HomeMy WebLinkAbout3734-08/13/1990ORDINANCE NO. 3734
AN ORDINANCE ESTABLISHING FIRE ALARM SYSTEMS BY
ADDING ARTICLE IV, ALARMS SYSTEMS, TO CHAPTER 14
OF THE WATERLOO CODE OF ORDINANCES.
ARTICLE IV - ALARM SYSTEMS
DIVISION I. In General
Section 14-76. Purpose and definitions.
(a) The purpose of this chapter is to provide minimum
standards and regulations applicable to fire alarms, alarm
businesses, alarm agents and alarm users as defined in this
chapter.
(b) For the purpose of this chapter, the following
terms, phrases, words, and their derivations shall have the
meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words used in the plural number include the singular number,
and masculine pronouns include the feminine. The word
"shall" is always mandatory and not merely directory.
(1) ALARM AGENT means any person employed by an alarm
business whose duties include the altering,
installing, maintaining, moving, repairing,
replacing, leasing, servicing, responding to, or
causing others to respond to an alarm device.
(2) ALARM BUSINESS means any business operated by a
person who engages in the activity of altering,
installing, leasing, maintaining, repairing,
replacing, selling, servicing, or responding to a
fire alarm system, or who causes any of these
activities to take place.
(3) ALARM SYSTEM means an assembly of equipment and
devices (or a single device such as a solid state
unit) arranged to signal the presence of a hazard
requiring urgent attention and to which fire
department agents are expected to respond. In
this chapter, the term "alarm system" shall
include the terms "automatic fire alarms", "manual
fire alarms", and "fire alarms" as those terms are
hereinafter defined.
(4) ALARM USER means any person on whose premises an
alarm system is maintained within the city or any
person using such system. Excluded from this
definition and from the coverage of this chapter
are persons who use alarm systems to alert or
signal persons within the premises in which the
alarm system is located.
(5) ANNUNCIATOR means the instrumentation at the
receiving terminal of a signal line which through
both visual and audible signals shows when an
alarm device at a particular location has been
activated or it may also indicate line trouble.
(6) AUTOMATIC FIRE ALARM means an alarm system in
which the signal transmission is initiated by
reaction to a fire or extinguishing system.
(7) CITY means the city of Waterloo, Iowa.
BOOK 292 PAGE 349
Ordinance No. 3734
Page 2
(8) DIRECT CONNECTION means an alarm system which has
the capability of transmitting system signals to
and receiving them at an agency maintained by the
local government; for example, a fire
communication center.
(9) DIRECT LINE means a telephone line leading
directly from a central station to the
communication center of the fire department that
is for use only to report emergency signals on a
person-to-person basis.
(10) FALSE ALARM means the activation of an alarm
system through careless use or improper
maintenance by the owner or lessee of an alarm
system or by his/her employees or agents. Such
terminology does not include, for example, alarms
caused by hurricanes, tornadoes, earthquakes or
other violent conditions.
(11) FIRE ALARM SYSTEM refers to an alarm system
signaling a fire or activated extinguishing
equipment.
(12) FIRE CHIEF means the Chief of the Fire Department
of the city, or his designated representative.
(13) FIRE DEPARTMENT means the publicly supported fire
department of the city, or any authorized agent
thereof.
(14) INTERCONNECT means to connect an alarm system to a
voice -grade telephone line, either directly or
through a mechanical device that utilizes a
standard telephone, for the purpose of using the
telephone line to transmit an emergency message
upon the activation of the alarm system.
(15) LOCAL ALARM SYSTEM refers to a signaling system
which when activated causes an audible and/or
visual signaling device to be activated in or on
the premises within which the system is installed.
(16) MANUAL FIRE ALARM refers to an alarm system in
which the signal transmission is initiated by the
direct action of a person.
(17) PERSON means any person, firm, partnership,
association, corporation company, or organization
of any kind.
