Town of Tusten, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Tusten 7-12-2004 by L.L. No. 1-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 126.
An increasing number of false fire alarms have been reported to the Town Board of the Town of Tusten. Because false fire alarms are a serious public and official nuisance that may detract from normal fire activity, the following chapter is enacted to increase the reliability of fire protection.
The purpose of this chapter is:
A. 
To promote the safety and welfare of the citizens of the Town of Tusten by minimizing, to the fullest extent practicable, the number of false fire alarms reported to the Fire Department.
B. 
To increase the efficiency of the Fire Department in executing its duties by reducing, to the fullest extent practicable, the number of false alarms.
The Town Board hereby declares that the legislative intent of this chapter is to apply its provisions to an alarm owner, as defined under this chapter, maintaining or installing an alarm system.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM OWNER
Any person who or entity which owns, leases, rents, uses or makes available for use by his or its agents, employees, representatives or family any alarm system.
ALARM SYSTEM
Any type of alarm system actuating equipment that provides a warning of fire, smoke, or other peril.
AUDIBLE ALARM
Any alarm system designed to notify persons in the immediate vicinity of the protected premises by emission of an audible sound or visible signal of a fire or emergency condition on the premises.
DIRECT-DIAL SERVICE
Any alarm system which is connected to a telephone line and, upon activation, said alarm system automatically dials a predetermined telephone number and transmits a message or signal indicating the need for an emergency response.
FALSE ALARM
Any alarm actuated by inadvertence, negligence or intentional act of someone, and shall also include alarms caused by malfunction of the alarm device or other relevant equipment.
It shall be unlawful for any person or alarm owner to cause, allow or suffer a false alarm; except that an alarm owner is permitted to test, on a semi-annual basis, an alarm system, provided the appropriate agency is notified in advance and permission is granted.
A. 
It shall be unlawful for any person, firm, association or corporation to connect or install or to continue to be connected or installed any direct-dial service fire or smoke alarm unless such person, firm, association or corporation has registered said alarm with the Town of Tusten Town Clerk.
B. 
Required information. It shall be the responsibility of every alarm owner who owns a direct-dial alarm system that detects fire and/or smoke to prepare and deliver to the Town Clerk of Tusten a registration letter including the following information:
(1) 
Name of alarm owner.
(2) 
Address of alarm owner.
(3) 
Exact location of system, with explicit directions from a public road or highway.
(4) 
Telephone number to contact the alarm owner at home or work.
(5) 
Alternate phone number of a responsible person to the alarm owner.
(6) 
Name, address and telephone number of installer or maintainer.
(7) 
Type and make of alarm installed.
C. 
Time frame for filing.
(1) 
Existing alarms. For alarm systems in operation when this chapter was adopted, the aforementioned registration letter shall be filed with the Town Clerk of Tusten within 30 days from the adoption of this chapter. Fees for such registration shall be charged by and be payable to the Town of Tusten as set forth in § 110-11.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
New alarms. It shall be the responsibility of every alarm owner and every person, partnership, corporation or other business entity who or which engages in the business of installing alarm systems to detect fire and/or smoke to prepare and deliver to the Town Clerk of the Town of Tusten the letter of registration as listed in Subsection B. This registration shall be filed with the Town Clerk of the Town of Tusten within 10 days after the installation of the alarm by either the alarm owner or the person or business entity installing the alarm. Failure to comply with the provisions of this section shall render both the alarm owner and installer liable for any and all penalties provided for under § 110-9 of this chapter.
Except as hereinafter provided, it shall be unlawful for any alarm owner, person, partnership, corporation or other business entity to operate, maintain or install a fire and/or smoke direct-dial alarm, device or devices as defined by the terms of this chapter without a written permit issued by the Town of Tusten Town Clerk. Said permit shall be issued by the Town Clerk upon receipt of the information required under § 110-6 of this chapter and the payment of the initial registration fee and other fees provided for under § 110-11 of this chapter.
The Town Board of the Town of Tusten may promulgate reasonable rules and regulations that may reasonably be necessary for the purpose of assuring the quality, efficiency, and effectiveness of direct-dial service alarms, the alarm installation, operation and maintenance in accordance with this chapter and of administering and enforcing the provisions of this chapter, as well as increasing the fees provided for under § 110-11.
Any person or alarm owner who or which violates a provision of this chapter shall be subject to a civil fine not to exceed $100 for a first violation and $250 for any subsequent violation.
The enforcement provisions of this chapter shall be enforced by the Code Enforcement Officer and are in addition to any other appropriate criminal sanction or civil cause of action which may be filed or brought against the alarm owner or person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Fees for the first registration of any alarms provided in § 110-6 and for annual reregistration of direct-dial service alarms as provided in § 110-7 shall be set from time to time by Town Board resolution.
B. 
Original registration fees are to be paid to the Tusten Town Clerk in accordance with the provisions of § 110-6. Reregistration fees shall be paid to the Town Clerk by January 1 of any registration year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the case of a false alarm, any person having knowledge thereof shall immediately notify the appropriate Fire Department. For such false alarms the Town Board of the Town of Tusten prescribes the following penalties:
A. 
For the first two false alarms in any given calendar year a warning shall be issued.
B. 
For subsequent false alarms in the same calendar year, a summons shall be issued which shall carry a fine of $100 for the third false alarm, $175 for the fourth false alarm and $250 for each subsequent false alarm.