046 of 2011 - Enacting Chapter 5.09 relating to false fire alarms & establishment of fire watches 0 11-1
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SALT LAKE CITY ORDINANCE
No. 46 of 201 D
(False and Nuisance Alarm Fees/Fire Watch)
An ordinance enacting Chapter 5.09 of the Salt Lake City Code, relating to false fire
alarms and establishment of fire watches.
WHEREAS,the Salt Lake City Council finds that a high incidence of false fire and
suppression system alarms and/or nuisance fire and suppression system alarms causes significant
misuse of the manpower and resources of the Salt Lake City Fire Department by causing the
dispatch of emergency units to the scene of a nuisance fire alarm or false fire alarm, which
renders said units out of service and unavailable for response to emergency situations; and
WHEREAS, the Salt Lake City Council finds that the burden on the Salt Lake City Fire
Department resources as a result of such misuse exceeds the direct costs associated with a
response to a false or alarm as taking the unit out of service results in system-wide inefficiencies
and costs; and
WHEREAS, the Salt Lake City Council finds that the continued incidence of false and/or
nuisance alarms are a threat to the safety and welfare of the citizens of Salt Lake City, and
WHEREAS, the Salt Lake City Council finds that the following procedures and fees for
multiple false and/or nuisance alarms would serve the public safety and welfare; and
WHEREAS, the Salt Lake City Council finds that the establishment of fire watches is an
appropriate means of ensuring fire safety in the event a notification system is disconnected or for
any other reason authorized by the adopted Fire Codes.
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NOW, THEREFORE,be it ordained by the City Council of Salt Lake City:
SECTION 1. Chapter 5.09 of the SALT LAKE CITY CODE shall be and hereby is
enacted to read as follows:
CHAPTER 5.09
FIRE ALARMS
5.09.010 Purpose
A. The purpose of this ordinance is to require owners to properly use and maintain
the operational effectiveness of fire alarm systems in order to improve their reliability and
eliminate or reduce false fire alarms and nuisance fire alarms. The requirements of this
ordinance shall be in addition to, and not in place of, any requirements imposed by the
International Fire Code as adopted by the City.
B. This ordinance governs fire or fire suppression alarm systems designed to
summon the Salt Lake City Fire Department, assessment of fees for excessive false and nuisance
alanns, establishment of fire watch for repetitive violation or other authorized reasons,
severability of the parts hereof if declared invalid, and provides an effective date.
5.09.020 Definitions
As used in this ordinance,the following words and terms shall have the following
meanings:
A. "Adopted codes(s)"means codes adopted by Salt Lake City pursuant to Salt Lake
City Code 18.44.010.
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B. "Enforcement official"means the Fire Chief or his or her designated
representative.
C. "False fire alarm"means the activation of any monitored fire alarm, monitored
suppression alarm, or other Fire Department notification system which results in a response by
the Fire Department and which is caused by the negligence or intentional misuse of the system
by the owner or occupants, employees, or agents thereof, or any other activation of a system not
caused by heat, smoke, fire, or water flow.
D. "Fee"means the assessment of a monetary charge payable to the Salt Lake City
Treasurer to defray the expense of responding to a false fire alarm or nuisance fire alarm.
E. "Fire alarm system" means a system or portion of a combination system
consisting of components and circuits arranged to monitor and/or annunciate the status of a fire
alarm, suppression system activation, or signal initiating devices that initiate a response.
F. "Fire Department"means the Salt Lake City Fire Department.
G. "Fire watch"means an enforcement official approved person or persons assigned
to the premises for the purpose of protecting the structure or occupants from an emergency
situation. Fire watch may involve some special actions beyond normal staffing. These special
actions may include persons trained in fire prevention and detection, use of extinguishing
systems, and activation of fire alarms.
H. "Nuisance fire alarm" means the activation of any monitored fire alarm,
monitored suppression alarm, or other fire department notification system, which results in a
response by the Fire Department, caused by mechanical failure, lack of proper maintenance,
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malfunction, improper installation, or any other response for which emergency officials cannot
determine the cause of the alarm.
I. "Owner"means any person who owns the premises in which a fire alarm system
is installed. In the event such premises are leased to a third party, "owner"shall mean both the
owner of the property and the tenant in possession of the premises, and any responsibilities for
the alarm system and fees assessed hereunder shall be joint and several for both owner and
tenant.
J. "Premises" means any building, structure, or combination of building and
structures, wherein a fire alarm system is installed. For the purposes of this Ordinance, the
definition of Premises shall not include single family or two family residential buildings.
K. "Serve" shall mean delivery via certified U.S. Mail, return receipt requested, to
both the address of the premises and to the address of the record owner of the premises if
different than the address of the premises and available to the enforcement official.
5.09.030 Maintenance, Testing, and Inspection
A. The owner shall ensure that all fire alarm systems under his or her control are
periodically maintained as dictated by the manufacturer's specifications and adopted codes.
B. The owner shall ensure that all fire alarm systems are tested and inspected at least
once per year, in accordance with adopted codes.
5.09.040 Fire Alarm Activation and Response
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A. The owner of the premises shall be responsible for all activations of a fire alarm
system thereon.
B. A response to the activation of a fire alarm system shall result when any officer or
member of the Fire Department is dispatched to the premises where the fire alarm system has
been activated.
5.09.050 Intentional False Alarm
It shall be unlawful for any person to, knowingly or intentionally,turn in or report to the
Fire Department a false report of a fire, activate a false fire alarm, or tamper with or remove any
part of a fire alarm system.
