[HISTORY: Adopted by the Board of County Commissioners of
Charles County 6-1-1998 by Ord. No. 98-48, effective 10-1-1998; amended in
its entirety 3-7-2005 by Bill No. 2005-05. Subsequent amendments
noted where applicable.]
A.
The purpose of this chapter is to encourage alarm users and alarm
businesses to maintain operational reliability and to properly use
alarm systems to reduce and/or eliminate false alarm dispatch requests.
B.
This chapter governs systems intended to summon police, fire and/or
emergency medical response, requires permits, establishes fees, provides
for penalties for violations, establishes a system of administration
and sets conditions for suspension or loss of permits.
As used in this chapter, the following terms shall have the
meanings indicated:
A person designated by the Charles County Commissioners to
supervise the False Alarm Reduction Unit and to administer, control
and review alarm applications, alarm registrations and alarm dispatch
requests and to serve as Executive Secretary to the Alarm Review Board.
Any business by an individual, partnership, corporation or
other entity, which engages in one or more of the following: sells,
leases, maintains, monitors, repairs, services, replaces, alters,
moves, installs, sells at retail, or responds to an alarm system at
an alarm site.
A license issued by the County Alarm Administrator to a business
allowing alarm installation and monitoring as outlined in the definition
of "alarm business."
A notification to the dispatch center that any alarm, either
manual or automatic, has been activated at a particular alarm site.
A certificate issued to an alarm user certifying that the
alarm system has been registered with the Charles County Alarm Administrator.
Appointed by the Charles County Commissioners; shall consist
of seven members as follows: one Alarm Administrator as an ex officio
nonvoting member, except in the case of a tie; one local alarm business
representative recommended by the Charles County Chamber of Commerce;
one local alarm industry representative appointed by the Charles County
Commissioners; one local business community representative recommended
by the Charles County Chamber of Commerce; one alarm user from the
public at large appointed by the Charles County Commissioners; one
police representative recommended by the Charles County Sheriff's
Office; and one fire/EMS services representative recommended by the
Charles County Board of Fire and Rescue Commission. Alarm Review Board
duties and responsibilities include, but are not limited to, conducting
periodic reviews of false alarm records and formal hearings to consider
evidence presented by interested parties regarding appeals from fines
and/or other charges relating to installation or operation of an alarm
system.
The activation of an alarm system.
A single premises or location served by an alarm system or
systems. Each tenancy, if served by a separate alarm system in a multitenant
building or complex, shall be considered a separate alarm site.
Any mechanical or electrical equipment, device, or series
of devices, including, but not limited to, systems interconnected
with radio frequency signals which are designed to discourage unauthorized
entry or other illegal and/or criminal activity or detect smoke, fire,
heat and/or water flow by emitting or transmitting a remote or local
audible, visual, or electronic signal indicating an alarm condition.
"Alarm system" does not include:
Any owner or lessor of any alarm system, the occupant of
any dwelling unit with an alarm system, each tenant that uses an alarm
system in a multitenant building, or any person, firm, partnership,
corporation, government or other entity which uses an alarm system
at an alarm site.
Verification from the alarm company or the alarm user that
there is no emergency and there is no further need to respond. For
the safety of alarm users, an alarm dispatch request can only be canceled
by person/party who initiated the request.
The central processing unit designed to manage and control
an alarm system.
A device that transmits digital signals from an alarm system
to a monitoring center through the telephone network.
A single device that is manufactured to require two inputs
simultaneously by two different technologies to cause alarm activation.
The deliberate activation of a silent alarm signal by the
manual activation of a device, entering at a touchpad a code different
from the normal arm/disarm code or by entering a code that adds one
to the last digit of the normal arm/disarm code (e.g., normal code-1234;
one-plus duress code = 1235), or by separate deliberate act at other
device(s) intended to signal a crisis situation requiring police response.
An alarm dispatch request to the police, fire or emergency
medical services when emergency responders find no evidence of medical
need, a criminal offense or an attempted criminal offense or, after
completion of a timely investigation of the alarm site, the senior
fire officer determines there is no evidence to support activation
of the fire alarm system. An alarm dispatch request which is canceled
by the alarm business or the alarm user prior to dispatch shall not
be considered a false alarm dispatch. For the safety of alarm users,
an alarm dispatch request can only be canceled by person/party who
initiated the request.
