)change the end of the last sentence to read
"a
current copy of NFPA 72, Chapter 7 "(14 Pages - copy attached). 72 H is outdated
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407,/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461
Printed on Recyled Paper
INSPECTION, TESTING, AND MAINTENANCE 72-97
6-6 Supplementary Visible Signaling Method. A supple- 6-9.1.1 The alphanumeric display shall have an equiva-
mentary visible appliance is intended to augment an audi- lent minimum 7 by 5 matrix character definition, a mini-
ble or visihle signal, mnm grey scale contrast as defined by 10 shades of grey,
[From NFPA 72G, 3-2.2,11 and a character retentivity from t/2 minute to 5 minutes.
[From N FPA 72G, 8-2. I. 1 ]
6-6.1 A supplementary visible appliance shall comply
with its marked rated pertbrmance. 6-9.1.2 The pictorial display shall have a minimum of 250
[From NFPA 72(;, 3-2.2.2] line scan per fi'amc, a minimnm of 250 points per line
scan, each arrauged on a scale ot' 10 shades of grey, and
6-6.2 Supplementary visible notification appliances shall shall have 30 fi'ames per second. The display sbalt have
be permitted to be located less than 80 in. (2 m) above the aspect ratio of 1:1.33.
ltoor.
Il:rom NFPA 72(;, 5-2.1.5] [From NFPA 72G, 8-2.1.2]
6-7 Coded Appliance Characteristics. All re(luircmcnts fi-9.1.3 The permanenl lexlual visible appliance shall be a
tbr noncodcd appliances shall be met. In addition, thc appli- storage display that produces retrieved alphanumerics
am'cs shall ditl~rcntialc several bits or units of infi)rmali<m retrieved pictorial images dclined in accordance with 6-9.1.
Thc retrieval time tbr ~l~e permanent textual visihlc apl)Ii-
ti'om all other intbrmation conveyed by that apl)liancc.
' anco shall be nol less d~an I year.
[ From N I:PA 72( ;, 6-1. I ] [ From N F PA 72(;, 8-2.21
6-8 Textual Audible Appliances.
6-9.2 ~cation. All tcxltlal visible appliances in thc pti-
6-8.1 Performance. Thc textual al)t)liancc shall repro- yaw triode shall be located
duce normal voice frequencies, persons directly concerned with the implementation and
direclhm of emergency aclion iuiliad(m anti procc(h~rc
6-8.2 Loudspeaker Appliance. Thc s()un(I level in (IBA thc areas protected hy thc fire alarm system.
ol'thc hmdsl)eaker appliance t'vact~alion lone signals of thc [From NFI'A 72(;. 8-4.11
particular mode installed shall comply wid~ all tl~e rcqnirc-
recurs in 6-3.1. l(xceplio,: In Ibc lobby tff' a buiMi,g where required by Ihe
IFr-m N FI'A 72(;, 7-2. I. I ] atttborily baying jurisdiction.
[ From NFPA 72(;, 8-4.1 Exccplion]
6-8.3 ~cation of Loudspeaker Appliances. Where ceil-
ing heights permit, wall-mouuted loudspeaker appliances
shall have their tops at heights ahove tl~e finished tloors of Chapter 7 Inspection, Testing, and Maintenance
not less d~an 90 in. (2.30 m) and hclmv die linishcd ceilings
of not less thau 6 in. (0.15 m). This docs not preclude
cciling-nmunlcd or recessed appliances. 7-1 ~neral.
ll:r-m NFI'A 72(;, 7-4. Il
7-1.1 This chapter covers the requircmeuts Ibr thc
6-8.3.1 Where Ioudspcaker/visil)h: al)l)lianccs arc inspection, testing, and maimenance of thc fire alarm sys-
iustalled, thc bcigbt of the installed al)pliancc shall comply tcms dcscrihed in (;haplers 3 and 4 and fi)r dwir initiation
with (L,t..I, and m)tilication components described in (;hal)lets 5 and
(J. Thc [csling and mainlcnaucc Fcquircmcnls 10~' h~)usc-
Exception: Combination lo~Mspeaker/vi.~ibb' applia.cex ins/a/led hold fire warning equipment arc located in Chapter 2.
i. .4eeping area.~ xball comp(¥ with 6--t..t. 3. [Ncw paragraph]
[ New par;t~raldiS
7-1.1.1 Inspection, tcsdng, and maintenance programs
6-8.4 Telephone Appliance. The tclelfl.mc apl)liancc shall satisly tl~c requirements of this code and tl~c equip-
shall bc in a('cor(tancc with I(IA ir ,I 1.3, 7),lepho,e.~. mcnl manulhcturcr's instructions.
fi-8.5 Location of Telephone Appliances. Wall-mouu~c(t Il:rom NI:PA 72E, 8-1.2 modilicdI
leleph.ne al)l)liauces or related jacks shall be
hcighls uol to exceed IJti in. (1.7 m). except Ibal where 7-1.1.2 N(~dfinginllfischal)lerisinlcndedloprcvent lhcusc
acccssihlc Io Ibc general i)ulflic, one Iclcph(mc aplfliancc ol .d~cr lesl melh~xts or It.sling devices, provkkxl thc~ olhcr
l)er Iocati(m sh(mld hc no higher d~;m 5,t in. {I.37 mi with mcd~.(Is or devices arc equivalenl in elt~ctivcness and sal~ly
clear access .~ ~hc wall at least 30 i.. (11.71i m) Mdc. and mecl lhe inlcnl (fi'Ibc rc(tuiremenls ot'this chaplet.
Il:rom NFI'A 72(;. 7421 Il:rom NFPA 72, I-3.2, and NI-'I'A 7~11, I-I.3
moditicdl
6-9 Texlual Visible Appliances.
INt'w lilh'} 7-1.2 The owner or his designated representative shall be
resl)onsihle tbr inspection, lesling, and maintenance of Ihe
6-9.1 Thc lCmporary Icxlual visJl)lc apl)liancc shall t)c a svslcnl and allcraliolls or a(t(lilions Io Ibis svslcm, l)clcgalion
nonstorage display lb'at produces either visible alphanu- ot rCSl)onsil)ility shall he in writing, with a copy ofsucli dele-
merits sul)lending a cbaraCler angle Io Ibc ohscrving crv of gallon made available to the authority having.jnrisdiction.
not less than 10 rain utes of arc or visible i)ic,~rial images. I From N FPA 72E. 8- 1.3, 8- 1.3.1; and N FI'A 72.
lFrom NFI'A 72(;. 8-2.1~ 2-5.4 moditicd}
1993 Edition
72-98 NATIONAL FIRE ALARM CODE
7-1.2.1 Inspection, testing, or maintenance shall be per- hazards equipment, testing shall include verification of the
mitted to be done by a person or organization other than simulated release of the extinguishing agent or activation
the owner when conducted under a written contract. Del- of the fire pump controls.
egation of responsibility shall bc in writing, with a copy of
such delegation made available to the authority having 7-1.5.3 Only qualified service personnel familiar with
jurisdiction, special hazards system and equipment used shall bc per-
IFronl NFPA 72, 2-5.4, and NFPA 1221, 2-1.11.2 mitred to perform the reqtfired tests.
modified]
7-1.6 System Reacceptance Testing. Reacccplance
7-1.2.2 Service personnel shall be qualified and expert- shall be performed after system components are added ~,~
enced in the inspection, tesdng, and maimenance of fire deleted; after any modifica6on, repair, or adjustmen~ ~.~
alarm svs~ems. Examples of qualified personnel shall be system hardware or wiring; or after any change ~o
permiucd to include but are m~t limited to: ware. All components, circuits, syslcm operations, or
ware fimctions known to he all~cted by the change or idem
(;~) Fac/ory er:fined and ccrfiffcd tiffed by a means that iudic:ucs ~l~c system oper;~tional
(h) National Institute tbr Certiticafion in Engineering changes shall be 100 percent Icsted. In addition, ~0 per-
Technologies Fire Alarm ccrlilied ccnl of inilialing devices Ihal arc not directly ;dl}'clt-d
(c) International Municipal Signaling Association Fire tl~e change, up to a maximum of 50 devices, ah;dr alsu
Alarm cci'tiffed Icsled and proper system operation vcriffcd.
(d) Certiffcd by state or local amhorib, 7-2 Test Methods.
(c) Trained and qualiffcd personucl employed by an
m'ganizafion listed hv a national testing lahoratury fin' ~l~e 7-2.1' Central Stations. The install;ilium shah
servicing of ffre aLn'm systems, inspcclcd al Ibc rCqllCSl o[Ihe ;tulh()rily having.juris(Ikfi..
IFrom NFI'A 72.2-5.4; NFI'A 72E. 8-1.3,2 and fi)r complete infi)rmatlon regarding lilt' system, includiug
A-~-1.3.2 modilicd] speciffcafions, wiring diagrams, lind IIo()r plans having
been suhmillcd Ik)r appr()val prior I() inslallalion o1' equip-
merit aud wiring.
7-1.3 Belbrc proceeding with any testing, all persons and
Ihcilitics wh() would receive an alarm, supervisory, or trou- [Front NFPA 71. I--I. I(h)I
hie signal, and huildiug occupants, shall be notified to pre-
vcnl nm)cccssary response. Al Iht conchJsion of tesliug, 7-2.1.1 The installation shall be inspected to ena~e ail
those previously m)liffcd (and ()dlcrs necessary) shall bc devices, c()mbinations of devices, and eqnipme~ta
filthier noziffcd zhaz zcsfing has hccn conchrlcd, structed and installed shall be approved fi)r the
II".-m N I.'I'A 71. I-9,5(a). (h), (i); NFPA 7211,.9-9.. I, fi)r which thl-y are intended. . ~,~- ...
