[HISTORY: Adopted by the Common Council of
the City of Port Jervis 3-24-1997 by L.L. No. 3-1997 (Ch. 3 of the 1981
Code). Amendments noted where applicable.]
The purpose of this article is to establish
standards and controls of the various types of intrusion, holdup and
other emergency signals from alarm devices that require police response,
investigation and safeguarding of property at the location of an event
reported by and/or signal-transmitted, telephoned, radioed and otherwise
relayed to the police by an alarm device or by any person acting in
response to a signal actuated by an alarm device.
The Council hereby declares that the legislative
intent of this article is to apply its provisions to any business,
firm, corporation or other commercial entity that is in the business
of owning, operating, maintaining or installing an alarm device or
devices or a dial alarm device or devices designed to summon the police
to any location in response to a signal or other transmission generated
or produced by such devices.
As used in this article, the following terms
shall have the meanings indicated:
Any device which, when activated by a criminal act or other
emergency, transmits a prerecorded message or other signal by telephone,
radio, central alarm station or audible or visible signal designed
to cause any person within audible or visual range to notify the Police
Department requiring their emergency response.
Any police alarm device or aggregation of police alarm devices
installed on or within a single building or within more than one building
or area adjacently located on a common site, at a specific location.
The written authorization of the City of Port Jervis granted
to any person to engage in the business of installing and/or servicing
police or medical emergency alarm devices in the City of Port Jervis
pursuant to the provisions of the Code of the City of Port Jervis.
Any person, business, firm, corporation or other commercial
entity which is in the business of owning, operating, maintaining,
installing, leasing or selling a police or medical emergency alarm
device or devices, which person, business, firm, corporation or other
commercial entity is, as owner, operator, provider or maintenance
service, installer, lessor or seller of said device, devices or system
of devices, licensed pursuant to the requirement of the Code of the
City of Port Jervis.
Any facility operated by a private firm that owns or leases
a system of police alarm devices, which facility is manned at all
times by trained operators employed to receive, record and validate
alarm signals and to relay information about such validated signals
to the police radio dispatch room when appropriate.
Any police alarm device which is a telephone device or telephone
attachment that automatically or electronically selected a telephone
line connected to a central alarm station and reproduces a prerecorded
message to report a criminal act or other emergency requiring police
response.
Any police alarm device connected directly by leased telephone
wires from a specific location to the police radio dispatch room.
A signal emitted by an emergency alarm or alarm
device, which signal results in an actual communication to or with
the Police Department, which communication incorrectly indicates that
there is or has been a burglary, intrusion, holdup or other emergency
at a premises in the City of Port Jervis.
A false alarm does not include signals emitted
by an alarm caused by or as a result of circumstances such as storms
or acts of God beyond the control of the licensee or where the system
is shown to be in correct working order and not activated as a result
of abuse, neglect, inattention, human error or equipment malfunction.
The police radio dispatch room and other enclosures housing
privately or publicly owned equipment serving the police radio dispatch
room.
A.
It shall be unlawful to operate, maintain, install,
lease or sell an alarm device without a license. It shall be unlawful
for any person, business, firm, corporation or other commercial entity
to operate, maintain, install, lease or sell a police alarm device
or devices or system of police alarm devices, as defined by the terms
of this article, without first obtaining a license as hereinafter
provided.
B.
Authority to grant license and permits.
(1)
The Police Chief is hereby authorized to grant a revocable
alarm license to any business, firm, corporation or other commercial
entity, authorizing said business, firm, corporation or other commercial
entity to do business in the City of Port Jervis by performing any
or all of the following functions: to own, operate, maintain, install,
lease or sell an alarm device or devices or systems of police alarm
devices.
(2)
All presently existing alarm devices and systems or
police alarm devices and present owners and lessees of premises having
such devices or systems must comply with all provisions of this article
by such date as shall be fixed by resolution of the City of Port Jervis.
All businesses, firms, corporations or other
commercial entities which are in the business of owning, operating,
maintaining, installing, leasing or selling a police alarm device
or devices or system of police alarm devices which desire to conduct
business in the City of Port Jervis shall apply to the Police Chief
for a business license on a form supplied by the Police Department
of Port Jervis. The application may contain specific provisions relating
to the quality, efficiency and effectiveness of the device or system
of devices owned or to be operated, maintained, installed, leased
or sold by the business licensee, testing procedures involved and
any other information that the Police Chief shall determine to be
reasonably necessary to effectuate the purpose of this article. It
shall also contain an affirmative representation by the applicant
that he has diligently investigated all employees, consultants and
agents connected with this business and, to his knowledge, they have
no prior criminal convictions for a felony or misdemeanor. In addition,
it shall contain the name, address and policy number for a fidelity
bond of at least $5,000 covering any of his employees or servants.
Such business license shall be issued for a one-year period, on a
calendar-year basis or a part thereof, and no license shall extend
beyond December 31 of each year. Notwithstanding this provision, a
person having a business license may conduct such business through
January 31 of the year following the expiration of his business license.