(18) PRIMARY T.RUNKLINE means a telephone line leading
directly into the communication center of the fire
department that is for the purpose of handling
emergency calls on a person-to-person basis, and
which is identified as such by a specified number
included among the emergency numbers listed in the
telephone directory issued by the telephone
company and covering the service area within the
fire department's jurisdiction.
(19) PROPRIETARY SYSTEM means an alarm system sounding
and/or recording alarm signals at a control center
located within the protected premises, the control
center being under the supervision of the
proprietor of the protected premises. If a
proprietary system includes a signal line
connected directly or by means of an automatic
dialing device to a fire communication center, it
BOOK 29> PACE 350
Ordinance No. 3734
Page 3
thereby becomes an "alarm system" as defined in
this section.
(20) SIGNAL LINE refers to the transmission line
through which the signal passes from one ,of the
elements of the signal transmission to another.
(21) SUBSCRIBER means a person who buys and/or leases,
or otherwise obtains an alarm signaling system and
thereafter contracts with or hires an alarm
business to monitor and/or service the alarm
device.
(22) TELEPHONE COMPANY means the utility that furnishes
telephone services to the city.
(23) ANSI stands for the American National Standards
Institute.
(24) UL stands for Underwriters' Laboratories.
(25) PUBLIC SAFETY COMMITTEE means that group selected
from the city council persons to form said
committee.
DIVISION II. LICENSING
Sec. 14-77. Application for license by alarm business.
(a) Any person engaging in an alarm business in the
city shall, within thirty (30) days after the effective date
of adoption of this chapter, apply to the fire chief for a
license to operate on a form to be furnished by the fire
chief. Any person intending to commence operation of an
alarm business in the city after the effective date of this
chapter shall, prior to the commencement of any such
operation, apply to the fire chief for a license to operate
on a form to be furnished by the fire chief. Businesses
which sell only those alarm systems excluded from the
definition of alarm systems in section 14-76(b)(3) of this
chapter are not required to obtain a license under this
section. Such application shall be signed by the individual
proprietor of such business, or by a partner, or by the
proper corporate official, as is appropriate for the form of
the business seeking the license, and shall include:
(1) The name, address and telephone number of the
alarm business, and the type of business
organization it is (individual, partnership, or
corporation). If the business is an individual
proprietorship, the name, address and telephone
number of the owner; if a partnership, the name,
address and telephone number of each partner
(general, limited, silent, etc.); if a
corporation, the names and addresses of the
directors, principal officers and stockholders
(any stockholder holding more than twenty (20) per
cent of the corporation's authorized and issued
stock), and the state where incorporated.
(2) Certification that within ninety (90) days after
the effective date of this chapter or upon receipt
of notice of approval of a license application,
whichever date occurs later, a complete list of
names and addresses of all persons in the city to
whom or for whom alarm systems have been leased,
installed or who are currently under contract to
the alarm business for services on or after the
effective date of this chapter shall be maintained
BOOK 29? FACE 351
Ordinance No. 3734
Page 4
for inspection by the fire chief during the course
of his official business
(3) A complete list of criminal convictions, if any,
except for minor traffic offenses, 6f the
applicant, or a list of criminal convictions, if
any, except for minor traffic offenses, of each
partner, officer, local office manager, and alarm
agent.
(4) A statement that the applicant will inform the
fire department within ten (10) days after any
substantial change in the information required by
this section.
(b) License application shall be accompanied by a
nonrefundable fee of fifty dollars ($50) to cover the costs
of the city of processing the application and investigating
the applicant. Prior to obtaining a license, every
applicant shall file in the office of the city clerk an
indemnity bond with a corporate surety authorized to do
business in this state or an insurance policy issued by a
company authorized to do business in this state. The
minimum limits of liability of said bond or insurance shall
be as provided by resolution of the city council, and said
bond or insurance policy shall be issued for a period to
cover the life of the license applied for. Failure to
maintain such bond or insurance in full force and effect
shall be grounds for revocation of the license.