Comprised of the County Alarm Administrator, County support
staff, Fire Department/emergency medical services liaison and police
liaison. The unit is established under the Director of Charles County
Department of Emergency Services.
A program authorized by the Alarm Administrator of Charles
County for purposes of educating alarm users about the responsible
use of their alarm systems and problems created by false alarm dispatches.
A silent alarm signal generated by the deliberate activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The process by which an alarm business receives signals from
alarm systems and relays an alarm dispatch request to the County for
the purpose of summoning police, fire and/or emergency medical services
response to the alarm site.
Any alarm user, monitored or unmonitored, not defined in
the definition of "residential alarm user" below.
The deliberate activation of an audible alarm.
An individual, corporation, partnership, association, organization
or similar entity.
The occupant of any residential dwelling unit which constitutes
a single alarm site with an alarm system.
The transaction or process by which an alarm user takes over
control of an existing alarm system which was previously controlled
by another alarm user.
A rolling, or consecutive, twelve-month period.
An attempt by the alarm business or its representative to
contact the alarm site by telephonic or other electronic means, whether
or not actual contact with a person is made, before requesting police,
fire and/or emergency medical services dispatch in an attempt to avoid
an unnecessary alarm dispatch request.
A.
Registration required.
(1)
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm registration (AR) issued by
the Charles County Alarm Administrator. A separate AR is required
for each alarm site.
(2)
A special classification shall be required for an alarm system equipped
for duress alarm.
B.
An alarm business that installs, causes to install, permits to install,
alters, maintains, repairs, replaces, services, takes over, or monitors
any alarm system must meet the following requirements:
(1)
An alarm business must ensure that an alarm user's alarm system
is registered with the False Alarm Reduction Unit at the time the
alarm system is activated or placed into service.
(2)
An alarm business must ensure that a separate registration form and
registration fee is obtained for each alarm user. One registration
must be obtained for each separate location for each alarm user. Location
is defined as a separate address, building, structure or premises.
(3)
An alarm business must use the registration forms provided by the
False Alarm Reduction Unit for registering all residential and nonresidential
alarm systems.
(4)
An alarm business must collect the alarm user registration form and
registration fee from all of their current and future residential
and nonresidential alarm users.
(5)
An alarm business must deliver the completed alarm registration form
and registration fee to the False Alarm Reduction Unit before the
system is activated or placed into service.
(6)
Failure to comply with the terms of this subsection will result in
the alarm business being fined $300 for each alarm system and each
alarm dispatch request for an alarm system that is not registered
at the time the system is activated or placed into service.
[Amended 11-4-2009]
C.
The annual fee for an AR or AR renewal for a residential alarm site
is $20. The annual fee for an AR or AR renewal for a nonresidential
alarm site, and each tenant therein, is $20. No refund of an AR or
AR renewal fee will be made. This AR fee is used to defray the costs
necessary to administer this chapter, and is subject to annual review
and adjustment by the Charles County Commissioners.
(1)
The annual AR fee shall be waived if the occupant of a residence,
with no business being conducted, is 62 years of age or older. The
alarm user must provide documentation for such waiver.
(2)
Other annual AR fee waivers may be considered on a case-by-case basis,
such as individuals with medical alert alarms, the physically challenged
or the infirm. The alarm user must provide documentation for such
waiver.
(3)
The annual AR fee is waived for Charles County Government, Charles
County Board of Education, College of Southern Maryland, State of
Maryland, federal and municipal alarm users.
[Amended 11-4-2009]
(4)
AR fee waivers do not exempt individuals or entities from paying
false alarm response fees. However, no false alarm response fees shall
be levied against Charles County Government, Charles County Board
of Education, College of Southern Maryland, State of Maryland and
federal alarm users. In the alternative, the False Alarm Reduction
Unit Administrator shall monitor the frequency of false alarm responses
occurring at exempted facilities, and schedule conferences with representatives
of the exempted alarm users to discuss ways to reduce the number of
false alarms.