4-1; NI,TA 72(;. 9-1.3; and NFTA 72E, ~-1.4 'lFrom NFPA 7~,
7-2.2* Fire alarm syslcms a~id other syslcUlS a[id
7-1.3.1 Thc owner or his design;fled representative and incnl that may bc ass(g;iated witl, fire alarm syslert~s and
SCl'ViCe IIt'l'sonllt'l sis;ill coordinatc syslcln It:sling lo pre- accessory equipnwnl shall hc lc,sled according lo 'l';d~h' %2.2
vcn~ i.lcrrup~i.n of critical Imihling syslemn or t?qtfij)mcnl. II"r-,n NI"I'A 7211, 4-1
I New paragraph l
7-3 Inspection and Testing Fr~uency.
tom ;dlcralions inch,ding spccilic;nions, wiriug diagrams, ami
II¢.)r plans shall he made availahlc hy Ibc owner or dcsig- 7-3.1.1 Visnal inspection shall bc pcrlbrmcd ~
n;tlcd rcl)rcsc.mlivc I()thc sera'icc pcrsoimel, dance with the schedules in this chapter or mo,'c frq-
ll",'-,u NI.'I'A 72, 2-2.1 ;.sd '~-')9 modilicdl qtJc/llJy where required hy Hie au/horily haviug .~t~r
.... tion. Thc visual inspection shall be made to cllstirc ~hal
there are no changes that would ait~ct equipment perrier-
7-1.5 Special Ha~rds Systems and Equipment. Special
manet, such as Imilding modiffcations, occupancy hazards.
h;~zards systems ;..I ('q~lil~nl~'nl sh;dl i.ch.lc I)L]I .()lbc ;md c,,vi,'.umc.~:,l
lin"lcd I. Prc;.llo~ :.id (l¢'lugc sPrit~klcr sVSICIIIs II;do.
I~);~m syslcnls, and lire I)Unlj~ controllers, elttliott.s t/tie to co;tlilttto..s ploce.s.s operrltioll.S, eltergi~.d
eqtlipmeltl, etc,, shall be inspecled durinK, each scheduled shutdown
7-1.5.1 Wt.-re :l special hazards svslcm has ils owll con- btu nol more Ibtttt eve~? IN inoltlb,s,
l)rcmises lire al;il-in system, lcsling 5ilaJl I)c Jhnhcd to lhc 7-3.1.2 Whcl'~ atllOlllatic testing is j)crJklrrned al ;~ ifc
poin( of' JlllCl'~tcc. quency of' Hot leSS lhall weekly by a remotely
~1'~ alal'ln conlroJ Ullil spcciffcally listed tbr this appJ~a.
7-1.5.2 ~¥Jlcl'C lJlc special il;IIAII'(IS syslClll docs llOl have IJOli, thc visual inspection ff'cqucncy shall be pcrmittc~{
ils OWrl ('olIIFoJ tlnit ;LII(J lilt protc('tcd premises tire ;darm he cxtcnde(l to annually. (See 7?1blt 7-3.1.)
1993 Edition
INSPECTION, TESTING, AND MAINTENANCE 72-99
Table 7-2.2 Test Methods
DEVICE METHOD
1. Control Equipment:
a. Functions All functions of the system, including operation of the system in various alarm and
trouble modes fi)r which il is designed (c.g., open circuil, grounded circuits, power
outage, etc.), shall ~ tested in accordance with the manufacturer's instructions.
[From NFPA 72, 2-5.1, and NFPA 721t, 7-1.3 modilicd]
b. Fuses Remove fu~ and verify rating and supe~ision.
[From NFPA 721t, 4-1]
c. Interlaced Equipulcnt Integrity of single or muhiplc circuits providing interlace bc(wccu two or more con-
trol panels shall t~ verified.
Inlcrlaccd equipment COlmCClions shall I~' tested I)y ~q~craling or simulating ol)cra-
llon of Ihe equipment being supervised. Signals required to be Iransmillcd shall I)c
verified at Ibc omlr()l panel.
I Nc~ I)a~ agraphsl
d. l.amps aud l.El)s lzlmps aud I.EDs shall hc ilhmfinatcd.
c. Primary (Main) I)owcr Supply ~1 secondary (stluldby) power shall hc discouucclcd arid It'slt'd uudcl' IIl;IxiUllllll
load, including all alarm appliances requiring sin)uhancous operation. All ~'t'ondary
(s~audby) power shall Ig' reconnected at end of (cst. I:()r rcduudilul power supplies,
each shall ig' wswd scparalcly.
I From N FPA 721 I..I- I
2. Engine-Driven ~nerafor If an engine-driven gcncralor dcdicawd m Ibc fire al;irln syslenl is itsc(I ils ;i
r~nircd ~)wer ~)ut'cc, o~ration of Iht geucramr shall I~' vcrilicd in at'c(u'd;ulcc
with NFPA I !0. Standa;dfl: E~t~enq a.d Sta.dby P.wer System% by thc huihli.g
owner.
IFronl NFPA 72, 2-5.2.3 m()dific(ll
3. Secofldary (Smfldby) Power Supply l)i~'onnccl all pr/mary (main) f~wcr supplies and w'rlf~ 0.. required .'oublc mdi-
~lion Ibr loss of primary ~)wcr (gcurs. Measure or vcril~ system's standby and
alarm currenl demand and, using mauufaclurcr's (lala, vcril~ whether batteries arc
adequate lo intel standby aud alarm rc(luircmcnls. Operate g('ucral alarm syslems
Ibr a minimum of five minulcs and emergency voice conmnuficaliotl systems fiu' a
minimum of fifteen minutes. R~'onncc~ primary (ruain) power supply ;u end of lest.
[From NFI'A 7211, ,1-1, and NFPA 72, 5-3.31
4. Uninle~upt~ Power Supply (UPS) Ifa UI~ system dtxlicatt~ to thc fire a~rm system is u~-d as a rtxluirtxl power ~mrcc,
vcril~ thc (q~ralion offlw UI~ syswm in a(x'ordancc wiflx NFI)A I I 1. Slandt.d t;~t Stored
Elect,rtd Entrg~ E;~e;u), a;ul SO. ullq I'ourr .[ystents, by Ibc huihling
]l:r.m NFI'A 71, 2-2.3.7
5. Batlerles -- General Tests:
a. Visual lnsp(-(fi(m In%])('cl I)allerics fi)r ('(u'r()si(m (.' leakage. Chcwk and ensure lighlness
lions. If ntx'cs~ry, clean and coal thc I)aetery terminals ()r conUc(li()us. Visually
inspect clcclrolylc level in Icad acid baucrics.
h. Baucry RcplaccuJ(ml Batteries shall I~- replaced in accordance wiOt Iht rcc(.nmcndalions of Ibc alarm
equipment maunlhctnrcr, ()r when Ihe recharged ballcry vohagc (n curreu~ lalls
~low thc m~IIUI~CIuFcF'S rct-olnlllClldal}OllS.
~. (~hal g('l' T('sl Check operation of battery charger in acc()rdaucc with charge, ~cst I,r thc si)c( iff(
type of bauery.
[Fr(.n NFPA 7211, 4-1 m(~lificd]
d. Discharge Test WiO~ tJ~e hallery charger di~i.mex'~cd, load {esl Ihe batteries Ibllowmg II~c
lurer's recommendations. 'lhe vohage level shall nol fall I~h)w tile levels specified.
[From NFI'A 71,2-2.3.7 moditicdI
E~eption: An arti/icml l~ eq~d to the fMl fire ala~ bum connected to the tuttte~ .~baH
permitted to be utili~d in co.ducting this test.
INcw paragraphl
1993 Ed~ion
72-100 NATIONAL FIRE ALARM CODE
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
e. Load Voltage Test With the battery charger disconnected, measure the ternlinal vohagc
the maximum load required by its application.
[From NFPA 71, 2-2.5.3, and NFPA 771~
The vohage level shall not fall below the levels spccilied tm' ~l~t' specitit
tery. If the vohagc fidis beh)w Ibc level spccilic(I, corrective acti()n shall bc
the batteries retested.
[From NFI'A 71, 2-2
Excrption: .'lu art~/icml load equal h) the .[ull [,'r ,latin load counected Io Iht'
pe~nitted to be utili~d in conducting this te.q.
f. Open Circuit Vohage Wid~ tile battery charger di~'onnecwd, measure the open cirtm('vOImgc of
Battery Tests (Specific Types):
a. Ih'imary llalleries:
1. Load Voltage Test* The maxinlum load for a No. 6 primary I}attcry shall not bc more than
per cell. An individual (I.5-voh) cell shall bc replaced when a load of I
the vohage below I voh. A 6-volt assembly shall bc replaced where a
ohms reduces thc voltage below -t volts,
{From N I:iL4
b. Ix'ad-Acid Type:
I. Charger Test With tl~e baueries fidly charged and core,coted m the charger, measure thc
across the batteries with a vohmeter. Thc wdmgc shall bc ~.30 vohs per cc~
writs (at ~5~C) or as spccilied by Ibc equipmem mamdhcmrer.
