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HomeMy WebLinkAbout4746 - 11/22/2004 INDE BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 05 22313 • j MAR 30 2005 ,AT 1:00 P. M. FEE 1-20.00/ - 1.00/ j PRO FILED FOR RECORD > COMPARED 6:ki&dA011140 BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4746 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 9-2B-2, FALSE ALARMS, OF ARTICLE B, ALARM SYSTEMS, OF CHAPTER 2, FIRE PREVENTION AND PROTECTION, OF TITLE 9, BUILDING REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SECTION 9-2B-2, FALSE ALARMS, OF ARTICLE B, ALARM SYSTEMS, OF CHAPTER 2, FIRE PREVENTION AND PROTECTION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations, is hereby repealed in its entirety; that a new Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : 9-2B-2 : False Alarm Fee Schedule A. Definitions False Fire Alarm means the activation of a fire alarm system through technical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents. A false alarm under ,this division does not include alarm system failures caused by water, gas, electrical, telephone or other transmission lines or devices not under the control of an alarm user or his or her agent or employee, the willful act of any person other than the alarm user or his or her agent or employee, and does not include failures due to conditions clearly beyond the control of the alarm user or his or her agents or employees . False Fire Alarm includes alarms, which activate a signal to which the Fire Department responds with equipment and personnel without regard to whether the alarm is connected to any receiving alarm station. It also includes the willful use of an alarm system for purposes other than warning or notification of a fire . A false alarm does not include any activation of an alarm, which is caused by storms, tornadoes, or other violent weather conditions . t Ordinance No. 4746 Page 2 B. False Alarm Penalties The Fire Department is authorized to impose monetary fee penalties upon fire alarm users who have three (3) or more false alarms per fiscal year of alarm use. Alarm users shall be granted two (2) false fire alarms, which fall under the above definition, without a fee charge, per fiscal year of use. All careless use, improper maintenance, improper installation, malfunction or alarms due to negligence, after the two (2) nonchargeable alarms shall be subject to the False Alarm Schedule found in Subsection C. Further, if an alarm owner, user, or designated representative, agent or employee refuses to respond to the place of business or residence, to reset the alarm, or does not report within thirty (30) minutes of the City Fire Departments response to the location, the owner and/or alarm user will be assessed a fee of one hundred dollars ($100 . 00) , in addition to the appropriate fee from the False Fire Alarm Schedule, for the call . C. False Fire Alarm Penalty Fee Schedule for Fiscal Year 1 . 3rd through and including 4th False Alarm: $200 . 00 per each alarm. 2 . 5th through and including 9th False Alarm: $275 . 00 per each alarm. 3 . 10th and above False Alarms : $425 . 00 per each alarm. D. New Fire Alarm Installations No alarm, which occurs within thirty (30) calendar days of the date of notification of the installation of a new alarm or alarm system, shall be considered a false alarm, or be subject to false fire alarm penalty fees . E. Technical Failure, Equipment Malfunction, or Improper Installation The owner and/or user of any newly installed fire alarm system, which transmits three (3) or more false alarms, from day thirty-one (31) to and including day sixty (60) , due to technical failure, equipment malfunction, or improper installation, shall be subject to' the assessment and billing of a false fire alarm fee based on the following fee schedule: 1 . 3rd through and including 7th False Alarm: $50 . 00 per each alarm. Ordinance No. 4746 Page 3 2 . 8th False Alarm and above: $100 . 00 per each alarm. After day sixty (60) and any subsequent false fire alarms shall be subject to the provisions found in the False Fire Alarm Penalty Fee Schedule For Fiscal Year, in Subsection C. F. Fee Alternative As an alternative to the imposition of fees for false alarms based upon technical failure, equipment malfunction, or improper installation, the Fire Chief or designated representative may waive such fees if the owner and/or alarm user agrees to upgrade the existing alarm system in such a manner which, in the determination of the Fire Chief or designated representative, will significantly reduce or prevent further false fire alarms . The alarm owner and/or alarm user shall submit appropriate documentation and specifications of such alarm system upgrade to the Fire Chief or designated representative for review. If such alarm system upgrades are approved by the Fire Chief or designated representative, imposition of fees for false fire alarms based on technical failure, equipment malfunction, or improper installation will be held in abeyance pending installation of such upgrades . The owner and/or alarm user shall be given thirty (30) calendar days in which to complete the alarm system upgrade following approval of the proposed system upgrades specifications . Notice of approval or disapproval shall be given in writing and served on the alarm owner and/or alarm user by mail. Failure of the alarm system owner and/or alarm user to complete such upgrade within the specified thirty (30) calendar days shall result in imposition of the technical failure, equipment malfunction, or improper installation fee schedule as provided in Subsection E. G. Alternative Fire Watch When, in the opinion of the Fire Chief, it is essential for public safety, the Fire Chief may require the owner and/or alarm user to provide standby personnel at the premises to keep a diligent watch for fire, until the fire alarm system is restored. INTRODUCED: November 22, 2004 PASSED 1st CONSIDERATION: November 22, 2004 PASSED 2nd CONSIDERATION: November 22, 2004 PASSED 3rd CONSIDERATION: November 22, 2004 Ordinance No. 4746 Page 4 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 22nd day of November, 2004, and approved by the Mayor on the 24th day of November, 2004 . Tim Hurley, ayor ATTEST: C Nancy cker CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4746, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 22nd day of November, 2004 . Witness my hand and seal of office this 24th day of Iovember, 2004 . §EI, `` Nanc Ecke , CMC City Clerk