[Amended 11-4-2009]
D.
Upon receipt of a completed application form and the AR fee, the
Alarm Administrator shall issue an AR to an applicant unless the applicant
has:
E.
Each AR application must include the following information:
(1)
The name, address and telephone number of the person who will be
the AR holder and be responsible for the proper maintenance and operation
of the alarm system and payment of fees assessed under this chapter.
(2)
The classification of the alarm site as either single-family residential,
multifamily, place of worship, educational facility, commercial and/or
government.
(3)
The purpose of each alarm system located at the alarm site, i.e.,
burglary, holdup, duress, smoke detector, water flow alarm, heat detector
or other.
(4)
The signed certification from the alarm user or the alarm business
stating:
(a)
The date of installation, conversion or takeover of the alarm
system, whichever is applicable;
(b)
The name, address, and phone number of the alarm business or
service provider performing the alarm system installation, conversion
or alarm system takeover and responsible for providing repair service
to the alarm system;
(c)
The name, address, and phone number of the alarm business, service
provider or entity monitoring the alarm system if different from the
installing alarm business;
(d)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant;
(e)
That the alarm business has trained the applicant in proper
use of the alarm system, including instructions on how to avoid false
alarms; and
(f)
The names and telephone numbers of at least two additional individuals
that can be contacted in case the owner is not available.
(5)
The classification of the alarm site as being equipped or nonequipped
for duress alarm;
(6)
The name, address, phone number, policy number, agent and/or contact
name for the insurance carrier;
(7)
Whether the property is equipped with a rapid entry system (Knox-Box®)
and where the key is located.
F.
Any false statement of a material matter made by an applicant for
the purpose of obtaining an AR shall be sufficient cause for refusal
to issue an AR.
G.
An AR cannot be transferred to another person. An alarm user shall
inform the Alarm Administrator of any change that alters any information
listed on the AR application within five business days or we will
not honor the AR.
H.
All fees owed by an applicant must be paid before an AR may be issued
or renewed.
I.
Information contained in AR applications shall be held in confidence
by all employees or representatives of the Charles County government
with access to such information.
An AR shall expire one year from the date of issuance, and must
be renewed annually by submitting an updated application and an AR
renewal fee to the Alarm Administrator. The Alarm Administrator shall
notify each alarm user of the need to renew 30 calendar days prior
to the expiration of his/her AR. It is the responsibility of the alarm
user to submit an application prior to the AR expiration date. Failure
to renew will be classified as use of a nonpermitted alarm system
and citations and penalties may be assessed without waiver. In the
event that an alarm registration is not renewed on time, annual AR
renewal fees will continue to accumulate. Fees received will be applied
to the oldest renewal fee first.
A.
If an alarm system installed by an individual tenant in an apartment
complex unit is monitored, the tenant must provide the name of a representative
of the apartment owner or property manager who can grant access to
the apartment to the alarm business which is providing the monitoring
service.
B.
A tenant of an apartment complex shall ensure that his/her alarm
system is registered before operating or causing the operation of
an alarm system in the tenant's residential unit. The annual
fee for this AR or the renewal of this AR shall be the same as the
fee for a residential alarm site.
C.
For purposes of enforcing this chapter against an individual residential
unit, the tenant is responsible for false alarm dispatches emitted
from the alarm system in the tenant's residential unit.
A.
If the owner or property manager of an apartment complex provides
alarm systems in each residential unit as an amenity, then the owner
or property manager of the apartment complex shall ensure that each
unit's alarm system is registered. The annual fee for this AR
and for each renewal of this AR shall be $20 per residential unit
per year. All units, whether occupied or not, shall be included in
calculating the required fee.
B.
For purposes of assessing fines and enforcing this chapter, the AR
holder is responsible for payment of fines for false alarm dispatches
emitted from the alarm systems in residential units.
C.
The owner or property manager of an apartment complex shall ensure
that each alarm system is registered for any alarm system operated
in a nonresidential area of the apartment complex, including, but
not limited to, common tenant areas and office, storage and equipment
areas. An annual fee for such an AR shall be the same as the fee for
a residential alarm site.
A.