Prior to the issuance of any permit or license, the applicant will
furnish satisfactory proof of a fidelity bond of at least $5,000 fully
paid for the time the license or permit will be valid and which policy
will be to protect homeowners from criminal or illegal acts of licensee's,
employee's or servants.
License fees for a business license shall be as provided in Chapter 280, Fees, without pro ration and such other amounts as shall be fixed from time to time by resolution of the Common Council of the City of Port Jervis.
A license issued under this article may be suspended
or revoked by the Police Chief after notice and hearing by the Police
Chief for the violation of any of the provisions of this article or
of any regulation or regulations promulgated by the Police Chief pursuant
to this article, and any license or identification card issued hereunder
shall be refunded when a license is suspended or revoked. Any applicant
whose application for a license or permit has been denied or any business
license alarm agent, owner or lessee whose license has been suspended
or revoked by the Police Chief may appeal such denial, suspension
or revocation, in writing, to the Common Council within 30 days after
the date of denial or of the notice of suspension or revocation and
may appear before such Common Council at a time and place to be determined
by the Common Council in support of his or its contention that the
license should not have been denied, suspended or revoked. The decision
of the Common Council of the City of Port Jervis shall be final.
Every business, firm, corporation or other commercial
entity conducting the business of owning, operating, installing, leasing
or selling police alarm devices within the City of Port Jervis shall
maintain complete and accurate records of all installations of alarm
systems in the City of Port Jervis and shall produce such records
for inspection by the Police Chief or his agent upon demand.
A.
Change of location. If the location of the police
communication facilities should be changed at any time, licensees
under this article shall not attempt to charge the City of Port Jervis
with any resulting cost of moving alarm systems or any parts thereof.
B.
Installation and maintenance costs. All costs and
recurring charges incurred in the installation and maintenance of
systems permitted by this article in police communications facilities
shall be borne by the licensee.
C.
Rules and regulations. The Chief of Police may promulgate reasonable rules and regulations that may reasonably be necessary for the purposes of assuring the quality, efficiency and effectiveness of police alarm devices, holdup alarms, dial alarms and alarm installations owned, operated, maintained, installed or sold by a permittee under this article and of administering and enforcing the provisions of this article. All holders of alarm devices subject to this Article I shall have a local agent of the property owner available to respond to an alarm in the City of Port Jervis. The contact information of such a local agent shall be included as part of the alarm holder’s application for a license pursuant to this article. No license pursuant to this article shall be issued without the Police Chief’s or his designee’s ability to confirm the location and contact information of the local agent. Any change in the local agent’s information shall be the alarm holder’s and/or property owner’s responsibility to update with the City, and a failure to do so shall be a violation of this chapter to be dealt with in accordance with § 206-15.
[Amended 5-9-2022 by L.L. No. 5-2022]
A.
Direct alarm systems. The Chief of Police is hereby
authorized to prescribe the location and the manner of installation
of all connections and equipment, cabinets and accessories of an approved
direct alarm system within the police communication facilities for
the purpose of providing a direct alarm system, where the visible
and audible signals therefor may be readily seen and heard by police
personnel. Any cost shall be solely borne by the licensee.
B.
All holders of alarm devices and medical alarms and
any other alarms may be required to provide written authorization
to the Police Department to forcibly enter the premises for the purpose
of verifying the validity of the emergency condition.
A.
Each and every alarm device, holdup alarm, direct
alarm, dial alarm and emergency alarm in the City of Port Jervis shall
be properly maintained and in proper working condition.
B.
The installation and maintenance of police alarm devices
shall be at no cost to the City.
C.
Any false alarm to which the Police Department responds
shall be attributable to the owner or lessee of the property activating
the alarm.
No person shall install or maintain in any building,
structure or establishment in the City of Port Jervis an external
audible alarm of any type which does not also contain an automatic
cutoff system to automatically cut off the source of power to the
alarm after it has sounded for a period of 15 minutes. It shall be
required that a minimum of three names to contact shall be provided
to the police for the purpose of securing or restoring said alarm
system when necessary.
The City of Port Jervis shall not be liable
for any defects in the operation of emergency alarm systems nor for
any failure to respond appropriately nor for any erroneous response
nor for the failure or defect of any licensee pursuant to the provisions
of this article with respect to the installation, operation or maintenance
of equipment, the transmission of alarm signals or messages or the
relaying of such signals or messages.
Willful violations of any provisions of this
article shall constitute an offense and shall be punishable by a fine
of not more than $50 for each day that the violation shall continue.
This article shall take effect as provided in
the Charter of the City of Port Jervis.
[Amended 5-13-2002 by L.L. No. 2-2002]
The purpose of this article is to establish
standards and controls for central station fire alarm systems, that
require Fire Department action from a signal to the Fire Department;
via available technology from owner-maintained alarm systems.
The Council hereby declares that the legislative
intent of this article is to apply its provisions to any business,
firm, corporation, other commercial entity and/or residential buildings
designated to summon the Fire Department to that location in response
to such signal.
Refer to National Fire Alarm Code (National
Fire Protection Association 72) Chapters 1-4.
A.