INcw
2. I.oad Vohage Test* Under load, the bauery shall t;ot fidl below 2.05 volts i)er cell.
3. Spccillc (;mvity 'l'bc s~x'illc gravity of the liquid in thc pilot cell or all of flsi' ~Bs shall bc
required. 'l]w specific gravity shall I)c within the r~mge'sl)t:(~ilittd by dw
Ahhough the spet'ified si)celtic gravity ,nay vary flora m;m,dhou,'cr .~
range of 1.205 - 1.220 is typical fin' regular Ica(I acid I)allcrics, while 1.2.1(~ -
typical lk)r bigb pcrfln'mance batteries. A hydrometer dml only shows a pass
dition of the I)aucD, and d(~s ilol indicate t[ic si)collie gravily shall n()t be
such a reading (l(~s not give a ti'tlC indication o['lhe b:lllt-t-y
('. Nickcl-(:admitm~ Type:
1. (:hargcr Test With thc batlcrics hdly ('b;trgcd and ('(nmc('lc(l h) Iht ch;u'g(.I, [)la(c ;m
in series with tile battery under charge. Thc (:lmrging current shall bc in
absence ()l'spccilic infbrmalion, Ods usually is 1/30 ~o 1/25 of thc I)a.cty
(Examplc: ,l()(}(}tll/Xh x 1/25 = J(;(}llla ch;uging (t.'rcnt ;. 25"(:.) [Ncw
2. I.()ad Voltage Test* Under load, the float volt;igc for the entire I);lltt.l'x sl~;sll I)c IA2 vohs pcs
md. Il possibk', ('dis shall bc mcasurcd indivi(luall).
d. Scaled l,cad-Acid Type:
1. (:hargcr *lest With the batteries fidly charged and conncclcd 1o ibc cha;gm. *m'a~.*c Ihc
a('ross the batteries widl a v()]{[]]{'lCll. The voltage sh,~uld t)c 2.;{(} x,,h,
.02 volt~ {at 25°(:) or as spct'i/icd by Ih(' ct{~fi[m~cm
INcw
2. I.oad Voltage Test* Under h)ad, thc float x, oltagc shall nol tall I)chm, 2.05 volts p('r
[From NFPA 71. 2-2.3.7; NFPA 1221. ~-I.10.~.~ ;md 3-1 F).3.2
Public Reporting System Tests hi addid(m m dsc tests and inspection rcq.i['cd abm'e, {tic {;}lloxx'iflg
shall apply.
Manual tests of the power SUpl)ly Ibr public rel)orling (:ir('uils shall hc
recorded atleasl once dtll-illg c;ich ~q-]lOtll [)Cl'i(}d. ~llC[t lc'sis sh;dl
(a) Current strength of each circuit. Changes m current of any circuit,
10 percent of normal current, shall be investigated immedi;~tely.
1993 Edition
INSPECTION, TESTING. AND MAINTENANCE
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
(b) Vohage across terminals of each circuit, inside of terminals of protective devices.
Changes in vohage of any circuit, amounting to 10 percent of normal vohagc, shall
be investiga/ed immediately.
(c) Voltage between ground and circuiis. Where ~l~i~ ~csl shows a rcadhlg in cxccsx
percent of lba~ shown in lesl (b)above. Ibc Irouble shall be imn~cdialch' ]<~';llt'd
cleared; readings in excess of 25 percent shall bc given curly allcntion. Thcsc rcadings
shall be taken widt a voltmuter of not more than 1004~hms resistance per
NOTE 1: Thc vohnlclcr sensifivilv has been ch;raged ti'om 1000 ohms pt'r x'oh
100 ohms per xoh so thai thlsc grtnmd rca<lings (tauscd hv indutcd vollagcs~ ~ill
nmfimizcd.
N()TE 2: Systems in whicl~ each tiff uti is SUl~plied by an indcpc,,dcn( fill'Ii'Ill
full. (]Olnlnoll tnlTCIIl sonl'cc Nyslt'lll5 (Fol'ln 2) will It'tlUil't' Soil;Igc II'MN
gl'Olllld ;lnd t'klth lt'l'lllill;tl o['t';tch I~;tllt'l'V ;tlld olhcl' ftll'l'qlll SOtll'fe.
(d) A gl'otlnd fnl'lt'nl i'e;ldlllg shall I)c ;ltt't'l)l;d)lc m lieu (d' (f) ;dh)st'. kVhct~ ~l~i~
mcthod of tcstillg is nst.d. ;ill gl'OUllds showing a t'tll'l't'lll rt.;tding ill t'x('t'sn o1'5 Iici
cent O[ Iht' nol'lll;l] linc t'lllTCnl shall given inuncdiaw ;tllt'lllion.
(I) Voll;lg~' bt'l~st-t'n fOlnlntlll Ii;tltt'l'v It'l'lnillJls ;llld glolllld..-XIHiol In;l{ glOlllH/ it';id-
ings shall bc invcslig;ucd immcdiawlv.
N()TE: Ti. sis {c) ;md {1) ;tppty only to ih~sc svSlclns using a f.mmou haltc~x II
Addifi.nal inspections shall la. required aticr any lighming suikcs.
Crab,. Aplu'ndix I. shall be inspccwd scmi-amnmlly and alWr any lighming s. ikcs.
9. Conlrol Panel Trouble Signals:
a. Audil~lc ;nnl Visual Verily' opcra6on nf panel Iroubl¢ signals and ring hack Ik'alure lin' syswms usin~ a
i Ir(nd)lc silencing switch th;it requires ri'setting.
b. I)isco~mt-cl Swilchcs When Conlrol nnil (panel) has dia'onnccl or isolating swiwhcs, verily, Ih;il e;tfh
~ switch pcrlkums ils intended Ihm'fion ;tnd a tronble signal is received whcn ;i
, vised limction is di~'onneclcd.
c. (hotmd-I:;ndt M,,nii.rmg (:irc.it Whcn syslcm has ground dcleclion Ik'alttrc, verily, Ih;il a grouml Ihuh indic;ilion
giX't'll whcnt'¥t't' inly illSlill[;iti()n ('Oll(hl('lot i%
d. 'l','a,is,nissi, m .f SiR.als., A(',u;m' an alq..i)rialc inilialing (h.vifc ;,,.I vcril~' Ihal ;da,m sig,ml is ,<'~ cixc<l
()fl:l'rcmises I.o(';ui(m thc ofl;l)rcnfi~'s h.'a(ion.
(]l'C;llC ;i iroul)lc coudition ;unl verily, Ih;il ;l lroubl<, signal is rc('eivcd at dsc
A<:lua(<~ a supcra*isor/device atl<l verily' Ihal a s.pcrvisory signal is rcccivcd al thc
olLprcmises h~'alion. It' Irausmissio. c;n'ricr is Cal~abh' of opc~;sfio, uuth'r ;~ sinffh'
<,r multiple thuh condition, activate an initiating device during such Lttdl
and verily* th;il a u'.uble signal is rt'ccivt'd al thc -II:prcmiscs I.c;.i.. i. ;.hlifi,m
thc ;d;nm signal.
10. Remote Annunciators Verily 10r p.q*cr operation, alnl conlitm i.'.pc~ idcnfit":.i.~s. Whclc i..~idcd,
il~' proper of'ration tmder ;~ thuh
1 !. Conductors/Metallic:
a. Slr;ly Voh;l~t: All installation conductors shall bc tested will, a vohlohm lilt:tgi' to verily th;it Ihtq'l.
;ll'C 11o Sll'aV (tlllWalllcd) vohagcs Ilclwccn illSl/lllillion cllndll('ll~l'5 of b(,IWt.¢.n inM;lll;t-
lion t'olldtl(-Iols and ground. Unless a dillbrenl threshold is N~ccilicd in lilt'
ln;llltlla('ltlrer's documcnlation, thc lniixilntlnl allowal~lc sir;t) vohitgc shall
exceed I voh ac/dc.
{From NFI'A 7211.
Il:rom NFI'A 7211, 2-2.3
1993 Edition
72-102 NATIONAL FIRE ALARM CODE
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
c. Short Circuit Faults All installation conductors other than those intentionally co,mectcd toged~cr shall bc
tested for condnclor-to-condt~ctor isolation per the mantffacturer's recommenda-
tions. These same circnits shall he tested conductor-to-grotmd, also.
[ From N FI'A 72 H, 2-2.4
d. Loop Resistance With each initiating and indicatiog circuit installation colldtlctof pair short-circuited
at the far end, measure and record the resistance of each circnit. VerilY' Ihal the
resistance does not exceed thc ntanulhctt~rer's specified limits.
12. Conductors/Non-Metallic:
a. Circuits' lntcgrily Test each initiating device, indicating appliance, and sign:ding linc ~ i~t ui~ .) t'Olliil'ln
that Ihe integrity of installation conductors arc being prolwrly supcrvised.
h. Fil)cr ()l)lit's Thc tlbcr optic transmissi(~]l linc shall hc tcslc{I in ac('()r(l:n~('e wilh thc
refleclomelcr {o ineastll'C Ibc relative power Ios~ .f die linc. This l'elali~{' fig.re
each tlher oplic lilw shall I}e recorded in II~c llre alarm tOnllOl panel. If thc
level drnps 2 pcrccnl or more ti'om the tigurc rccol'dt'd d.~ing Iht' inilial
lesl. the transmission linc. scclion Ihcrcol] or t'onncclOl'S shall he rep~m'cd
replaced by a qualillcd technician lo hring Ibc line back inlo COml}liam'e wid~ :m
accepted Irallslnissioll level }}er iii;inll{~lclnrel-'S I'e{'onnllelld;lliOlls.
c. Stq~crvision Inlroduclion of a Ihuh in any Sul)ervised circuil shall rcsuh in a suhahlc tronblc
{'ali{ill al thc {'onll'ol illlil. ()lie connt'clion sh;dl I}t' ol~ent.d al n~l Il'ss Ihan 10
of Iht inifiadug device, indicating apldiance, and sign:ding li.c t h'cui~s.
