The following words and terms shall have the
following meanings:
The period from January 1 until the next succeeding December
31, except for the first year during which an alarm permit is issued
which year shall commence on the date of permit issuance and shall
end on the next succeeding December 31.
A.
In the event the activation of any alarm system is
deemed to be a nuisance alarm, the owner shall be served with an alarm
activation report by a police dfficer or member of the Fire Department
or enforcement official indicating that the activation was deemed
to be the result of a nuisance alarm.
B.
By being served an alarm activation report, the owner
is then required to return a completed report of service/repair within
15 days of receipt of the alarm activation report to verify, to the
reasonable satisfaction of the enforcement official, that:
C.
Failure to return a report of service/repair within
said fifteen-day period, which is reasonably satisfactory to the enforcement
official, shall result in assessment against the owner a fee of $50
for a residential system and a fee of $250 for a commercial system
for each nuisance fire alarm.
A.
The provisions of this section shall not apply to
any newly installed fire or burglar alarm system for a period of 45
days from the date of installation, but shall apply from and after
the expiration of the initial forty-five-day period following installation.
B.
Should any fee assessed pursuant to this chapter remain
unpaid in excess of 90 days from the date fee is billed, a late fee
in the amount of $100 shall be assessed and shall be payable by the
owner of the premises in addition to the original fee.
C.
False alarms.
(1)
No fee shall be assessed for the first two false alarms at the same premises responded to by the Fire or Police Department during each calendar year. Thereafter, the owner shall pay the following fees for false alarms responded to by the Fire or Police Department at the same premises during each calendar year, except when the alarm business is responsible for the false alarm per Subsection C(2).
(2)
The alarm business shall be assessed a fee of $100
if an enforcement official determines that a false alarm was directly
caused by an on-site employee or representative of the alarm business.
In this event, no false alarm shall be counted against the owner.
(3)
False alarms activated by any components connected
to the alarm system shall be included in computing the total number
of false alarms for purposes of this subsection.
(4)
The activation of an alarm system will not be considered
a false alarm if the alarm is activated due to malicious causes beyond
the control of the owner.
(5)
The following fees shall be assessed for false alarms:
|
Commercial Fire Alarm Systems
| ||
|---|---|---|
|
Number of False Alarms
|
Service Fee per False Alarm
| |
|
First or second
|
No charge
| |
|
Third
|
$50
| |
|
Fourth
|
$100
| |
|
Fifth and above
|
$250
| |
|
Commercial Burglar Alarm Systems
| ||
|---|---|---|
|
Number of False Alarms
|
Service Fee per False Alarm
| |
|
First or second
|
No charge
| |
|
Third
|
$50
| |
|
Fourth
|
$75
| |
|
Fifth and above
|
$100
| |
|
Residential Fire Alarm Systems
| ||
|---|---|---|
|
Number of False Alarms
|
Service Fee per False Alarm
| |
|
First or second
|
No charge
| |
|
Third
|
$50
| |
|
Fourth
|
$75
| |
|
Fifth and above
|
$100
| |
|
Residential Burglar Alarm Systems
| ||
|---|---|---|
|
Number of False Alarms
|
Service Fee per False Alarm
| |
|
First or second
|
No charge
| |
|
Third
|
$50
| |
|
Fourth
|
$75
| |
|
Fifth and above
|
$100
| |
D.
Nuisance alarms.
(1)
The enforcement official may waive one nuisance alarm
assessment if the owner submits a report of service/repair within
10 days of the nuisance alarm.
(2)
In the event the premises are equipped with a fire
alarm system with over 100 alarm-initiating devices, the enforcement
official may waive one nuisance fire alarm per calendar year.
A.
Any person who shall fail to comply with any provision
of this chapter shall be deemed to be in violation thereof. A violation
of this chapter is deemed to be a violation which shall be punishable
by a fine not exceeding $250 and/or up to 15 days in jail.
B.
The enforcement official, however, shall have the
right to collect any amounts due and owing under this chapter by civil
proceeding, in addition to any other provision and penalties contained
herein.
A.
An owner or fire alarm business may appeal the assessment
of fees to the Town of East Fishkill Alarm Review Board. An appeal
fee of $5 shall accompany the appeal. Appeal fees will be returned
to the owner or fire alarm business if the appeal is upheld. The owner
or fire alarm business shall file a written appeal to the Alarm Review
Board by setting forth the reasons for the appeal within 20 days after
notice is mailed. Pending the appeal, the assessment of the civil
penalty is automatically stayed.
B.
An owner to whom a notice to disconnect or activate a fire alarm system was mailed, pursuant to § 57-10B, shall be entitled to appeal the order to the Town of East Fishkill Alarm Review Board. An appeal must be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn. The appeals shall be made within 20 days after notice to disconnect is mailed to the owner. The Alarm Review Board shall review the facts and circumstances and shall determine whether the owner has shown good cause why the order should be withdrawn. If the Alarm Review Board affirms the order to disconnect or deactivate a fire alarm system, the owner shall have 15 days after the written decision is mailed to the owner 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 Alarm Review Board.
C.
In the event the appeal is not upheld, the owner or
fire alarm business shall also be responsible for any fee assessed
to reimburse the alarm review for any legal fees or costs incurred
by the Building Inspector in enforcement of this chapter.
D.
The Alarm Review Board shall be appointed by the Town
Board and shall conduct a hearing upon 10 days' notice to all parties
with respect to any notice of appeal filed herein. At the hearing,
the Building Inspector will present such evidence as available to
show that the alarm was either a nuisance alarm or a false alarm.
The owner shall be afforded the opportunity to present evidence and
call witnesses.
E.
The Town Board, on an annual basis, shall designate
an Alarm Review Board, which upon filing its oath with the Town Clerk,
shall hold and conduct hearings as required. The Board shall be comprised
of a member of the Fire Advisory Board, a member of the Police Department,
a member of the Town Board, one representative of the community, and
a representative of the alarm industry to be selected by the Mid-Hudson
Alarm association.
F.
The Alarm Review Board shall hold hearings at such
time as it deems necessary or when requested by the Building Inspector.
Such hearing shall be convened within 15 days of request and shall
provide a minimum of least 10 days' prior written notice sent by certified
or registered mail, return receipt requested, to the applicant or
permit holder.
Any information supplied to the Building Department
or Fire Department shall be held in confidence by all employees or
representatives of the enforcement official and by any third-party
administrator or employees of a third-party administrator with access
to such information.
Registration of a fire alarm system is not intended
to, nor will it, create a contract, duty or obligation, either expressed
or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained.
When registering a fire alarm system, the owner acknowledges that
fire department response may be based on factors such as: availability
of fire department units, priority of calls, weather conditions, traffic
conditions, emergency conditions, and staffing levels. The Town of
East Fishkill, its officers, employees and agents shall not assume
any duty or responsibility for the installation, maintenance, operation,
repair or effectiveness of any privately owned fire alarm system,
those duties or responsibilities being solely those of the owner of
the premises.