Any person engaging in an alarm business to operate or install alarm
systems in Charles County must apply to the Charles County Alarm Administrator
for an alarm business license (ABL). Such license application must
be signed by either the owner of the business for a sole proprietorship,
one partner for a partnership or a corporate officer for a corporation,
and must be approved by the Charles County Alarm Administrator or
designee.
B.
The alarm business license application must include, but is not limited
to:
(1)
The name, address, fax and telephone number of the alarm business,
its business entity (sole proprietorship, partnership, or corporation)
and employer identification number (EIN).
(2)
The number of active residential and nonresidential alarm customers
in Charles County with which the alarm business conducts business.
(3)
The name, address, and telephone number of the official responsible
for the operation of the alarm business in Charles County.
(4)
Certification that a background criminal history has been completed in accordance with § 216-7F of this chapter.
(5)
Complete list of associated (contracted) alarm businesses, including
name, address, telephone number and alarm business license number,
that may alter, install, lease, maintain, monitor, repair, replace,
sell at retail, service, or respond to an alarm system in Charles
County.
(6)
Proof of certificate of insurance.
(7)
Proof of possession of appropriate licenses required by the Charles
County Electrical Board.
(8)
An alarm business that is incorporated in a state other than Maryland
must include on the alarm business license application form the name
and address of the resident agent located in Maryland.
C.
License applications must be accompanied by an annual, nonrefundable
processing fee of $100, which will be due and payable each year on
the anniversary of the issuance of the alarm business license. If
the alarm business license has been revoked or suspended, a reinstatement
fee of $200 must accompany a reinstatement application.
[Amended 11-4-2009]
D.
Should an alarm business license be suspended, revoked or denied,
the alarm business must notify within five business days, by first
class mail, each of its alarm users that the alarm business is unable
to request the Charles County Communications Center to dispatch to
the user's alarm system for the duration of the suspension, revocation
or denial. The alarm business must also provide the Alarm Administrator
or designee, by first class mail, within five business days, a list
containing the names and complete addresses of the alarm business'
licensed alarm users.
E.
A licensed alarm business must not enter into a contract regarding
its business in the County with any other alarm business that does
not have a valid alarm business license.
F.
The owner, partner or corporate officer of an alarm business must
conduct a criminal history background check on all employees of the
alarm business involved in the sale, installation, monitoring or maintenance
of an alarm system. The background check must cover the past seven
years.
G.
Any registrant or applicant who requests a hearing to show cause why an alarm business license should not be revoked or suspended, or the license application should be granted or renewed, as provided in § 216-19, Appeals, must include an appeal filing fee of $50. Upon successful appeal, the appeal filing fee of $50 will be applied to offset reinstatement fees set in § 216-7C above.
A.
Failure to comply with the provisions of § 216-7, Alarm business license (ABL) requirements, as set forth above, will constitute grounds for denial, suspension or revocation of an alarm business license.
B.
False statements to any of the questions contained in the alarm business
license application may constitute perjury. Perjury, fraudulent behavior,
or any violation of the conditions for the issuance of this license
will result in refusal of the license, or if granted, in revocation
or suspension of same. Each separate violation of the licensing provisions
may result in a civil fine of $500.
A.
An alarm user shall:
(1)
Maintain the premises and the alarm system in a manner that will
minimize or eliminate false alarm dispatches;
(2)
Make every reasonable effort to respond or cause a representative
to respond to the alarm system's location within 30 minutes when
notified by the County to deactivate an alarm system to provide access
to or security for the premises, or have a Knox-Box® available;
and
(3)
Not manually activate an alarm for any reason other than an occurrence
of an event that the alarm system was intended to report.
B.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 15 minutes after being activated.
Water monitor gongs are exempt from this automatic shutdown.
C.
An alarm user shall have a properly registered alarm business inspect
his alarm system after three false alarm dispatches in a one-year
period. After six false alarm dispatches, the alarm user must have
a properly registered alarm business upgrade and/or modify the alarm
system to be more false alarm resistant and/or provide additional
user training, as appropriate.
A.