IFr°m NFI'A 7211, 2-3.2
Test each inhialing device, indicating apl}liancc, and sign;ding lira. circuit lb~'
alarm response. I From N I:I'A 72~ I,
13. Initiating Devices:
NOTE: Sec Tahlc 3-6.1 tbr dcscripdou of circuit pcrtbrnlancc and capachy.
a. Eleclromcchanical Releasing I)cvice:
I. Notn'csloral~le-'l'yl}e I.ink Remove Iht Ihsihlc link and ol}cralc Ibc assoCialcd device Io {'llSlll'e pr.per
liOll. Lnbricale any moving i}arts as necessary,
2. Rcstorahlc-'l'yl~c l.ink Remove the Ihsihlc liuk and operalc Iht associalcd devicc Io ellSlll't' l~oper
lion. Lubricale any moving [}arls as necessary,
INcw
NOTE: Fusihlc dwrmal link dc~cc..'s are commonly nsed ~o close tire d,~s's :,nd
daml)c,'s. They c;in hc a('tllated J)y Ill(' j)resen('(' (if extc'rll;iJ lie';il, whi( h ,:ii,scs :l
clclnellt iii thc link to lust, and by an electric IJlcllnal dcvicc wJJwh, whcll cncl'~izud.
gelle~al¢s heal whhin Ihe I)(.ly of tile link, cansing Iht link to ti,~' and sel)aralc.
h. Extinguishing gyslcn, Alarm Switch Mechanically or eleclrically olJerale Ihe swilch alld vcril~' re(cipt ()1 ni~n;d hv thc
Iro[ panel. Jlq.m NI"PA 721~. ,~-IJ
c. Firc-(;as and Other Dclcctors Fire-gas detectors and Olhcr [h'c deleclors shall hc tested as l)rCscribed hy Iht.
J~clurer and as ncccssarylbr the applicalion.
d. Ileal l)ctcclors: [From NI:I~A 72E. 8-~$
I. Fixed-'l'cmj}crat~u'c and/or Rate- Ileal test with a heal source per mantdhctnrcr's rccommcnd;ilions J0r rcsj)onse
o{~Risc or Ralc-ol~Compensation, within I minute. Precaution should he lakcn 1o awfid (hnnagc to thc nonrcstot'ahle
Rcslorablc l.inc or Spol Type {ixcd-tcmpcratnrc clcmcnl ora condfinaliOn rate-~l~risc/fixcd-lenq~er;.urc
restorable l.inc Type loop resistance. Investigate changes from acccj)liln(:e
3. Fixcd-Tcml)crature, Non- After 15 years, replace all devices or Iai)oratory tcsl Iwo detectors i)cr I00. Rcj)lacc thc
r(.sloral)lc Spot Type two detectors wilJl ii(.w dcvi(:cs. Ifa thiJurc o('('urs ()n atlx (,I lilt. dcic(t()~ r('.l(~v(.(I.
additional deflators shall be rclnovcd ;lli(J Icstcd 1o dctcrlili~lt' cilhcr il gclicl;d
involving thuhy delcclors or a localized problcn~ involving one or two (lcJk'ctivc
Il:rom NFI'A 72E, 8-3 3.1
4. Non~cstorahlc ((;choral) i)o not heal Icsl. Test nlcchanically and clco~icall) fi.'
5. RcstorahJc IJnc Type, Ileal source (where lest chanlhcrs arc in (ircuit) or i)rcssure
I'ncumatic Tuhe Only [From NFPA 72tt, 4-1, and NFPA 72E,
1993 Edition
INSPECTION, TESTING, AND MAINTENANCE 72-103
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
e. Fire Alarm Boxes Operate per manufacturer's instruction. For key operated pre-signal fire alarm
boxes, test both pre-signal and general alarm circuit.
f. Radiant Energy Fire Detectors Flame detectors and spar'k/ember detectors shall be tested in accordance with thc
manufacturer's instrnctions to determine [h;,ll Cil('h detector is Ol)cradvc.
[From NFPA 72E, 8-3.5.1]
Flame de~ector and spark/em~-r detecu)r sensi6vity shall be de~ermined using
either:
(a) A calibrated tes~ medmd, or
th) ~e mannfacmrer's calibraled sensitivity tes~ instrumenL or
(c) Listed control panel arranged fin' thc purpose, or
(d) Odmr calibrated sensitivily test modred acceptable tn t}lc authority Imving juris-
diction that is directly prnportional to IbC inpul signal Ii-mn a lire consislenl with the
detector listing or approval.
Detectors tbund Io be oulside of thc approved raugc nf scnsilivity shall bc replaced
or adjusted to bring d~cm into thc approved range if designed 1o he ticld adiustablc.
Flame detector and spar~cmbcr detector sensitivity shall not be dctcrmiucd using a
light source that administers an nnmeasured quantity of radiatinn at an undelined
distance fi'om lhe delerlor.
[From NFPA 72E. 8-3.5,2]
g. Smoke Detectors:
I. All Types The delecmrs shall he lesled in place lo cnsm'c smoke cmrv into Ibc sensing cham-
ber and an alarm response. Testing with smoke or lisled aerosol acceptable Io thc
manuthcturer, or olivet' means acceplahte to Ibc delector manulaclurer shall he pcr-
mlued as one acceptable test method.
[From NFPA 72E, 8-2.4.1.1]
~ Ensure that each smoke detector is within its listed and marked sensitivity range by
testing using either:
(a) A calibrated test meth~, or
(b) The manufacturer's calihrated sensitivity test insn'umcm, or
(c) l.isled contrnl cquipmenl arranged lot lhe purpose, or
(d) OO~er c~ibmt~ ~nsifivity test meth{~ acceptable m the amlmhty having jurisdicfi{m.
NOTE: The detector ~nsitivity cannot ~ tesled or measured nsing any spray
device that administers an unmeasured conccntrlllion of aerosol intn lhe deleclor.
IFrom NFPA 72E, 8-2.4.2J
2. Air Sampling:
Wilson Cloud Chamber Per manulhcturer's recommended test meth~s, including veriticafiou of sampling
from each method.
Phol~'lectric-Type Verify dcteclor alarm response lhro.gh d~c end s;smpling por~ on each pipe
well as verifying air flow thrnugh all od~er ports.
3. Duct-Type Air ducl detectors shall be tested or inspected m ensmc Ihat linc device will sample the
air stream. 'l~e test shall be made in accordance wid~ thc manutacmrcr's instructions.
~From NFPA 72E, 8-3.4.3 modiiicd~
4. Projected Beam-Type Thc detector shall he Icsted hy introducing smoke, other aerosol, nr an optical fiher
into the beam palh.
[From NFPA 72E, 8-2.4.1.2]
5. Smoke l)ctecmr wilh Buih-in Oper;llc hod~ porlions of dm de~ecmr indcpcnde.dy :is de~:ribcd fin- 0se respec6ve
Thermal Element devices.
I New paragraph t
6. Smoke Detectors with When individual tire detectors are used to comrol II~e opera6on of cqUilmSenl as
Control Outpul Functions pcrmitlcd hv 3-7.1, the conlrol capahilily shall rcm;tin operable even if all of dsc ini-
liahng devices conncoed to Ibc Samcini~iam~g circui~ arc in an alarm stale.
h. Initiating Devices, Supervisory:
1. Control Valve Switch Operalc valve and vcrit~ signal rcccip~ within 0m tirs~ two *evolmions .I Om hand
wheel or within one-tilih of tl~c travel distance, or nl:mutaclurcr's
2. High or Low Air Pressure Switch Operate swilch and vcrit}, that receipt of signal is oblaincd where dsc ~cquircd pres-
sure is increased or decreased 10 psi fi'om tt~c required pressure lex:cl.
[ From N FPA 71, 3-4.4.3 mnditied
1993 Edition
72-104 NATIONAL FIRE ALARM CODE
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
3. Room Temperature Switch Operate switch and verify receipt of sigual to indicate the decrease in room ~,clnpera-
ture to 40°F (4.4°C) and its restoration to above 40°F (4.4°C).
[From N FI'A 71, 3-4A.7 :m~dilicd~
4. Water Level Switch Operate switch and veri[v the receipt of signal indicating thc water level raised or It)w-
cred 3 in. (76.2 mm) tixm~ thc required level withiu a pressure lank, or 12 in. (305
from the requirt~ level ofa nonpressure tank, and ils resloral lO required Icv¢:l.
{t:rmn NI:PA 71. 3 .1 .t-i
5. ~illCl-Tetnpcraturc Switch ()IiCI'lite switch and vcrit? rct't'i[)l of sign:Il lo imlicatc the de( I't'ilSt' ill ~ittt'l
lure lo 40°F (4.4°C) and its restoration lo above 40°F (4.4°C).
