[HISTORY: Adopted by the Board of Trustees of the Village of Albion at time of adoption of Code 8-14-1996 by L.L. No. 5-1996; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
This chapter shall be known as the "Alarm Permit Law."
It is the purpose of this chapter to protect and promote the health, safety and general welfare of the residents of the Village of Albion by reducing the number of avoidable alarms to emergency agencies. Avoidable alarms contribute to ineffective utilization of public safety manpower and equipment. In addition, avoidable alarms require emergency responses which may contribute to a high accident rate and delayed responses to genuine emergencies. This chapter seeks to ensure that communication facilities will be available to dispatch personnel for actual emergencies and to alleviate the nuisance of audible alarms to the surrounding community. Another purpose of this chapter is to contact responsible people to notify them of the activation of the alarm. This chapter also requires registration of alarm businesses and subscribers for the purpose of permitting the village to communicate with them regarding the administration of this chapter.
For the purposes of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:
ALARM AGENT
Any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility any alarm system. The provisions of this chapter shall not apply to a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed nor designs the scheme for physical location and installation of the fire alarm system in a specific location.
ALARM BUSINESS
The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM
Any mechanical or electrical device which is designed or used for the detection of fire, smoke or heat and/or unauthorized entry or intrusion, or attempts thereof, and which emits a sound or transmits a signal or message when activated. "Alarm systems" include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company or a cable television company to protect its systems which might be damaged or disrupted by the use of an alarm system
APPELLANT
A person who perfects an appeal pursuant to this chapter.
APPLICANT
A person, firm or corporation who or which files an application for a new or renewal permit as provided in this chapter.
AUDIBLE ALARM
A device designed for the detection of fire, intrusion or unauthorized entry which generates an audible sound on the premises when it is actuated.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or his or her employees or agents, or through any other cause which, through direct connection to an emergency agency or through notification of an emergency agency by a private answering point or automatic dialing device or through notification to an emergency agency by any other second party or means, indicates that an emergency situation exists requiring an emergency response within the Village of Albion when, in fact, an emergency situation does not exist. An "avoidable alarm" also includes the knowing or intentional activation of an alarm to an emergency agency when the activator knows that an emergency situation does not exist. "Avoidable alarm" shall not include alarms activated by violent conditions of nature, such as hurricanes, tornadoes, earthquakes or any other similar cause beyond the control of the user or installer of an alarm system; nor does it include an emergency or disaster drill conducted with prior notice to the emergency agency. Activation of an alarm system under any circumstances in which the activator reasonably believes that an emergency situation exists is not an "avoidable alarm," subject to the above exceptions.
DAY
A calendar day.
FIRE MARSHAL
The Fire Marshal of the Village of Albion or his or her deputy.
NOTICE
Written notice, given by personal service upon the addressee or given by United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of United States Postal Service.
PERMITTEE
Any alarm agent or alarm business who or which shall be granted a permit as provided herein, and his or her or its agents and representatives.
PERSON
A natural person, firm, partnership, association or corporation.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains an alarm system. A person or entity may be both a "subscriber" and an alarm business.
VILLAGE
Village of Albion, Orleans County, New York, or any area outside the corporate limits of the Village of Albion in which the Village of Albion is required by law or contract to provide fire-fighting, emergency response or security services.
A. 
The Village Board hereby prescribes the following minimum standards and regulations for the installation, construction and maintenance of all alarm systems installed within the Village of Albion:
(1) 
Alarm equipment shall be securely mounted to the building structure. A suitable moisture barrier shall be provided between equipment and exterior masonry walls.
(2) 
All protective circuit wiring shall have conductors not smaller than No. 18AWG.
(3) 
Wiring between a battery or power supply to an audible signal shall be of sufficient gauge to have not greater than a fifteen-percent voltage drop.
(4) 
Alarm wiring shall not be run in the same conduit as Class 1, 2 and 3 power lines. Burglar and fire alarms conductors of Class 2 and Class 3 circuits shall not be placed in any enclosure, raceway, cable tray, cable compartment, outlet box or similar fitting with conductors of light, power and Class 1 circuits.
(5) 
All splices shall be twisted and secured with solderless crimp conductors. Connection of wires to screw terminals shall be made using a spade lug, either crimp or solder type. Terminal boards with clamping washers will not require a spade lug or soldering. Wire nuts and punch block connections will also be permitted.
(6) 
Grounding shall be in accordance with the 1996 National Electric Code Section 250-5 under conditions of Section 250-5(a)(1), (2) and (3), also pursuant to Section 760-6, which refers to the above section.
(7) 
There shall be no testing of alarms by any alarm business, alarm agents or subscribers of the subscribers' agents that would normally summon fire services, unless such test is first cleared and verified through the Fire Department.
(8) 
Users of alarm systems are to be thoroughly instructed verbally and in writing in the operation and testing of all equipment, standby power and procedures to be followed in the event of any avoidable alarms and recommended replacement periods of dry cell batteries.