An alarm business performing monitoring services shall:
(1)
Not request dispatch for emergency response during the first week
after installation of an alarm system but, rather, use that week to
train the alarm user on proper use of the alarm system unless extenuating
circumstances necessitate immediate requests for response as determined
by the Alarm Administrator;
(2)
Report alarm signals by using telephone numbers designated by the
Alarm Administrator;
(3)
Attempt to verify every alarm signal, except a duress alarm, holdup
alarm, or fire alarm activation, before requesting emergency response
to an alarm signal;
(4)
Communicate alarm dispatch requests to the County in a manner and
form determined by the Alarm Administrator;
(5)
Communicate verified cancellations of alarm dispatch requests to
the County in a manner and form determined by the Alarm Administrator;
and
(6)
Ensure that all alarm users of alarm systems equipped with a duress
alarm are given adequate training as to the proper use of the duress
alarm.
B.
An alarm business performing monitoring services must notify the
alarm user in writing within 72 hours if a police, fire or emergency
medical services dispatch was requested to their alarm location.
A.
After July 1, 1998, alarm businesses shall not program alarm systems
so that they are capable of sending one-plus duress alarms. Alarm
businesses may continue to report one-plus duress alarms received
from alarm systems programmed with this feature prior to July 1, 1998.
However, after July 1, 1998, when performing a takeover or conversion,
an alarm business must remove the one-plus duress alarm capability
from the alarm system being taken over or converted.
B.
After July 1, 1998, alarm businesses shall not install a device for
activating a holdup alarm which is a single action nonrecessed button.
C.
Every alarm system installed after July 1, 1998, must be either Underwriters
Laboratory (U.L.) certified or meet the following installation standards:
(1)
All alarm system equipment must be U.L.-listed, Factory Mutual (F.M.)
or equivalent equipment, used only for the purpose intended by the
manufacturer, and installed per manufacturer's specifications.
(2)
Every alarm system must have standby power sufficient to operate
the system in a nonalarm status (without being the cause of an alarm
activation) for a minimum of four hours.
(3)
(4)
Every alarm system must be installed under National Electrical Code
(NEC) and U.L. 681 or manufacturer's standards.
(5)
Any door or window contact installed for the purpose of activating
the alarm system must be hermetically sealed if used on solid state
control panels.
(6)
Any wire splice must be hot soldered and taped or B-connected according
to manufacturer's specifications. B-connectors must not be crimped
with other than a tool recommended by the manufacturer.
(7)
Any residential alarm system with an audible alarm must have a sufficient
number of sound-generating devices to alert or awaken all normal hearing
occupants within the alarm user's premises that an alarm has
been activated.
(8)
Every alarm system using a digital communicator must have a proper
phone interface device as required by the Federal Communications Commission
(FCC), accessible to the alarm user, and mounted within a reasonable
distance from the control panel.
(9)
Any audible alarm must automatically silence the annunciator within
30 minutes after activation, except as provided by law.
(10)
Any holdup alarm (requiring push button activation) must use
simultaneous two-button activation or a keyed manual reset after activation.
(11)
Any panic or medical/emergency alarm activation must cause an
audible alarm.
(12)
All audio detection devices must be either volumetric sound
detectors with operator analysis or detectors that require two different
inputs within 1/2 second (or less) to generate an alarm.
(13)
Every residential alarm system control panel must have either:
(14)
Transformers must be affixed to an electrical outlet.
(15)
Every alarm system must have a supervised standby power supply
that causes a local annunciation when standby power falls below the
manufacturer's recommended specifications.
(16)
All alarm systems wiring must meet NEC standards and be a minimum
of 22 gauge, or meet manufacturer's specifications (whichever
is the higher standard). Wiring run through plenum ceilings or heat/return
ducts must be plenum rated.
(18)
An alarm business that installs an alarm system must have at
each alarm installation site at least one employee, to supervise the
installation of any alarm system, who has passed and maintains a minimum
Level 1 certification by the National Burglar and Fire Alarm Association,
Inc. (NBFAA) or equivalent training.
(19)
Any alarm business that installs an alarm system must provide
the alarm user with an installation certification in the form attached
here. The alarm business must certify that:
(a)
The alarm system has been installed as required by County law
and these regulations;
(b)
The person designated by the alarm user as responsible for alarm
system operation has received training sufficient to prepare the alarm
user to operate the system without false alarms caused by improper
operation; and
(c)
The alarm user's alarm system is registered with the False
Alarm Reduction Unit at the time the alarm system is activated or
placed into service.