All fire alarm system installations, modifications,
maintenance and/or testing shall comply with the New York State Fire
Prevention and Building Code, most current edition.
B.
All fire alarms systems shall comply with the National
Fire Alarm Code (N.F.P.A. 72), the most current edition.
C.
All fire alarm system work shall be done by a licensed
New York State fire alarm company.
D.
All companies proposing to do fire alarm system work
shall have a copy of their current New York State fire alarm license
on file with the City Clerk-Treasurer, Bureau of Fire Prevention and
Building Department prior to conducting any alarm work in the City.
E.
All companies shall file a copy of their liability
and New York State workers' compensation insurance with the City Clerk-Treasurer.
The City shall be named as an additional insured on their liability
policy.
F.
All companies shall submit, in writing, to the City
Bureau of Fire Prevention and Building Department, all proposals,
including the scope of the work to be performed and all equipment
to be used for review and approval before any work is started. Upon
completion of said work the company shall demonstrate and test the
system with a representative of the Bureau of Fire Prevention and
Building Department present for final approval.
G.
All fire controls and peripheral devices shall be
of applicable grade and quality in accordance with UL/864 Central
Station requirements. All initiating devices shall be zoned to a remote
annunciator panel for viewing by the occupants and the Fire Department.
The alarm panel shall be easily accessible to the Fire Department.
H.
All fire suppression and/or sprinkler systems shall
report to the new fire controls on separate zones. All smoke, heat-detecting
and pull stations shall report on separate zones.
I.
Depending on building size, layout, and/or occupancy,
the building owner/occupant may opt to install a minimum of one interior
and one exterior fire alarm pull station where not required by the
Code.
J.
Upon final approval, the company shall prepare and
submit a written record of completion as per the National Fire Alarm
Code.
K.
Every system shall have a minimum of one interior
and one exterior ADA approved horn/strobe alerting device.
L.
All fire alarm systems shall report to a twenty-four-hour
UL/FM approved central station. The use of a subcontracted central
station shall be prohibited.
M.
All approved central monitoring stations shall file
their license with the City Clerk-Treasurer, Bureau of Fire Prevention
and Building Department before December 31 for the ensuing year.
N.
All fire alarm companies shall supply proof of a twenty-four-hour
emergency service department capable of responding to a trouble or
alarm within one hour of the reported condition.
O.
All central stations shall maintain a current listing
of the building owner, tenant and point of contact. This list shall
include the names and phone numbers of key holders who are capable
of responding on a seven-day, twenty-four-hour emergency notification.
This list shall be updated at least annually and submitted in triplicate
for the Bureau of Fire Prevention, Building and Police Departments.
P.
All fire alarm activations shall be treated as an
actual alarm, which shall require the central station to immediately
notify the Fire Department.
Q.
The Fire Department personnel may reset the alarm
system with no liability.
R.
All fire alarm systems shall be registered with City
of Port Jervis Bureau of Fire Prevention in accordance with this article
and the following:
[Amended 5-9-2022 by L.L. No. 5-2022]
(1)
All
building owners having fire alarm systems shall also install a Knox
Box secure key entry system. The Fire Department shall have the only
keys to this system. The owner shall be responsible for updating the
correct keys for storage.
(2)
All
building owners having a fire alarm system shall provide, as part
of its registration with the City of Port Jervis Bureau of Fire Prevention,
the name and contact information of a local agent for said property.
No registration shall be deemed complete pursuant to this article
without the written confirmation by the City Bureau of Fire Prevention
that the location and contact information of the local agent is sufficient
as determined in the City’s sole discretion.
(a)
Any change in the local agent’s information shall be the building owner’s responsibility to update with the City. Any failure to do so shall be a violation of this chapter and shall result in the issuance of an appearance ticket for the Port Jervis City Court and will be subject to the schedule of fines listed in § 206-21B.
S.
Each fire alarm system shall have an unannounced fire
alarm test as conducted by the Bureau of Fire Prevention. The Bureau
of Fire Prevention shall hold this test at least annually or as deemed
necessary.
T.
All alarm panels will be keyed to a "B" key.
U.
All building
owners and/or business operators having fire alarm systems shall notify
the City Bureau of Fire Prevention when a system is switched from
active to standby status during times when the building is unoccupied
and shall provide either physical or remote system access to the Fire
Inspector during such times.
[Added 5-9-2022 by L.L. No. 5-2022]
A.
False alarms and/or nuisance calls.
(1)
Any owner of a fire alarm system that emits a false
alarm may be issued a violation and appearance ticket for the Port
Jervis City Court and will be subject to the schedule of fines listed
below. Written warnings may be issued for the first three false calls
in any calendar year.
(2)
Any fire alarm company and/or monitoring company may
be issued a violation and appearance ticket for the Port Jervis City
Court and shall be subject to the schedule of fines listed below.
(3)
Any fire alarm company and/or monitoring company may
lose the right to provide service in the City of Port Jervis, in the
interest of public safety.
All installation, connection, maintenance and
monitoring fees shall be at the expense of the owner/occupant.
The Fire Inspector and/or the Fire Chief shall
administer this article.