(9) 
All wiring for fire alarm systems is to be in accordance with NFPA 70, Article 760, and in accordance with New York State Uniform Fire Prevention and Building Code.
(10) 
All equipment must be listed or labeled by a recognized testing agency such as Underwriters' Laboratories Inc. F.M., Electric Testing Laboratories, C.S.A., etc. Any system installed in accordance with these specifications shall be considered acceptable under these standards.
(11) 
Authorized company identification shall include: name, height, recent photograph, company name, address and phone number, signature of employee and company official's signature and the issuing officer's signature.
B. 
All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The Fire Marshal may require inspection and approval of all alarm systems installed within the village. The Fire Marshal may prescribe a certification form to be completed by permittees certifying that an alarm system has been inspected an/or maintained by the permittee and the alarm system conforms to said minimum standards.
A. 
Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is actuated. Such notice shall be posted near the alarm in such a position as to be legible. In lieu thereof, such person may maintain such information with the Albion Police Department and Orleans County's Sheriff's Dispatch Office. This shall include the name and address and telephone number of any person having a key to the premises.
B. 
Each audible alarm shall be designated so as to terminates its alarm within 15 minutes from its initiation.
C. 
The Fire Marshal, the Fire Department officers or any peace officer may disable an audible alarm that has not been silenced prior to the expiration of the fifteen-minute period, and neither the Village of Albion, the Village of Albion Bureau of Code Enforcement and Fire Prevention, the Village of Albion Police Department, the Village of Albion Fire Department, The County of Orleans and the Orleans County Sheriff's Department, nor any official, employee or volunteer thereof, shall be liable for any damage that may result.
Every person engaged in the business of repairing, servicing, altering, replacing, removing, designing, selling, leasing, maintaining or installing alarms systems shall carry on his or her person at all times while so engaged a valid identification card in a form issued pursuant to the New York State General Business Law and shall display such permit to the Fire Marshal, Fire Department officer or any peace officer upon request.
Such permit shall be kept on the premises where the alarm system is located. The Fire Marshal may issue an appropriate permit identification tag and establish requirements for its posting.
No person shall engage in, conduct or carry on an alarm business without first applying for and receiving an alarm business permit therefor in accordance with the provisions of the New York State General Business Law, Article 6-D.
No person shall engage in conduct or operate as an alarms agent unless he or she is first registered with the Fire Marshal on the roster of an authorized alarm business. Such registration shall be invalid if the alarms agent leaves the employ of said alarm business.
No person shall possess or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter, provided that this section shall not be enforced as against alarm systems installed and operating on the effective date of this chapter for a period of 30 calendar days after said effective date.
A. 
The provisions of this chapter are not applicable to audible alarms affixed to automobiles.
B. 
Permits shall be required for alarm systems located in any structures located within the village as described herein. Alarm systems in structures of federal, state or local governmental agencies or authorities shall meet the other requirements of this chapter, including liability for civil penalties for its violations; provided, however, that such alarm systems shall be exempt from permit fees.
Whenever any change occurs relating to the written information required by § 124-15 of this chapter, the applicant or permittee shall give written notice thereof to the Fire Marshal within 20 days after such change or at any hearing conducted under this chapter if such hearing is conducted before said notice has been given.
The issuing authority shall be the Village Clerk. No permit shall be issued unless and until the application for same has been approved in writing by the approving authority.
The approving authority shall be the Fire Marshal.
Application for all permits required hereunder shall be filed with the Village Clerk and shall be accompanied by the requisite fee, as set forth from time to time by resolution of the Board of Trustees. The fee is established to cover part of the cost of investigating and processing the applications and permits and is not refundable. The Fire Marshal shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The form of the permit application shall be approved by resolution of the Village Board. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night.
[1]
Editor's Note: A fee schedule is located in the office of the Village Clerk.
The application for the permit shall be denied by the Fire Marshal if the alarm system does not comply with the standards and regulations adopted pursuant to § 124-4 of this chapter. Said permit shall be issued to the person owning, using or possessing the alarm system. Said permit shall be revoked 90 days after the conveyance of the premises on which the alarm system is located, unless a permittee shall certify that the fire alarm system has been inspected and/or maintained by the permittee after said conveyance and it conforms to the standards and regulations set forth in § 124-4.
A. 
The Fire Marshal shall review the applications for permits required to be issued under this chapter. The decision of the Fire Marshal shall be final.
B. 
The final determination of the Fire Marshal may be appealed pursuant to the Civil Practice Law and Rules of the State of New York.
The following fees shall be due and payable as indicated and at rates from time to time established by resolution of the Village Board of Trustees:
A. 
An annual permit fee shall be due and payable on January 1 occurring next after adoption of this chapter and on January 1 of each subsequent year for each alarm. Said permit fee shall not be prorated.
B. 
Each permit shall expire two years after issuance. Applications for renewals of permits shall be renewed only upon the certification by a permittee that the alarm system has been inspected and/or maintained by the permittee within the past 90 days and it conforms to the standards and regulations set forth in § 124-4.
[1]
Editor's Note: A fee schedule is located in the office of the Village Clerk.