An alarm user shall maintain a set of written operating instructions
for each alarm system.
A.
The police, fire or emergency medical personnel responding to an
alarm dispatch request shall record such information on forms prepared
and supplied by the Alarm Administrator as necessary to permit the
Alarm Administrator to maintain secure records, including but not
limited to the following information:
(1)
Identification of the AR number for the alarm site;
(2)
Identification of the alarm site;
(3)
Arrival time at the alarm site and dispatch received time;
(4)
Date and time;
(5)
Weather conditions;
(6)
Area and/or subarea of premises involved;
(7)
Name of alarm user's representative on premises, if any;
(8)
Identification of the responsible alarm business; and/or
(9)
Unable to locate the address.
B.
The responding police, fire or emergency medical personnel shall
indicate on the dispatch record whether the dispatch was caused by
a criminal offense, an attempted criminal offense, indeterminable,
other or was a false alarm dispatch. The senior fire officer arriving
at the scene shall indicate on the dispatch record whether the dispatch
was caused by malfunction of the alarm system or caused by actual
smoke or heat-producing activity.
C.
In the case of an assumed false alarm dispatch, the responding police,
fire or emergency medical services personnel shall leave notice at
the alarm site that they have responded to a false alarm dispatch.
The notice shall be on a form prepared and supplied by the Alarm Administrator
and shall include the following information:
(1)
The date and time of emergency services personnel response to the
false alarm dispatch;
(2)
Responding emergency services personnel identification information;
and
(3)
A statement urging the alarm user to ensure that the alarm system
is properly operated, inspected and/or serviced in order to avoid
fines.
D.
Alarm businesses performing monitoring services must maintain records
relating to requests for emergency dispatch to alarm sites for a period
of at least one year following dispatch requests. Records must include
the name, address and phone number of the alarm user, the alarm system
zone(s) or point(s) activated, the time of request for emergency dispatch,
and evidence that an attempt to verify was made to the alarm site
prior to the request for emergency dispatch. The Alarm Administrator
may request copies of such records for individually named alarm users.
If the request for copies of such records is made within 60 days of
an alarm dispatch request, the monitoring business shall furnish the
requested records within three business days of receiving the request
for copies of such records. If the records are requested between 60
days and one year after an alarm dispatch request, the monitoring
business shall furnish the requested records within 30 days of receiving
the request for copies of such records.
If there is reason to believe that an alarm system is not being
used or maintained in a manner that ensures proper operation and suppresses
false alarms, the Alarm Administrator may require a conference with
an alarm user and the alarm business responsible for the repair of
the alarm system to review the circumstances of each false alarm.
The Alarm Administrator shall oversee the creation and implementation
of a false alarm user awareness program. The program shall inform
alarm users of problems created by false alarm dispatches and provide
alarm users with materials and information on alarm systems.
A.
Fine schedule.
(1)
Alarm users and AR holders shall be subject to civil monetary penalties,
warnings and suspension or revocation of an AR, depending on the number
of false alarm dispatches emitted from an alarm system within any
consecutive twelve-month period based upon the following schedule:
|
False Alarm Response Fee Schedule
| |||
|---|---|---|---|
|
False Alarm Occurrence
|
Action(s) Taken
|
False Alarm Response Fee
| |
|
1st
|
On-site written notice and letter of notification from FARU
|
$0
| |
|
2nd
|
On-site written notice and letter of notification from FARU
|
$0
| |
|
3rd
|
On-site written notice and letter of notification from FARU
and inspection of system required
|
$0
| |
|
4th
|
On-site written notice and letter of notification from FARU
|
$50
| |
|
5th
|
On-site written notice and letter of notification from FARU
|
$150
| |
|
6th
|
On-site written notice and letter of notification from FARU
and modification/upgrade of system and/or additional user training
required
|
$150
| |
|
7th
|
On-site written notice and letter of notification from FARU
|
$150
| |
|
8th
|
On-site written notice and letter of notification of suspension
of permit from FARU and notification made to insurance carrier
|
$200
| |
|
9th
|
On-site written notice and letter of notification of suspension
of permit from FARU and notification made to insurance carrier
|
$200
| |
|
10th
|
On-site written notice and letter of notification of suspension
of permit from FARU and notification made to insurance carrier
|
$200
| |
|
11th and up
|
More than 10 false alarms in a 12-month period may be cause
for revocation of AR
|
$300
| |
(3)
If an alarm user fails to pay his/her false alarm fine as set forth in this section or fails to appeal the false alarms as set forth in § 216-19, or has had more than 10 false alarm responses in any consecutive twelve-month period, the False Alarm Reduction Unit may revoke the alarm owner's alarm registration, notifying the alarm owner of the revocation by certified letter, as well as provide notification of revocation to the alarm owner's insurance carrier. A court order may be pursued to have a chronically malfunctioning alarm system removed.