(c) Applicant already doing business in the city on
the effective date of this chapter may continue to do
business while their license applications are being
processed. An applicant not previously doing business in
the city on the effective date of this chapter shall not
commence doing business until his/her application is
approved.
Sec. 14-78. Action on applications.
(a) The fire chief shall cause a report on the
applicant to be prepared based on the information contained
in the application together with such other relevant
information as may be obtained pertaining to the applicant
or his/her business.
(b) On the basis of this report, the city council
shall within sixty (60) days after the receipt of an
application for an alarm business license or an application
for renewal either approve or deny the issuance or renewal
of a license. Upon making a decision, he shall:
(1) In case of approval, notify the applicant in
writing of the approval and inform him/her that
upon the presentation of the writing to the city
clerk, or his designated representative, and the
payment of the required fee set by resolution of
council, the applicant will be issued a license to
operate.
!"?) In the case of denial, notify the applicant, in
writing, of the denial and of the basis for the
denial, which may be nonconformance with any part
of this chapter. If the basis for the denial can
be corrected, the writing shall so state and shall
explain how the correction may be made. The
notice of denial shall inform the applicant that
he/she may appeal the denial and set forth the
x ) "57+
BOOK PALE
Ordinance No. 3734
Page 5
procedure for appeal. The procedure for appeal
shall be as follows:
a. Within ten (10) days after receipt of the notice
of denial, the applicant shall file a notice of
appeal with the city clerk addressed to the public
safety committee of the city council stating the
basis of the appeal.
b. The city clerk shall cause the applicant to be
given notice of the time and place of hearing
before the public safety committee by mail at
least seven (7) days in advance of the date of the
hearing. Notice of such hearing shall also be
posted as part of the city council's agenda for
that meeting. The applicant may appear before the
public safety committee and the applicant or
his/her designated representative may make an oral
presentation of his/her appeal, or he/she may make
an oral presentation of his/her appeal, or he/she
may make the appeal through a written statement,
or he/she may do both. The public safety
committee shall rule on the appeal within seven
(7) days after it is heard, and such ruling shall
be final.
Sec. 14-79. Fees and renewal.
(a) On or before July 1 of each year, each alarm
business having a license to do business in the city shall
make application to renew its license by filing an
application for renewal on an appropriate form provided by
the city. The application for renewal shall list any
changes in the information contained on its application for
a license or since its last renewal. The application for
renewal shall be accompanied by a fee of fifty dollars
($50).
(b) No refunds of license fees provided in this
chapter shall be made.
Sec. 14-80. Revocation.
(a) In addition to any penalties which may be imposed
for the violation of certain provisions of this chapter, the
city may, pursuant to the provisions of this section, revoke
the license of an alarm business on any of the following
grounds:
(1) Fraud or willful and knowing misrepresentation or
false statement made in an application for a
license.
(2) Fraud or willful and knowing misrepresentation or
false statement made in the conduct of an alarm
business.
(3) Failure to correct any deficiencies in equipment
or operation within thirty (30) days after receipt
of notice of same from the fire chief.
(4) Failure to comply with any order or notice issued
by the fire chief after the licensee's rights to
hearing and appeal have been exhausted or failure
after reasonable notice to permit the fire chief
to inspect any lists which he is authorized to
inspect under this chapter, or failure to comply
with the standards imposed by this chapter within
BOOK PACE
Ordinance No. 3734
Page 6
thirty (30) days after notice or order from the
fire chief.
(b) No alarm business license shall be revoked until a
hearing is held by the public safety committee. .Written
notice of the time and place of the hearing shall be served
on the holder of the license at least ten (10) days before
the date set for the hearing. The notice shall set forth a
summary of the grounds advanced as the basis for the
revocation of the license.