I From N FI'A 7 I, 3-4.-I. 7 m~dilied]
i. Waterflow Device:
I. Mechanical. Electrosonic. Flow water through an inspcclor's test Com~t't'tiot~ indicating iht ti{nv of ~V;II('I' e(llla~
or Pressure Type to that t¥om a single sprinkler of thc smallest orillce size installed in thc system, lin'
wet-pipe systems, or an alarm test bypass t'onuet'ti()ll tm'~dry-pipe, })Ft'-acli(}n, or del-
uge systems in accordance widl N FPA 25. Standard/or the Inspectbm. 'lTsting. and
Afai,temmce {~ Water-Based Fire Pr~,tection Systems.
[Front NFPA 71, I-9.5 and 3-.I.2.1; NFI'A 72. 2-5.3 ami 3--t.l.2
14. Alarm Notification Appliances:
a. Audible Measure ~}uud pressure level with sound h'vel illelel' meedng ANSI S-I.,ta, NOtlltd I~'ud
Mt'~rs, Tyl~' 2 requiremenls. Mcasmx' and record levels Ihroughonl prolcctcd area.
IFrom NFI'A 72(;, 9-2. ~
h. Speakers Mt'asurc sound l)rcssut'c level s, id~ SI}filial level nlctel ltit't'titlg ANSI S-I .-I;c, 5otand
Meb'r~. Type 2 re(luircmems. Measure and rec()r(I levels Ihrough()tll j)l'(det lcd ;~l('a.
I Fr(ml N FPA 72( ;. 9-1.2 modified]
Veril)' v()icc clarity.
IFr(}m NFPA 72~.
c, Visible Test in acc()~xlance wids mauulhclurcr's instructions. Verit~ (levite I()('a~(~u~ :tr~'
apprnved lay(mi and c(mlh'm that IiO ~toor pl;In dlanges ;ll]k'{'l Ihe appre>vcd
[From NFPA 72(;, 9-2.2
15. S~ial amrd ~uipment:
a. Aburt Switch (IR[-Type) Operate ahot't switch. Veril~ correct scqucm'c and opcralion.
h. Abort Switch (Recycle-Type) ()potato aborl switd~. Vcri[~ correct iii;llrix dcvelops wilh each st'nsor
c. A~}rt Switch (Special-Type) Ol~ratc alx}rt swilch. Verily correct ~qncnce and operation in accordance w~h
fly havingjufi~ioion. Nolo sequence on as-bulb drawings or in owner's mammal.
d. Cross 7xme Detection Circuit Operate one sensor or detector on each zone. Verily' thiu c~}t'recl sequeltcc oct'lll'S
with Ol)eralion of Iii'st zouc alld l}lell wilh opcraliOll of sc{'()zld 10111%
c. Matrix Type Circuil ()pcratc all south's in syslenl. Vcl'ily lot r{'{'l Ill;Ill'ix develops widl ca{h sc~lsol
[ Release Solenoid Circuit Use solenoid wilh equal currcnl requirements. Vcrif~ Ol}cration of
g. Squibb Release Circuit Usc A(;! flashbulb or other test light acceptable to dtc malsul}~<'tttrcr. Verity
lion of flashbulh or light.
h, Verified, Sequential, or Operate required sensors at a minimum ol I}ml' h~:ations m circuit. Vcrit)' correca
Counting ~ne Circuit sequence with I~th the first and second dclector in alarm.
i. MI Above Devices and/or Circuits Verify su~'n, ision ofcircuits by crea6n~ :m ot,'n ~i~{ uh. N.tc sl~xrili~ tronlllc
16. Transmission and Receiving Equipment,
Off Premises:
a. ~l Equipment Veht~ all system ti~noions and {~aturt~ in actx~rdancc with manulhrturer's
Remove primary power, ;t('lllalC all illilialing dcvi{e, arid vcrit)' l}litt Ibc hlitiating
device signal is received al Ibc moniloring station. {)n completion ot lest, restore
leto to llOl'lnaJ.
~stht'rc lesl jacks are usl'd, the liT'si alld l;tsI Ii'Ms shall t)e lllitde wilJlotll IBc ILS{: ';{'
test jack.
b. Transmitters~Digital Alarm Communi- Vcri~, that the failure of Ow primary transmission [)ath al thc protecled
cator Systems (I)ACS) shall restdl in a trouble signal being transtnittcd via Oic sc{ondary jlalJl lo Iht mcmi
toeing station within 4 minutes of thc detection of the
1993 Edition
INSPECTION, TESTING, AND MAINTENANCE 72-105
Table 7-2.2 Test Methods (cont.)
DEVICE METHOD
I. DACT See 7-4.4.1.
Verity' thc DA(TF is comwcted to lwo scpan~tc lines (nmnhers) al the l)rotcwted premi~s.
In ~urn, disconnect each telephone line at the protected premises and verify local
annunciation and that trouble signals arc transmitted to the monitoring slalion over
the other line (number). Transmission shall be initiated within 4 minutes of thc
detection of the fauh.
2. DA(~R VeritY' thai thc I)ACR equipment is connected t. a minimum of two separate incom-
ing ~clcph.nc lines (numbers). Verily' fl~:, if thc lines 0mmbcrs) arc in a single hunt
group, they are individually accessible.
Usc 7-4.4.2(b).
Use 7-4.4.2(c).
Use 7-4.4.2(d).
3. I)ARR Verify supervision ~f Ibc tbllowing condilJOlls itl Ihe moniloring slaliOll:
(a) Failure of ac power supplying thc radio equipment
(h) Receiver mMfimction
(c) Antenna and interconnecting cai)lc m:flthnction
(d) ! ndication of amomatic switchover of the I)ARR
(c) Dala transmission linc between thc I)ARR aud thc monitoring station.
4. McCulloh Systems Vcri[~' II~at signals arc rix'tired dmmg one of thc fifllowing sign:ding line Ihuh condifi.ns:
(a) Open
(h) (;round
(c) Wire-to-wire short
(d) Open and ground.
17. Emergency ~mmunication ~uipment:
a. Amplilicfflbne Generators Verification of proper switcbing and operation of backup equipment.
b. Call-in Signal Silence O~vate ihn~ion and verify rt~cipt of pm~r visual and audible sigmas at contel panel.
c. Off:hook Indicatnr (Ring Down) Install phone ~ or remove phone from b~k and verify r~eipt of signal at control ~ne[.
d. Phone Jacks Visual inspection and initiate communication path through jack.
c. Phone Set Activate each phone set and verit~ proper operation.
t~ System I'erlbrmance Operate system with a minimum of any five handsets simultaneously. Verify accept-
able wrico quality and clarity. [New paragraphs]
18. Interface ~uipment Imcrihcc equipment connections shall he tested by operating or simulating thc equip-
ment Ix. ing sul~i~d. Signals required to I~ transmitted shall ~ verified al the con-
trol panel. Test t¥cqucncy Ibr intcrlhcc equipment shall I~ thc ~mc as thc I~cqucntT
required by thc applicahlc NFPA Sl~lll({;trd(s) [~H' Ih(' equipmenl hcing supervised.
! 9. Guard's Tour ~uipmenl 'l~sl thc device in accordance with mamffacl~srcr's specifications.
20. S~cial Pr~ures:
a. Alarm Vcrilication Verily lilnc delay and alarm response fi~r smoke dctcclor circuits idcntilied as having
alarm verification.
[From NFPA 721t, 5-1.1 m~ified]
h, Muhiplcx Systems Verily' comnmnicaiion bclwccn sending and receiving unils under both normal and
standhy power.
IFrom NFPA 7211, 6-I.1 modifiedJ
Verily ColllnllifliCallOll I)clwccn sclldiilg and lccciving units tilldCl opcll cilt:uit alid
short-circui{ Iroublc ((Jfld~l~tJilS.
[ From N FPA 72 It, 6- 1.2 moditicd]
%r'cl'it~ communication t)ciwccn sending and zcceiving units in all directions when
muhiplc communication pathways arc provided.
[From NFPA 7211, 6-1.6 modified]
When redundant central control equipment is provided, vcrit~ switchovcr and all
ICqtliFC({ [~lllClions ;llld (l[)Cl';ItiOllS Of sct'ondary conlrol C(]tlipln('lll.
I From N FPA 721 I, 6-1.6.2 moditicd J
Veri~ all system fimcdons aud [~alurcs in accordance with manufacturer's instructions.
{Fr.m NFPA 721t, 6-1.7 modificdl
1993 Edition
72-106 NATIONAL FIRE ALARM CODE
Table 7-3.1 Visual Inspection Frequencies
Init./Reaccpt. Monthly Quarterly Semiann. Ann~
I. Alarm Indicating Appliances -- Supervised X X
2. Batteries
a. Lead-Acid X X
b. Nickel-Cadmium X X
c. Primary (Dry Cell) X X
d. Sealed Lead-Acid X X
3. Control Equipment: Fire Alarm Systems Monitored for
Alarm, Supervisory, Trouble Signals
a. Fuses X X
b. Interfaced Equipment X X
c. l.amps and LEDs X X
d. Primary (Main) Power Supply X X
4. Control Equipment: Fire Alarm Systems Unmonitored for
Alarm, Supervisory, Trouble Signals
a. Fuses X X
b. Intcrthccd Equipment X X
c. I.amps a~d LEDs X X
d. Primarv (Main) Power Supply X X
5. Control Panel Trouble Signals X X
6. Emergency Voice/Alarm Communications Equipment X X
7. Fiber Optic Cable Connections X X
8. Guard's Tour Equipment X X
9. Initiating Devices
a. Air Sampling X X
b. I)ucl I)cleelors X X
c. Electromechanical Releasing I)cvicc X X
d. Extinguishing System Switches X X
c. Fire Alarm Boxes X X
f. Ileal Detectors X X
g. Radi;ml Energy Fire l)electors X X
h. Smoke Dcleclors X X
i. Supervisory Signal Devices X X
.j. Watcrtlow Devices X X
10. Interface Equipment X X
I I. Remote Annunciators X X
12. Special Procedures X X
13. Transient Suppressors X X
14. Transmission and Receiving Equipment -- Off Premises
a. All Equipmc~t X X
b. DA(Z' -- Telephone Linc X X
c. DACR -- Telephone Linc X X
d. I)ACR -- Signal Receipt X (DAli)/)
1993 Edition
72~107
~sp~c~'to~,-r~sx~c, ^~o M.~
. ' dust and dirt m~y advers~b~.
