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HomeMy WebLinkAboutOrdinance 1972 [1 ] ORDINANCE NO. 1972 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS AMENDING ORDINANCE #1814, THE FIRE PREVENTION ORDINANCE, REGARDING THE ASSESSMENT OF FEES FOR EXCESSIVE FALSE ALARMS; PROVIDING DEFINITIONS; PROVIDING A PROCEDURE FOR REPEAT OFFENDERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills adopted a Fire Prevention Ordinance number 1814 on June 22, 1992; and WHEREAS, the City Council finds that a high incidence of false alarms and/or malfunctions causes a significant misuse of personnel and resources of the Fire Department by causing the unnecessary dispatch of fire apparatus to the scene of a false fire alarm or fire alarm malfunction which renders them out-of-service and unavailable to respond to legitimate emergency situations; and WHEREAS, the City Council finds that the continued high incidence of false alarms and/or malfunctions are a threat to the health, safety and welfare of the citizens of the City of North Richland Hills; and WHEREAS, the North Richland Hills Fire Department supports recommending to the City Council this amendment of the Fire Prevention Ordinance Number 1814 for responses to multiple false fire alarms and fire alarm malfunctions as set forth herein; and WHEREAS, the City Council finds that the adoption of these procedures and fees for multiple false alarms and alarm malfunctions will serve the public health, safety and welfare; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. That, SECTION 17, FIRE ALARMS, be amended in its entirety to read as follows: A. DEFINITIONS As used in SECTION 17.8 and C only, the following words and terms shall have the following meanings: 1. EnforÅ“ment Offlclal: The Fire Chief or designated representative. [2] 2. False fire alann: The activation of any alarm which results in the response of the Fire Department caused by the negligence or intentional misuse of a fire alarm system by the owner/occupant or employees, servants or agents, or any other activation not caused by heat, smoke or fire, exclusive of a fire alarm malfunction. An alarm is not considered a false fire alarm if the alarm is activated due to obvious malicious causes beyond the control of the owner/occupant. 3. False alann malfunction: The activation of any alarm which results in the response of the Fire Department caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance or any other response for which the Fire Department personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation. 4. Fee: The assessment of a monetary charge payable to the City of North Richland Hills, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction. 5. Fire alann system: Any mechanical, electrical or radio-controlled device which is designed to emit a sound or transmit a signal or message when activated or any such device which emits a sound and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the generality of the foregoing, alarm systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital alarm communicator systems. A single station alarm device shall not be deemed to be a fire alarm system under this section. 6. Fire alann technician: Any person who inspects, installs, repairs or performs maintenance on fire alarm systems and who is licensed by the State of Texas or works under a State licensed alarm contractor. 7. OvmerlOccupant: Any persons or authorized representative who own, lease, operate, occupy or manage the premises in which a fire alarm system is installed. 8. Premises: Any building or structure, or combination of buildings or structures, including residential dwellings, tenant or lease spaces located wholly or partially inside such building or structures, classified by the Uniform Building Code as a Group A, B, E, H, I, M and R occupancies, where a fire alarm system is installed. 9. Required fire 8lann system: A fire alarm system which the owner/occupant of a premises is required to install and maintain in an operative condition pursuant to this code. [3] 10. Serve: The hand-delivery of written notification by a representative of the Fire Department to the owner/occupant or authorized representative who responds to the premises upon activation of a fire alarm system. In the event that the owner/occupant or authorized representative fails to respond to the premises within thirty (30) minutes of the activation of the fire alarm system, serve shall also mean the placement of written notification, form or other documentation within the postal system operated by United States Postal Service, addressed to the most current or last known address of owner/occupant or authorized representative. 11. Single-station alann device: An assembly incorporating the detector, control equipment and alarm-sounding device in one (1) unit operated from a power supply either in the unit, or obtained at the point of installation. 12. Smoke detector: A device which detects the visible or invisible particles of combustion. B. OWNER/OCCUPANT RESPONSIBIUTY, RESPONSE AND NOTIFICATION 1. The responsibility for a fire alarm system activation shall be that of the owner/occupant of the premises in which the fire alarm system is installed. 2. The owner/occupant shall respond and report to the premises within thirty (30) minutes of notification by Fire Department personnel. Failure of the owner/occupant to appear at said premises within thirty (30) minutes after being notified, shall result in an assessment fee of seventy-five dollars ($75.00) by the City of North Richland Hills of the owner/occupant of the premises. 