B.
A false alarm response fee may be waived if the alarm system was
activated by an act of God, including violent conditions of nature,
such as, blizzard, earthquake, high-intensity winds, extreme thunderstorms,
lightning, electrical surge, or other extraordinary circumstances
not reasonably subject to the control of the alarm business or alarm
user. The False Alarm Administrator may request a written statement/report
from a registered alarm company representative which details the reasons
for the false alarm.
(1)
If it is determined that a false alarm signal from a registered alarm
was due to an event beyond the reasonable control of the alarm user,
that event may not be considered a false alarm for the purpose of
this regulation.
(2)
If alarm signals were caused by a malfunctioning alarm system which
caused two or more false alarms in a twelve-hour period and the alarm
user and the alarm business exercised their best efforts to limit
alarm signals caused by the malfunction, those false alarms will be
counted as one false alarm.
C.
In addition, any person operating a nonpermitted alarm system (whether
expired, revoked, suspended or never acquired) will be subject to
a citation and assessment of a penalty of $150 for each false alarm
dispatch in addition to any other penalties. The Alarm Administrator
may waive this additional penalty for a nonpermitted system if the
alarm user applies for an AR within 20 calendar days from the date
of the notification letter from FARU.
D.
An alarm business that installs, causes to install, permits to install,
alters, maintains, repairs, replaces, services, takes over, or monitors
any alarm system must ensure that the alarm user's alarm system
is registered with the False Alarm Reduction Unit at the time the
alarm system is activated or placed into service. Noncompliance with
this requirement will result in the alarm business being fined $150
for each alarm system and each alarm dispatch request for an alarm
system that is not registered at the time the system is activated
or placed into service.
E.
The Alarm Business shall be assessed a fine of $300 if an on-site
employee of the alarm installation/service business directly caused
the false alarm. In this situation, the false alarm will not be counted
against the alarm user. This type of false alarm will not be automatically
waived. It is the responsibility of the alarm user to file an appeal
to the Alarm Administrator and provide documentation showing the alarm
installation/service business employee was working on-site at the
time of the alarm activation.
[Amended 11-4-2009]
F.
The Alarm Monitoring Business shall be issued a fine of $300 for each failure to verify alarm system signals as specified in § 216-10A(3).
[Amended 11-4-2009]
G.
The alarm business shall be issued a fine of $300 if the Alarm Administrator
determines that an alarm business employee knowingly made a false
statement concerning the inspection of an alarm site or the performance
of an alarm system.
[Amended 11-4-2009]
H.
Alarm dispatch requests caused by actual criminal offense or with
evidence of a criminal attempt or by actual fire and/or heat-related
conditions shall not be counted as a false alarm dispatch.
A.
In addition to suspension or revocation pursuant to this section,
the Alarm Administrator may suspend or revoke an AR if it is determined
that:
B.
A person commits an offense if he operates an alarm system during
the period in which his AR is suspended or revoked.
C.
Unless there is independent verification that there is a crime, fire
or medical emergency in progress, appropriate emergency services of
Charles County may refuse response to an alarm dispatch request at
an alarm site for which the AR is revoked.
D.
If the AR is reinstated pursuant to § 216-20, the Alarm Administrator may revoke the AR if it is determined that four subsequent false alarm dispatches occur within 60 calendar days after the reinstatement date.