~ effect device and apphaut~ perfor of equipment and the
~-3.2' Testing. Testing hall be performed in accordance 7-4.2 Any accu. mulaS~o~.?f mance. The irequenO o,
chapter or more fi-equendy where conditions. 9-4.1
with the schedules in this having jurisdiction- Where auto- cleaning will depend on the type moditicdl
re uired by the authority at least weekly by a remotely mon- local ambient /From NFI'A 72E. 8-4.1, and NFPA
m~tic tesung ~s pet tormed listed tbr the appli-
itored fire alarm control unit specifically 7~1~,;2
nual testing frequency shall be pern6tted to be
extended to a~ttau)'- to'- IFrom NFPA 7211, 4-1 main~an* n~ r , ' " '~ '
., .. are i,ac(es.sible/Or s,/i'tx' con- i)romptly as possible alicr each test and alal'ln ;t~td kept m
. , · ,.. ~ . -. ' ,' e.-' normal conditim~ tin' opcra6m~- All test signals received
q .erations..such as ~,~. t., ~.,0' ~,al.~ nt~l''°ve<l v) - shall bc rccordcd ~o iudi~alc dale. 6n~e. and lype.
ill' h.vi.g j. ri.sdi(t.m. IN°'l . . . ...: .. 'ssion means as dcih~cd i~ 5t. cliot~
' . .... .''" v shall bc checked wid6n I 7-4.4 Iht ,c,tt m.'t??..x..,is ot'l~ol u,o,'e II).tu 1~ hours. Thc
indic;tic thai thc detector has remained ,ali ..... Wh ,r,' Ih' ,,,t,,n.,,,,.x.'"'" "," "'rk~] Io co,/i,'m its
dctct.lt)~--cat~st'd Alam~ ~mmuntcator Transmtttcr (DAgl~cwI
of these ;tlar~s shall hc m;tint;d~cd. In 7.o11c t)l' ill ill'fltS ·' ~'
whcl'c ttt/WitlllCd alin-iIIS show ally illCt-Cilst' oxet' thc prt'vi- 7~.4.1 Digital
. .. -'. -; ;hie of sei/h*g the lelt'l~h°t~t' line
ous year. c;dibraliuu tcsls shall be pertk,l'tnt'd. . . . ,-'
To ensure thai each smoke dcteclor is ,vitlm? its lis, cd P0 Verily iht DA(.,I tst ?.t..cd ,,remi~'s. dtaonu~.ttmg
(going on-,u..~, '-: ...G,4umc call, an0 Inc'~' ....
and marked scnsiliVily range, h shall I)c tested using either: "' ,]-~ &.; -~1 lilt' prolctt i ....... 6,~ its tt~'
{I)) Thc ntitntii~ttlt~t'el"s calil~vatetl sensitivity ~est iusl]'u- out~oln~ cans . ~ il:tom NFI'A 71.5-11
· s the means to satisfactorily
II,tilt, of . obi'tiLl 'm available di;tl lone, (llal t,,t
(c) t.isted control equipment arranged lin' the purpose, or (h) Vcril~ the DACT ha. ,. , ,~,,, numher(s) nf thc
smoke dclectur/conlr°l unit arrangement whereby ,
(d) A signal at thc control unit where its DACR, obtain vcvilic;ttion th;tt thc DACR is ready
Ibc detector causes a . receive signals, trlmsnlit thc signal, and receive ackm>wl-
sensitivity is outside its acccptal)lc sensitivity range, or
(e) Other calibrated sensitivity LeSt method acccptalfle lo cdgmcnt lhat thc DACR has accepted thc signal.
cvcttt shall II~c thnc from going oIlkhook ~o on-hook exceed
thc authority having jurisdiction. 90 seconds per attempt, rcsCt
Detectors found Io have a sensitix'itv outside Ibc listed
and marked sensitivity range shall he 'cleaned and rccali- (c) VeL'il3' Ibc I)A(TI' has a sni~ahle means to
relry il' thc tirst attempt to complete a signal transmissiot~
brated or replaced- ad}.stable m.y be either sequem:C is unsucccsSlhl. A t~tilurc to complete conneCtiOn
~ , ion: Deteclorx listed ns field .sensitivits re.g,', clc. nrd, il' such ;ditrm is gL*IteraTed I't'oln ;thy othcl' initiadng dcvke
,d within lite l~led a~d m.~l.d cir( ui~. Addilional ;trio]hi>ts shall bc st~;l¢lt' until the signal
,qntq~::tt'calib,.,,led. or ,.,,/d,c,'d. t,.ansmissiott seq,lcucc hns hcctl completed it, a ,,,i,,i,ntt'"
Thc detector scusitivilv shall not hc tested or measured
nsittg any device that ad~is~istevs at~ tttu~casured col~ctq~- of tive ami it I~;~Xisntttn o{ Ict~ attempts.
7-3.2.2 'i'cst I'rcquc]lcY of inlcrl~tccd cqt61nuent shall bc
thc same as spcciticd hy Ibc applk:ablc N FI>A standards 10~ made ;ti Iht? premises-
(e) Verify the I)A(;T is connected to two separate
the cquipmcnl being snpcrviscd- t,umhc*s) ;*~ thc I' ~>lc~ tt'<l In'cruise by disc(mnecliug thc
St?Colld;L]'V iI-illlSllliSSiOII Of Iht: DAC'I'. Thc DACT sh;dl
cvcnl of I'aihn'c ht cid~cr Omc nmnhcr).
7-4 Maintenance- lt:x'om NFPA 7211. t-ii pr()lCClCd 1)vemist:s shall bc nm~ttncialcd ;tt thc protected pre-
72-108 NATIONAL FIRE ALARM CODE
Table 7-3.2 Testing Frequencies
Table
Inlt./Reaccpt. Monthly Quarterly Semiann. Ann. Refe~ eace
1. Alarm Notification Appliances 14
a. Audible Devices X X
I). Speakers X X
c. Visible l)cviccs X X
2. Batteries -- Central Station Facilities
a. Lead-Acid Type 6b
I. Charger Test X X
(Replace battery :is needed.
2. l)ischargc Tcs! (30 min.) X X
3. l,oad Vohagc Tcst X X
4. Spccilic (;rarity X X
Il. Nickcl-Cadnliunl Typc
I. Charger Tcs! X X
(Rclfl:,'c I);lllcrv :is lit'cdt'cl.
2. I)ischargc Tcsl (30 min.) X X
3. I,oa(I \'oh;igc Tcsl X X
c. Scaled l,cad-Acid Type X X 6d
I. Chargcr Tcsl X X
(Relflacc I)iltlcq'y :IS m'c(Icd.
2. I)ischargc 'i'est (30 nmi.) X X
3. l.oatl Vohagc 'l'csl X X
3. Batteries -- Fire Alarm Systems
.. /.cad-Acid Tylw fib
I. (:h;u'gcr 'l'cst X X
(Replace I)am'ry :is iIccdcd.
2. Discharge 'l'cs~ (30 min.) X X
3. Ix)ad Vohage Test X X
4. Spec:tic Gravily X X
b. NickeI-Citdmimn '['yl)c .~k'
I. Charger Test X X
(Replace I)attcry ;is nccdcd.
2. l)isdmrge Tcsl (30 min.) X X
3. Load Voltage 'l'csl X X
c. Primary Type (Dry Cell) 6a
I. l,oad Vohagc Test X X
d. Sc;Ilcd I,c;,I-Acid 'l'yj..'
I. Charger Tcsl X X
(RcpJacc battery cvcry 4 ycars.)
2. l)ischargc Tcs! (30 min.) X X
3. I,oad Vohagc Tcs! X X
.!. Baiter:cs -- Public Fire Alarm Rcporllng, fix'stems X (ii\Il.Y)
Voltage tests in accordance with Table 7-2.2, Public Reporting System Tests, paragraphs (a)
a. l,cad-A(:id Type
I. Charger 'l'cst X X
(l~,cpla('c b;ttlcry :is nccdcd,
% l)is('hargc 'l'csl (2 hours) X X
3. l,()ad Volt:igc I'csl X X
,t. 5;pccillc (;rwcity X X
b. Nick(-I-(~a(hmum 'l'yl)c
1. (~hargcr Tcsl X X
(Replace battery ;is ncc(lcd.
2. I)ischargc 'l'csl (2 hcmrs) X X
3. Load Voltage 'l'csl X X
c. Scaled l.ead-Acid Type (itl
1. Char~er Test X X
(Replace [);ttlcry ~i5; .cc(lcd.
2. Discharge,Test (2 hours) X X
3. Ix)ad Vohagc Tcs! X X
5. Conductors/Metallic X I
6. Conductors/Nonmetallic X I
1993 Edition
1NSPECTION, TESTING, AN D MAI NTENANCE 72- 109
Table 7-3.2 Testing Frequencies (cont.)