3. The owner/occupant shall be served with a copy of a "Fire Alarm Activation Report". Such report shall indicate if the fire alarm system activation was either a false fire alarm or a false alarm malfunction. 4. Once a false fire alarm or fire alarm malfunction has been responded to by the Fire Department, it shall be unlawful for the alarm panel to be reset by the owner/occupant of the premises, until authorization from the Enforcement Official has been obtained. C. FALSE FIRE ALARM AND FIRE ALARM MALFUNCTION FEE CHARGES 1. All fees charged to an owner/occupant regarding false fire alarms and false alarm malfunctions shall be billed and collected by the City of North Richland Hills Finance Department. [4] 2. No fee shall be assessed for the first three (3) false fire alarms or fire alarm malfunctions at the same premises during each calendar year. Thereafter, a fee of two hundred and fifty dollars ($250.00) shall be paid by the owner/occupant for each false fire alarm or false alarm malfunction located in a Group A, B, E, H, I, M and R-1 occupancies. 3. No fee shall be assessed for the first three (3) false fire alarms or fire alarm malfunctions at a Group R-3 occupancy premises during each calendar year. Thereafter, a fee of twenty-five dollars ($25.00) shall be paid by the owner/occupant for each false fire alarm or false alarm malfunction. After the seventh (7th) false fire alarm or fire alarm malfunction, or any combination thereof has occurred at the premises, the fee shall be fifty dollars ($50.00) for each false alarm call during the calendar year. 4. False fire alarms activated by any components connected to the fire alarm system shall be included to compute the total number of false alarms for purposes of this section. 5. Should any fee assessed pursuant to this Section remain unpaid in excess of one-hundred-twenty (120) days from the date the charge is billed, a collection fee in the amount of thirty-five percent (35%) of the outstanding balance shall be assessed and shall be payable by the owner/occupant of the premises in addition to the original fee. The owner/occupant shall also be responsible for any legal fees or costs incurred by the City of North Richland Hills in the enforcement of this Section. D. FIRE ALARM INSTALLATIONS 1. When required, fire alarm systems shall be installed in accordance with the National Fire Code, 72, 72E or 72H. 2. The installation, maintenance and continuous operation of smoke detectors in every occupancy classification listed in the Uniform Building Code are required to be installed by the owner with location and number determined by the Building Official. All required smoke detectors are to be wired directly to a dedicated house current. (No battery powered detectors are allowed, except when used as a back-up.) 3. When fire alarm systems are installed which include appliances other than just local smoke detectors, the fire alarm system shall be supervised by an approved central, proprietary or remote station service or a local alarm which will give audible and visual signals at a continually attended location. 4. Fire alarm systems which were installed prior to the adoption of this code that do not comply with N.F.P.A. Standards or do not comply with the Americans Disability Act shall be brought into compliance with both of the above mentioned codes when any repair or alteration is made to the system. [5] 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance 1814, The Fire Prevention Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PþSp§D AND APPROVED BY THE CITY COUNCIL THISd~ TH DAY OF ~ð,1995. ~ ~MA 0 ATTEST: /2-~j!~-k, (crr! SECRETARY o FORM AND LEGALITY: ATTO The following is a list of fire alarm system malfunctions that the North Richland Hills Fire Department has responded to during a period from January 1, 1993 to November 30, 1993. Listed is the street address, occupant name [business only] and the number of times false alarm calls were made to that location in a 11 month period. STREET ADDRESS OCCUPANT NO. OF CALLS 7624 Grapevine Hwy. . . . . . . . . North Hills Mall . . . . . . . .. 56 7501 Glenview Dr. . . . . . . . . . . HCA Hospital .......... 16 7341 Glenview Dr. . . . . . . . . . . St. Johns Church ....... 15 5121 Rufe Snow Dr. ........ Don Pablo's ........... 14 5201 Rufe Snow Dr. ........ Richland Pointe Mall ..... 13 4351 Booth Calloway Rd. . . . . . N. Hills Prof. Bldg. . . . . . .. 11 8605 Airport Frwy. . . . . . . . . . . T.G.I Fridays .......... 11 8709 Airport Frwy. . . . . . . . . . . Lexington Inn .......... 08 6401 N.E. Loop 820 . . . . . . . . . Wal-Mart ............. 07 7800 Bedford Euless Rd. ..... Red Lobster . . . . . . . . . ., 06 4401 Booth Calloway Rd. . . . . . N. Hills Hospital . . . . . . . ., 05 6835 N. E. Loop 820 . . . . . . . . . Ryans Rest. ........... 05 6501 N.E. Loop 820 . . . . . . . . . Home Depot. . . . . . . . . ., 05 7517 Bogart St. . . . . . . . . . . . . F.W. Christian School .... 05 SUB TOTAL. . . . . . . . . . . 177 06 Businesses/Residences with 4 calls each ............ 24 13 Businesses/Residences with 3 calls each ............ 39 14 Businesses/Residences with 2 calls each ............ 28 84 Businesses/Residences with 1 call each... . . . . . . . . ., 84 SUB TOTAL. . . . . . . . . . . 175 Alarm Malfunctions for 11 month period TOTAL ....... 352