(c) At the hearing before the public safety committee,
the holder of the license or his/her authorized
representative, shall be given an opportunity to confront
and examine any adverse witness, and to present evidence on
his/her own behalf. After the hearing the fire chief shall
either dismiss the revocation proceeding or shall forward
the matter to the council with his/her recommendation that
the license be revoked.
(d) Any person whose license is revoked pursuant to
subsection (c) above shall have the right to file a written
appeal with the city council within ten (10) days after
receiving notice in writing of the revocation recommendation
from the public safety committee. Such appeal shall set
forth in detail the specific ground or grounds on which it
is based. The city council shall hold a hearing on the
appeal and shall cause the appellant to be given at least
seven (7) days' written notice of such hearings. At the
hearing the appellant or his/her authorized representative
shall have the right to present a written or oral argument,
or both, in support of his/her appeal. The determination of
the city council on the appeal shall be final.
(e) Within ten (10) days after an alarm business
receives notice of revocation of its license, or after it
has exhausted all appeals with respect to such revocation,
it shall notify all persons for whom it is required to
maintain a list pursuant to section 14-77(a)(2) of this
chapter of such revocation, and the notice shall advise such
persons that the alarm business must cease providing service
for or selling fire alarm systems to such persons. When the
notice required by this paragraph has been completed the
alarm business shall submit a sworn certificate to the fire
chief that it has met the requirements of this paragraph.
(f) After notice of revocation has been given, an
alarm business licensee may continue to operate his/her
business until all of his/her rights of appeal under this
chapter have been exhausted.
DIVISION III. USER FEES AND REQUIREMENTS
Sec. 14-81. Alarm user fee.
(a) Each licensed alarm business shall pay a fee for
each alarm user in the city, to whom alarm systems have been
leased, installed, or who are currently under contract with
the licensed alarm business for services on or after July 1,
1989. The fees shall be as follows:
Notifier system alarm user fee shall be twenty
dollars ($20.00) per year per alarm user.
(b) The alarm user fees shall be paid in each
succeeding year by July lst.
� ,� rj
BOOK 4 , PAGE 354
Ordinance No. 3734
Page 7
(c) The alarm company shall be responsible for the
entire annual fee whenever any new alarm system is
installed.
Sec. 14-82. Contact list.
Each alarm user shall furnish to the city
clerk/auditor, on or before July 1 of each year, an updated
and accurate list of persons, including phone numbers, to
contact when necessary in the event of an alarm signal at
their business/residence at a time when it is unoccupied or
unattended. Changes in such list after it is submitted
shall be communicated to the fire department without delay.
Sec. 14-83. Applicability.
Sections 14-81 and 14-82 shall be applicable to all
alarm users in the city including, but not limited to:
proprietary system users and fire alarm users when such
system signals the fire department.
If an alarm user employs a local alarm system, such
system shall not be subject to the alarm user fee. However,
the local alarm user shall comply with all other sections of
this chapter.
Sec. 14-84. Failure to pay alarm user fee.
If an alarm company fails to pay the alarm user fees by
the due date each year, the fire chief may issue written
notice by certified mail of the intention of the fire
department to disconnect the alarm system from its
connection to the fire department. The alarm company may
appeal the decision by the fire chief as provided for in
Section 14-90(c) through (g).
DIVISION IV. BUSINESS REGULATIONS AND STANDARDS
Sec. 14-85. Automatic dialing device interconnecting to
primary trunklines.
(a) No automatic dialing device shall be
interconnected to a primary trunkline after the effective
date of this chapter.
(b) Within ninety (90) days after the effective date
of this chapter, all automatic dialing devices
interconnected to a primary trunkline shall be disconnected
therefrom. The owner or lessee of such device shall be
responsible for having the device disconnected within the
ninety -day time period.
Sec. 14-86. Inspection of alarm devices and businesses.
(a) Before hookup into the fire department monitoring
board, inspection at the option of the fire chief, or his
authorized representative, may be made.