Table 7-2.2
Init./Reaccpt. Monthly Quarterly Semiann. Ann. Reference
7. Control Equipment: Fire Alarm Systems Monitored for
Alarm, Supervisory, Trouble Signals I. 7
a. Ftmcli(ms X X
b. Fuses X
c. lnterthced Equipment X X
d. I,amps and I,EDs X X
c. I'rimarv (Main) Power SuppIx X X
E Transpomtc~ n X X
8. Control Equipment: Fire Alarm Syslems Unmnnilored
Alarm, Supe~isory, Trouble Signals I
a. Ftmctious X X
b. Fuses X X
c. lmcrthccd Eqnipnwn~ X X
d. l~mps and LEDs X X
c. Primary (Main) Power Supply X X
f. Transpomlcrs X X
9. Control Unit Trouble Signals X X 9
10. Emergency Voice/Alarm Communications Equipmem X X 17
11. Engine-Driven Generalor X (WEI(KI.Y)
12. Fi~r Oplic ~ble Power X X 19
13. Guard's Tour Equipmenl X X
14. Initiating Devices 13
a. Duct Dclcclors X X
b. Electromechanical Releasing l)evR'c X X
c. Extinguishing System Switches X X
d. Fire-Gas and Other l)elcclnrs X X
c. i leal l)clct'lors X X
f. Fire Alarm Boxes X X
g. Radianl Energy I:i~x' I)c,:t,,'s X X
b. Smoke Detectors - Fm~clional X X
i. Smoke I)ctcclors - Sensitivity
(See 7-~.2.1.)
.j. Suj)crvisory Signal l)evi('cs X X
k. Watcrllnw l)cvi(:cs X X
15. lnlefface ~uipment X X I
16. Off-Premises Transmission Equipmenl X X
17. Remole Annunciators X X I
18. Retransmisslon Equipment X (See 7-3.4.)
19. Special Ha~rd Equipment X X 15
20. Special Procedures X X 20
21. System and Receiving Equipmenl ~ Off-Premises 16
1. J:.m~io~;d -- All X X
2. 'l'ra:tsmhlcrs -- WF & ~tq)t.~viso~ } X X
'3. Transmillcrs ~ All ()lhcrs X X
4. Receivers X X
b. Slandhv I,oadi,g -- All Receivc~s X X
c. Slamlby I'owcr
I. Receivers -- All X X
2. Transmiucrs ~ All X X
d. Telephone i,inc. ~ /MI Receivers X X
c. Telephone I,inc ~ All 'Fl'inlsllliltcFs X X
base. TF. STIN(; ~ItAI.I. BE DONE UTII.IZIN(; TIlE SI(;NAI.IN(; STYLE CIRCUI Ih
'[cchnit;d (;(llllllllllt'~' in I:.wm;d InlcrpTel;~ti,)n 79-~ .n XI:I'A 721) ;iTld F(,~m;d hllrXl)~Clali.n ST-I (m NFPA 72A.
Anal.g lypc dclc(lo~ s shall bc IcSlcd wilh Ihc samc Crilt'rii~.
IFrom NFI'A 72tl. 4-1 moditivd1
1993 ~dilion
72-110 NATIONAL FIRE ALARM CODE
7-4.4.2 Digital Alarm Communicator Receiver (DACR). 7-5 Records.
(a) Verify that at least two separate incoming telephone lines [From N FPA 71, 1-l0 modified]
are in a hunt group and are individually accessible. These lines
shall be used for no other purpose than receiving signals from 7-5.1 Record of Inspection. A permanent ce:ord of ali
DACTs. These lines (numbers) shall be nnlisted, inspections, testing, and maintenance shall ~:e provided,
(b) The failure of any telephone line (number) con- which includes the fi)lit)wing infi)rmation of pcrioctic
nected to the DACR due to loss of line voltage shall be and all the applicable intbrmation requcs~e(~ in l:'igt.'c
7-5.1.
annunciated visually and audibly in the central station.
(c) The loading capacity for hunt group shall be in (a) Date
accordance lo Table 4-2.3.'2.2.'2.3 or he capable of dcm(m- th) 'l'cst I'rcqut:ncy
strating a 90 percent probalfilit) of immcdia~cl) ansx~c~i~tg (c) Name ol I)ropcrly
~t~e incoming call.
UL) Address
(d) Verify a signal is received on each intlivi(hlal iht'Om-
lng DARC line at leas( once every 24 Jlours. (c) N~tnl~- of person pc'rtbrnfing inspt'cli~n,
nancc, :lnd/or tests, alliliation, bnsincss ad(h'ess, and tole-
(e) Thc veritication of the 24-hour DARC line test phone
should be done early enough in the day to allow repairs to
be made by the telephone company. (t) Apl)roving agency's(its') name. address, and rcprc-
scnlal irc
7-4.4.3 Digital Alarm ~dio System (DA~). tg') l)csignation of thc delt'ClOl'(S) tested ('"['c'~[s
(a) When DARS is used, verily that when any I)ACT sig- J~lrlncd in accordance widl Section ")
nliJ {I'~IISIIIJSSJOIi iS UllSUCcessJ~iJ, iht- JllJ~)l'nlilJJOll JN il'ails- (il) J;llllCtiOll~lJ Jr'SC OJ' dc'lt't'l{ws
Inilled J)), ineallS of lhe i)ART. The I)ACT shall conlJnue
ils nornlaJ [ransnlissJon as re(jnJred. (i) (~ht't'k ol'~lll sl~lokt' delt't'lors
(j) I..ol) I't'SiSiall('{' t})l' ;ill fixed lt'nll)cr;tltn't' line
(b) Thc fifihu'e of thc Iclcphonc linc al ~llc proteclcd be;il lJelt'l'lOl'S
premises shall resuh in a Irouble signal being transmilled
to thc central station by mcaus o1' thc I)ART within 4 min- (k) ()lht'l' Ii'Sis ;is rcqttircd by t'qtfipmem iii;tlllll)lcltllCl'S
utes of the detection of the lhuh. (I) Other ~csts as required by thc authorib' h;~via~g juris-
(c) k~ch D~T shall amomafi~fily initiate and complete a diction
lest transmi~ion ~XlUenCe to ils as~ialcd DARR al Icasl once (m) Signatures of tester ;nld approved anthorily
every 24 hours. A succcssliil DART signal transmission sentative.
~ucnCe of any ofi~cr tyi~ shall ~ considered sullicicnt to tkfi- INt'w
fill the r~lniremenl .) test integrity ~fl' the rel~)ning syslenl, if
signal price, sing is automaled so that 24-hour delinquencies
must ~ acknowl~g~ by centnfl statism pemmncl. 7-5.2 Permanent Records. After succcssfid complct[cm
Il:rom NI:I'A 71. 5-51 accelmmCc tests satisl~clory to thc authority having ~t~ris-
7-4.4.3.1 Digiml Alarm ~dio R~elver (D~). operation and mainlcn:m('c m;~nuals, and a
sequence of operation shall be provided Io Iht building
'Vcril~ snpcrvision in thc ccnlral station of thc I~llowing owm.~ m' his dcsignatcd rcl~csc~l~lix'c. Itl
(a) i"ailnrc ot'ac power SUl~plying ~hc radio equil)mere vi(Iud tier ~hc ~wm'r .r a dcsigm.c(I rCln'Cscm:.ix'e. It
I)e the ~csponsibilib' .t'thc OWllCl' I1~ nJain~.in ihcsc re~
(b) Receiver mallhnction Ibr tl~c lil~ of system and to kccp IJleln ;Jvailab~c tbr cxa~s~-
(c) Antenna and interconnecting cable mail,motion ination by any aulhority having.jurisdiction. Paper or cleo
(d) Indication of automatic switchovcr of thc I)ARR
II"r.m NFI'A 72. 10-2.,I, ;md Ni"~A 721t. 2-1
(c) i)ala lransmission line helwcen tl~e I)ARR and the m.,lificdl
ll:r-m NFI'A 71. ;~-71 7-5.3 ~Vlic~c ()Jl-j~umistt m~)~lil~Iiilg i~ l.~vidud, recmds
.I sig.als. ~csls, and .i)crati.t~s rc('.~dcd a~ Ibc
74.4.3.2 McCulloh Systems.
center shall be maintained tbr not less lhan ~ m()nths.
Veril~ that when end-to-end metallic conlinuity is Upon rc(t~cst, a hard(:opy record shall he available
present, proper signals shall hc received From other points cxatt~inalion t)y thc auth.rity having .jtirisdi(li(m. I~aj>cl
under one of the lbllowing signaling linc thuh conditions at electronic media shall be a('(:Cl~tablc.
olle point in the line: I I:r.m NFI'A 71, I-4.3 modified]
(a) Open
(b) Ground 7-5.4 Where thc operation of a device, circuit, control
panel Ihncti~n, or special hazard s)'stcm inter[~.'c is
(c) Wire-to-wire short lated, it shall be noted on thc ccrtitiCate that thc operation
(d) Open group, was simulated and who it was simulated by.
[From NFPA 71, 6-1] [New
~3 Edith
[lTV DF DEI. Rfl¥ BEII[H
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
TO: Susan Ruby, City Attorney '
FROM: Eric D. Hightower, Police Legal Advisor
DATE: October 6, 1994
SUBJECT: ALARM ORDINANCE
Enclosed for your review is the revised ordinance. I have
included the previous ordinance printed by Alison MacGregor for your
reference as well.