E.
If the Alarm Administrator denies the issuance or renewal of an AR,
or suspends or revokes an AR, he shall promptly send written notice
of his action and a statement of the right to an appeal by certified
mail, return receipt requested, to the applicant, alarm user and the
alarm business.
A.
The Alarm Review Board, appointed by the Charles County Commissioners,
shall consist of seven members as follows:
(1)
One Alarm Administrator as an ex officio nonvoting member, except
in the case of a tie;
(2)
One local alarm business representative recommended by the Charles
County Chamber of Commerce;
(3)
One local alarm industry representative appointed by the Charles
County Commissioners;
(4)
One local business community representative recommended by the Charles
County Chamber of Commerce;
(5)
One alarm user from the public at large appointed by the Charles
County Commissioners;
(6)
One police representative recommended by the Charles County Sheriff's
Office; and
(7)
One fire/EMS services representative recommended by the Charles County
Board of Fire and Rescue Commission.
B.
Alarm Review Board duties and responsibilities include, but are not
limited to, conducting periodic reviews of false alarm records and
formal hearings to consider evidence presented by interested parties
regarding appeals from fines and/or other charges relating to installation
or operation of an alarm system.
A.
Filing of appeal.
[Amended 11-4-2009]
(1)
The applicant of an ABL or AR, or the holder of an ABL or AR or alarm
user may appeal the assessment of a fine, the assignment of a false
alarm, suspension, revocation, or request reinstatement by filing
an appeal to the Director of Emergency Services. An appeal must be
in writing, must set forth the reasons for the appeal, and must be
received by the Director of Emergency Services within 20 calendar
days from the date of the notification letter from FARU. An alarm
business may submit the request for an appeal on behalf of an alarm
user.
(2)
Filing of an appeal with the Director of Emergency Services shall
stay the action by the Alarm Administrator suspending a registration
or requiring payment of a fine.
B.
Request for hearing.
[Amended 11-4-2009]
(1)
In the event the alarm user/alarm business believes they have been
aggrieved by the decision of the appeal to the Director of Emergency
Services, the alarm user/alarm business may request a hearing before
the Alarm Review Board. A written request for an Alarm Review Board
hearing must be received by the Director of Emergency Services within
20 calendar days from the date of the appeal denial notification from
the Director of Emergency Services. If a request for an Alarm Review
Board hearing is not made within the twenty-calendar day period, the
decision of the Director of Emergency Services is final.
(2)
Filing of a request for an Alarm Review Board hearing shall stay
the action by the Alarm Administrator suspending a registration or
requiring payment of a fine, until the Alarm Review Board has decided
the appeal.
C.
The Alarm Review Board shall conduct a formal hearing and consider
the evidence by any interested person(s). The Board shall make its
decision on the basis of the preponderance of evidence presented at
the hearing, including, but not limited to, evidence that a false
alarm dispatch was caused by a defective part that has been repaired
or replaced or that an alarm dispatch request was caused by a criminal
offense. Unless extended by mutual agreement of the parties or for
good cause as determined by the Board, the Board must render a decision
within 30 calendar days after the appeal hearing has been held. The
Board shall affirm, reverse or modify the assessment of the penalty.
The decision of the Board is final.
D.
A decision of the Board authorized under this chapter is binding
on the parties, subject to review only by the Circuit Court for Charles
County upon a petition for judicial review filed pursuant to the Maryland
Rules of Procedure by any party aggrieved by the decision within the
time prescribed for petitions for review of administrative agency
decisions by such Rules of Procedure.
A person whose AR has been revoked may be issued a new AR if
the person:
A.
Submits an updated application and pays an AR fee of $20;
B.
Pays, or otherwise resolves, all citations and penalties; and
C.
Submits a certification from an alarm business that complies with
the requirements of this chapter stating that the alarm system has
been inspected and repaired (if necessary) by the alarm business.
A person commits an offense if he violates by commission or
omission any provision of this chapter that imposes upon him a duty
or responsibility and unless a different civil monetary penalty is
provided for elsewhere in this chapter, is subject to a civil monetary
penalty of not more than $150 for each offense.