(b) If such inspection reveals any violations of the
provisions of this chapter, a written report detailing such
violations shall be promptly sent to the city council and to
the owner, lessee, or other person responsible for the alarm
system or business in violation of this chapter. Such
report shall require the correction within thirty (30) days
after receipt of the notice of the violation discovered, and
shall state that a failure to comply may result in the
revocation of the alarm business license to operate, or in
the revocation of the alarm user's permit, in accordance
j
BOOK
PACEti
Ordinance No. 3734
Page 8
with provisions of this chapter relating to revocation of
licenses and permits.
Sec. 14-87. Statistical data.
In addition to any other information that may ba
required to be supplied by the provisions of this chapt€:'c,
the fire chief may require an alarm business to furnish b:m
with certain statistical data which may be reasonably
available relative to specified periods of operation after
the effective date of this chapter. Any operation data so
furnished shall be for use only by the fire chief or his
authorized representative.
Sec. 14-88. Testing of equipment.
No alarm system designed to transmit emergency messages
directly to the fire department shall be tested or
demonstrated without first obtaining permission from the
fire department.
Sec. 14-89. Notice of disruption in service.
When an alarm business service to its subscribers is
disrupted for any reason by the alarm business, or the alarm
business becomes aware of such disruption, it shall promptly
notify its subscriber that protection is no longer being
provided. If, however, the alarm business has written
instructions from this subscriber not to make such
notification by telephone during certain hours, the alarm
business may comply with such instructions.
Sec. 14-90. False alarms.
(a) An alarm user will be charged for each false alarm
a fee pursuant to the following false alarm charge
schedules:
FALSE ALARM FEE SCHEDULE BEGINNING EACH FISCAL YEAR
Third through and including fourth $175.00
Fifth through and including ninth 250.00
Tenth and above 400.00
Alarm users will only be charged for careless use or
improper maintenance of the alarm system and not for
malfunctions due to telephone company repairs. Alarm users
shall be granted two (2) careless use alarms, without a fee
schedule charge, per fiscal year of use. All careless use
or improper maintenance alarms after the two (2)
nonchargeable alarms shall be subject to the false alarm fee
schedule. Further, if an alarm user refuses to respond to
the place of business or residence to reset the alarm after
fire fighters have responded to that location, the alarm
call will be handled as a careless use or improper
maintenance alarm and the appropriate fee charged.
(b) If any alarm user fails to pay a false alarm
charge within thirty (30) days of being billed, the fire
chief may issue written notice by certified mail of his
intention to disconnect the alarm user's alarm from its
connect to the fire department.
(c) The alarm user will have the right to appeal the
disconnection by the fire department, subsection (b) above.
Written notice of the time and place of hearing shall be
served on the alarm user by the fire chief by certified mail
at least ten (10) days prior to the date set for hearing.
BOOK 2(12 PACE ui
Ordinance No. 3734
Page 9
(d) At the hearing before the public safety
committee, the alarm user or an authorized representative
shall have the right to confront and examine witnesses, and
to present evidence as to the delinquency.
(e) Any alarm user whose alarm system has been
disconnect pursuant to this section shall have the right,
within ten (10) days after receiving notice of said action
from the fire chief, to file a written appeal by certified
mail or hand delivery with the public safety committee, and
no alarm user shall be required to discontinue use of
his/her alarm system prior to the expiration of such ten-day
period. Such appeal shall set forth the specific ground or
grounds on which it is based. The city council shall hold a
hearing on the appeal and shall cause the appellant to be
given at least seven (7) days' written notice of such
hearing. At the hearing the appellant or his/her
designated representative, shall have the right to present
written or oral argument, or both, in support of his/her
appeal. The city council shall issue its decision within
seven (7) days after the hearing.
(f) If an alarm user files an appeal pursuant to
paragraph (e) of this section, he/she shall not be required
to discontinue use of the alarm system until a final
decision is made on his/her appeal.