An alarm agent shall be permitted to act pursuant to the authority of a valid alarm business permit if in conformance with other provisions of this chapter.
A. 
The following shall constitute grounds for suspension and revocation of the alarm system permit of a subscriber:
(1) 
Where there is violation of any of the provisions of this chapter;
(2) 
Where there is failure to comply with standards or regulations set forth in § 124-4 of this chapter.
(3) 
Where his or her alarm system activates excessive avoidable alarms and thereby constitutes a public nuisance, which shall be deemed to be three avoidable alarms in any one-hundred-eighty-day period;
(4) 
Where the subscriber, his or her employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record required to be filed with any village agency;
(5) 
Where the subscriber has had a similar type permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation;
(6) 
Where a subscriber has failed to keep his or her alarm systems in good repair; or
(7) 
Where a subscriber has failed to notify the Fire Marshal, the proper dispatching office and any party who would receive direct communication of an alarms, prior to any service, test, repair, maintenance, adjustment, alteration or installation which might actuate an avoidable alarm.
B. 
For the purposes of these standards and regulations, any alarm actuated where such prior notice has been given shall constitute an avoidable alarm.
C. 
The Fire Marshal shall be authorized to establish a cancellation code to be made available to subscribers who desire the ability to avoid an alarm which might otherwise be deemed an avoidable alarm. No penalty shall be imposed for alarms which are canceled in accordance with such procedures.
A. 
The Fire Marshal or his or her designee shall investigate written reports of each alleged avoidable alarm or alleged violations of other provisions of this chapter. Notice of said written report alleging violation shall be given to the subscriber.
B. 
The person alleged to be in violation of this chapter shall be given notice of the investigation and an opportunity to be heard during the investigative process. The Fire Marshal may hold a hearing if, in his or her sole discretion, it is deemed appropriate.
C. 
Upon completion of his or her investigation, the Fire Marshal shall make a determination which shall be final. The Fire Marshal shall give notice of said decision to the person alleged to be in violation and to the party who made the report which initiated the investigation.
D. 
A final determination of the Fire Marshal may be appealed pursuant to the Civil Practice Law and Rules of the State of New York.
If a person is found to be in violation of this chapter, the following shall apply:
A. 
The Fire Marshal shall serve the person determined to be in violation with a written order of suspension. Said order shall be effective immediately, if personally served, or three business days after same has been deposited in the United States Postal Service.
B. 
Immediately upon such an order becoming effective, the person in violation shall discontinue use of any alarm system requiring a permit issued pursuant to this chapter and cease all operations conducted under the authority of any permit issued pursuant to this chapter.
C. 
In the event that an order of suspension has been issued for violation of § 124-20A(3), the Fire Marshal may reinstate an alarm system permit upon receipt of the certification that the alarm system has been inspected and/or maintained subsequent to the issuance of the order of suspension, and a further certification from a permittee that it conforms to the standards and regulations set forth in § 124-4.
A. 
The order of suspension shall become a revocation 15 days after the order of suspension becomes effective, unless the subscriber or permittee initiates an appeal from the determination of the Fire Marshal.
B. 
Where an appeal has been initiated, the order of suspension shall be stayed pending the determination of said appeal.
If any permit is revoked pursuant to this chapter, the subscriber or permittee shall surrender said permit to the Fire Marshal.
In addition to other provisions of this chapter, persons in violation thereof shall be liable for civil penalties[2] for each violation as set forth from time to time by the Board of Trustees for the following:
A. 
Failure to have alarm business permit or alarm agent permit.
B. 
Failure to have an alarm system permit; provided, however, that until one year from the effective date of this chapter, said penalty shall be deemed waived if the subscriber obtains an alarm system permit within 10 days of notification of the violation.
C. 
Violation of § 124-5B.
D. 
Violation of § 124-20A(3) for the following:
(1) 
A third avoidable alarm.
(2) 
A fourth avoidable alarm.
(3) 
Each avoidable alarm thereafter.
[1]
Editor's Note: See Ch. A295, Civil Penalties.
[2]
Editor's Note: See Ch. A295, Civil Penalties.
All remedies shall be cumulative, and the use of one or more remedies by the village shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee or civil penalty shall be deemed a debt to the village. An action may be commenced in the name of the village in any court of competent jurisdiction for the amount of any delinquent permit fee or civil penalty. All permit fees shall be due upon issuance of the permit.
A. 
Information contained on applications for permits required under this chapter shall be confidential.
B. 
Records of avoidable alarms of subscribers shall be deemed to be confidential.
C. 
Records of avoidable alarms on the equipment of any alarm business shall be indexed under the alarm business which installed and/or who certified it to be in conformance with the standards and regulations set forth in § 124-4. Said records shall be available to the public.
D. 
All information on applications pertaining to avoidable alarms shall not be deemed confidential insofar as it is necessary to conduct any litigation under this chapter or to be provided to appropriate officials for fire protection purposes.
E. 
The Fire Marshal shall be deemed custodian of the records pertaining to the administration of this chapter.