For your information the following is a list of changes that were
agreed upon at the meeting chaired by Mr. Harden. They are as follows:
I. Section 112.03
A. Alarm Business was deleted as it was decided not to regulate
the Businesses under the ordinance. In discussing this with
Lula Butler, it was found that such businesses are heavily
regulated under F.S. 489, Rules of the Department of
Professional Regulations County Regulations and our
permitting process.
B. Alarm Permit - Throughout the ordinance you will find that
the word permit has been changed to registration. This was
at the suggestion of Mr. Harden so as to distinguish it from
our other permits.
C. Fee was deleted as we felt it was unnecessary to define the
term. The term is self explanatory.
II. Section 112.04
A. Sentence structure was changed to clarify meaning.
SUBJECT: Alarm Ordinance
October 5, 1994
Page 2
III. Section 112.O6
A. Mr. Harden wants City property regulated by the ordinance
thus that exemption was deleted.
B. It was decided to exempt indoor smoke detectors from the
ordinance thus the inclusion of sub-section (B).
IV. Section 112.20(A)
A. Ail fines under the ordinance will be called late charges,
per Mr. Harden's request.
B. Since the late charges will be an additional burden upon the
applicants and time periods are involved, it was felt that
relief before the Code Enforcement Board was appropriate.
Personally, these fines will be considered late charges. I
do not feel Board relief is needed. I would appreciate your
thoughts on this matter.
C. Under Section 112.20(C), it was decided that the renewals
would be $15.00 and not $25.00 as it is for new
registrations.
V. Section 112.24
I felt that a time period for requesting a hearing with the City
Manager needs to be included so as not to have undue holdovers.
Additionally, I felt the Manager's decisions need to be in writing
and mailed to the applicants to insure due process.
VI. Section 112.26(C)
It was felt that the fine was to excessive a penalty for failure
to return an "Affidavit" and that the disconnect penalty of
Section 112.28 was appropriate. In the case of mandatory fire
alarms, the fire safety code pursuant to F.S. 633.025(3) would
come into play for enforcement.
VII. Section 112.27(C)
A. This was deleted as we felt one set of fines should cover
all situations.
B. Section 112.27(E) The collection fee was reduced to eight
percent (8%) because it was felt thirty five percent (35%)
was to high.
VIII. Sections 112.40 to 112.45 - Refer to Roman Numeral I(A) for the
reasons as to the deletions of this section.
SUBJECT: Alarm Ordinance
October 5, 1994
Page 3
IX. Section 112.53 - I altered the language to comply more with our
standard liability clause from F.S. 768.28. I feel the language
now will state clearly our position as to the City's duties under
the ordinance.
X. Section 112.99 - This was deleted as Section 10.99 already
provides a penalty.
Please let me know your thoughts and any changes to the ordinance
as soon as possible, so the ordinance may be placed upon the Commission
Agenda for approval.
EDH:lbg ~ /~' ,
MEMORANDUM
To: David T. Har~~ Manager
From: Joseph M. Saf~nance Director
Date: September 15, 1~94
Subject: Comments on ~larm Systems Ordinance
The Finance Department would have the following comments on the
Alarm Systems Ordinance:
1. The ordinance differentiates between fire and burglar alarms
in that the "Enforcement Official" is either the Police Chief
or the Fire Chief. Upon activation of an alarm, this person
is to contact the person identified in the application. What
if an alarm is a combination unit? Who is responsible?
2. The application is made to the Chief Building Official, the
notification of an alarm is made by the Enforcement Official,
the false activation report is made by the Enforcement
Official, and the Affidavit of Service/Repair is received by
the Enforcement Official. So who specifically is responsible
for billing the citizen the $500.00 fine if they don't return
this affidavit? Who specifically bills the citizen for any
false alarms?
3. What department is responsible for billing and collecting the
annual fees?
4. Are there going to be separate billing processes for fire
alarms and for burglar alarms?
5. Who specifically is responsible on an annual basis for
reconciling those citizens that had false alarms and thus
will be charged a renewal fee vs. those without alarm
callouts that would not receive a renewal fee?
6. Who specifically is responsible on an annual basis for
reconciling those citizens with multiple alarms (with and
without follow-up affidavits) for which various different
renewal fees are to be charged?
7. Whose departmental budget is responsible for the various
application forms, renewal forms, Affidavits of Service and
Repair forms, notices, etc.?
8. Who specifically would be responsible for the 35% assessment
fee for delinquent payments and the attendant revised
invoices and notices?
9. Does the fact that the Police or Fire Enforcement Official
can direct the disconnection of an alarm system for
delinquent fees, etc. put the City in a potential liability
exposure risk in the event of a fire or burglary after the
disconnection even though we notified the owner in writing?
What if the owner is on vacation or in residence at another
out of State location for an extended period and does not
receive local mail service?
lO.Can we make it unlawful to disconnect a safety device such as
an alarm without incurring liability exposure?
ll.The ordinance provides that the Chief Building Official shall
copy the Police Department on all alarm applications for
companies or individuals entering into the alarm business.
What about the Fire Department if they are also designated as
Enforcement Officials?
Please contact this office if there are any questions regarding
this response.
[ITY OF DI LIII:IY B[A[H
CITY ATTORNEY'S OFFICE ~'~° '~¥ ~' ~'~' ~"~'~ ~'~'~'~" ~'~°~'~^ ~"
FACSIMII.E d07/278-,1755 w=it~ ' S Direct L.ine
D~[R~Y8~C~ (407) 243-7090
lll.lme~ca Ci~
Da~: Octobor 17, 1994
1993
To: David T. Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: Alarm Ordinance
Attached is a memorandum from Eric Hightower to Susan Ruby
outlining the revisions to the proposed alarm ordinance. I
reviewed the revised ordinance and have no further additions
or deletions. Pleas review the ordinance, and if you find
it satisfactory, place it on a Commission agenda.
Please call if you have any questions.
DNT:smk
Attachment
cc: Eric Hightower, Police Legal Advisor
alarm.tint
Printed on Recycled Paper
ORDINANCE NO. -94
AN ORDINANCE OF THE CITY COMMISSION OF TIlE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITHIN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City of Delray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance."
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems.
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the conte>ct clearly indicates or requires a different meaning:
"ALARM". The sound or signal of an alarm system.
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation.
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
"AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
"ENFORCEMENT OFFICIAL". As to security/burglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists. An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user.
"REGISTRATION". On an annual basis, the period from October 1st to
the 30th day of September of the nero year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
".REQUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBITIONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible security/burglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited.
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REQUllRED; FEE~ TERM OF
REGISTRATION~ NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration. Any new system shall be
required to have a sepearte installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration from
the city shall be issued a notice of violation and that person shall have ten (10) days from
the date of the notice of violation to make application for the registration. If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
($50.00) or an appearance before the Code Enforcement Board.
(B) A registration fee of twenty-five dollars ($25.00) shall be charged
the alarm user by the city for each alarm registration issued. The registration fee shall not
be prorated based upon when, during the registration period, the alarm registration
application is made or the fee is paid.
(C) Alarm registrations must be renewed each year and shall be in effect
from October 1st to the 30th day of September of the next year. A renewal registration
will be issued after completion of an application form and payment of a fifteen dollar
($15.00) renewal fee.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
(E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an alarm registraton is assigned shall require a new registration application and a
fee of twenty-five dollars ($25.00).
Section 112.21 APPLICATION FOR ALARM REGISTRATION~ REPORTING
CHANGES TO REQUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated. Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
twenty-five dollars ($25.00).
03) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises.
(2) The name, address and telephone number of the applicant, if
different from the property to be serviced.
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
aPter receiving a request from the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection 03) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10.00).
(D) Immediately upon receipt of a registration and prior to the
activation of any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
SECTION 112.22 DUTY OF PERSON NOT]~-~[ED TO PROVIDE ACCESS TO
PREMISES~ RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112.28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION~ DECAL REQUIRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $25.00 registration fee.
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain ~he alarm user's registration number. This decal must be prominently posted at or
near th~ front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure.
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fi~een (15) calender days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. At, er taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
Section 112.25 FALSE ALARMS PROHIBITED~ EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice.
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission from the
appropriate enforcement official.
Section 112.26 RESPONSE TO ALARM~ ALARM USER RESPONSIB[LITY~
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system(s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112.21 .of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00). The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report".
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of Service/Repair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of Service/Repair" within said
fif[een day period which is satisfactory to the enforcement official will result in a
disconnection per Section 112.28 or enforcement action in the event of a reqiuired Fire
Alarm System per F.S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE; FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period. Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period.
Number of False Alarms or Alarm Malfunctions Fees
Fourth ....................................... $ 50.00
Fifth ......................................... 100.00
Sixth ......................................... 100.00
Seventh and above ............................... 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess Of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City of Delray Beach in enforcement of this chapter.
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee; or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter; or
(3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes at~er being notified to respond, if such failure to timely
appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fi~een (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affirmed the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 112.99, the penalty being cumulative to other
administrative remedies provided for in this chapter.
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises. In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection af an alarm system, after the order to disconnect said system, a reconnection
fee of fifty dollars ($50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days from the date of the activation
of that alarm system, but shall apply from and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured from the date shown on the application for alarm registration required by
Section 112.2103)(5). The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112.20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fines assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
The City, 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
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shall not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
10
to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
11