(g) Any alarm user whose alarm system has been
disconnected from fire department facilities is not
precluded under this section from applying for a new
connection. The fire chief, however, is not required to
allow a new connection unless past delinquencies have been
satisfied, the fire chief is satisfied that the applicant
will meet the obligations proposed under this chapter in
the future, and sufficient boards space is available at the
fire department for the connection.
Sec. 14-91. Service by mail.
Whenever a person, the fire chief or any city official
or employee is required to make delivery by certified mail,
delivery, in lieu thereof, may be made by hand by any person
eighteen (18) years of age or older.
Sec. 14-92. Judicial review.
Nothing herein shall be deemed to deny to any person
claiming to be aggrieved by any determination hereunder any
applicable judicial remedies provided for by the laws of
the State of Iowa, including the right to appeal to district
court.
Sec. 14-93. Penalties for violation.
(a) The failure of any person to:
(1) Obtain an alarm business license as required in
sections 14-77 through 14-79;
(2) make the corrections to alarm systems as required
by section 14-86(b);
(3) Obey any order of the fire chief or city council
of suspension or revocation of an alarm business
license, order to disconnect an alarm system from
the fire department trunkline or board after such
person has exhausted his/her right to hearing or
appeals;
BOOK 292 PAGE tit�I
Ordinance No. 3734
Page 10
constitutes an offense punishable by a fine of up to one
hundred dollars ($100.00) or imprisonment up to thirty (30)
days in jail. Each day that such violation continues after
the expiration of the period allowed for compliance under
the provisions of this chapter shall constitute a.separ.ate
offense.
(b) Likewise as part of the penalty provisions of this
chapter, section 1-8 of the Municipal Code, City of Waterloo
is adopted and shall apply to this chapter and supersede the
penalty clause as above provided when this chapter is
incorporated into and made a part of the Municipal Code,
City of Waterloo, and such penalty clause is herewith
adopted and made applicable to all violations of this
chapter.
(c) All fees and charges required by this Article, if
not paid within sixty (60) days, shall constitute a lien
upon the premises served by said service and may be
certified to the County Treasurer and collected in the same
manner as taxes.
(d) All fees and charges required by this Article
shall be paid to the City Clerk and such charges therefor as
shall be, from time to time, established and set by
resolution of the city council of the City of Waterloo,
Iowa.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
July 23, 1990
July 23, 1990
August 6, 1990
August 13, 1990
PASSED AND ADOPTED this 13th day of August, 1990.
ATTEST:
BA -
Robert J. row
Michelle Temeyer;''Depu y City Clerk/Auditor
CERTIFICATE
n, Mayor Pro Tem
I, Michelle Temeyer, Deputy City Clerk/Auditor of the
City of Waterloo, Iowa, do hereby certify that attached
hereto is a true and complete copy of Ordinance No. 3734, as
passed and adopted by the Council of the City of Waterloo,
Iowa, on the 13th day of August, 1990.
Witness my hand and seal of office this
August, 1990.
15th day of
Michelle Temele67r
BOOK 2t3? PAGE 353
MISC
INDEXED g,Ir-
COMPARED f!
PAGED Or
BOOK 292 PAGE 359
BLACK HAWK COUNTY, tOWA:SS
Filed for record Aug 304q 90
at 10:35 A FA, and recorded in
Mi sc Book 292
Page 349
Recorder
Deputy
Fee 50.00A
Cl erk/Audi tor
City of Waterloo
Attn: Nancy
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STATE OF IOWA.
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Black Hawk County.
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1 do solemnly swear that the annexed copy o1
Ordinance No, 3734
notice was published In the ltlntcrloo Courier a daily newspaper printed In Waterloo,
Black Hawk County, Iowa once w fev a�wseeMwe
Legal: City of Waterloo
commencing on the 31s t day of August
August 31, 1990
1990 in the issues of
of said newspaper, and that the annexed rate of
dvertleing Is the regular legal rate of said newspaper, and that the following Is a correct bill for
ubllshing said notice.
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