5.09.060 Notice and Service Fees for Repeated False Alarms; Late Fees
A. Upon the first and second fire alarm activations in any 365 day period, deemed by
the enforcement official to be nuisance or false fire alarms, the enforcement official shall serve
notice to the owner of the premises where the fire alarm system has been activated notifying the
owner of the false or nuisance fire alarm activation, directing the owner to rectify the cause of
the false or nuisance fire alarm, and providing a warning that subsequent alarms may result in the
assessment of fees pursuant to this Chapter.
B. Additional fire alarm activations within any 365 day period, deemed by the
enforcement official to be nuisance or false fire alarms, shall result in the assessment of fees
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against the owner in the amounts stated in Appendix A, "Service Fees." The amounts provided
in Appendix A may be updated annually to reflect the estimated cost of a response.
C. Should any fee assessed pursuant to this ordinance remain unpaid in excess of
sixty (60) days from the date the fee is billed, a late payment penalty shall be imposed equal to
ten percent(10%) of the amount due. In addition, for each calendar month beyond the due date
that a payment is late, compound interest of two percent (2%) will accrue monthly until the fee,
plus penalties and interest, are paid in full.
5.09.070 Disconnection of Fire Alarm System; Fire Watch; Reactivation
A. At the discretion of the enforcement official and in the event that a premises is
habitually responsible for false or nuisance alarms, a written order to disconnect may be served
upon the owner specifying the date on which the owner shall be required to disconnect or
deactivate the fire alarm system. This notice may also be served in person. This date shall be at
least fifteen(15) days after the notice is mailed to the owner.
B. Each building affected by the disconnection or deactivation of the fire alarm
system shall be required to establish a fire watch that meets the requirements of the enforcement
official until the fire alarm system has been returned to service. The enforcement official, in his
or her discretion, may order a fire watch pursuant to Section 5.09.090.
C. The enforcement official shall have the authority to temporarily suspend the
occupancy certificate of the premises until all outstanding repairs are made on the fire alarm
system or if the fire watch is not maintained to the satisfaction of the enforcement official.
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D. A fire alarm system may be reactivated or reconnected upon a finding by the
enforcement official that the owner of the premises has taken necessary corrective action to
remedy the cause of the false fire alarms or nuisance fire alarms at the premises. The owner
shall have the burden of showing what corrective action has been taken upon making a request
for reactivation.
E. The owner shall be responsible for any inspection and/or testing fees incurred in
determining whether the fire alarm system is ready for reactivation. The enforcement official
shall not approve an order of reactivation or reconnection if the owner has failed to pay any fees
imposed pursuant to this Chapter or otherwise.
5.09.080 Appeals
A. An owner may appeal the assessment of fees to the enforcement official. An
appeal fee of(see Appendix A "Service Fees") must accompany the appeal. Appeal fees will be
returned to the owner if the appeal is upheld. The filing of an appeal with the enforcement
official stays the assessment of the fee until the enforcement official makes a final decision. The
owner shall file a written appeal to the enforcement official by setting forth the reasons for the
appeal within fifteen(15) days after notice is mailed.
B. An owner to whom a notice to disconnect or deactivate a fire alarm system was
mailed, pursuant to Section 5.09.070A, shall be entitled to appeal the order to the enforcement
official. An appeal fee of(see Appendix A "Service Fees") must accompany the appeal. Appeal
fees will be returned to the owner if the appeal is upheld. An appeal must be made in writing
stating the reason why the order to disconnect or deactivate should be withdrawn. The appeal
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shall be made within fifteen(15) days after notice to disconnect is mailed to the owner. The
enforcement official or his or her designee shall review the facts and circumstances and shall
determine whether the owner has shown good cause why the order should be withdrawn. If the
enforcement official affirms the order to disconnect or deactivate a fire alarm system, the owner
shall have fifteen(15) days after the written decision is served upon the owner to comply with
the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of
the order until the appeal has been acted upon by the enforcement official.
5.09.090 Fire Watch
A. In the event that the enforcement official orders a fire watch instituted as a result
of a fire alarm system being disconnected as provided for in this Chapter, or for any other reason
authorized by the adopted codes, such fire watch may be at the following levels or may provide
specific fire watch requirements at the discretion of the enforcement official:
i. Level I: Continuous monitoring of affected area for signs of smoke or fire
for the sole purpose of notifying the Fire Department(Dialing 911). This may be effectively
carried out through one or more approved employees of the building owner, security guards, or
Fire Department personnel.
ii. Level II: Continuous monitoring of affected area for signs of smoke or fire
for the purpose of notifying the Fire Department and assisting with evacuation. This may be
effectively carried out through one or more approved employees of the building owner, security
guards, or Fire Department personnel. These individuals must be familiar with the exiting
systems, fire protection systems, and evacuation plan relative to the affected area.
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iii. Level III: Continuous monitoring of affected area for signs of smoke or
fire for the purpose of notifying the Fire Department, assisting with evacuation, and fire
extinguishment/hazard mitigation. One or more Fire Department personnel will be required. An
emergency action plan may also be required.
B. The owner of the premises is responsible for paying all costs associated with
establishing a fire watch.
5.09.100 Government Immunity
Inspection of fire alarm systems, establishment of fire watches, or any other action
provided for in this Chapter is not intended to,nor will it, create a contract, duty, or obligation,
either expressed or implied, of response. Any and all liability and consequential damage
resulting from the failure to respond to a notification or take any other action as provided for
herein is hereby disclaimed and governmental immunity as provided by law is retained. Salt
Lake City, its officers, employees, and agents, shall not assume any duty or responsibility for the
installation, operation, repair, effectiveness, or maintenance of any privately owned fire alarm
system or the maintenance of a fire watch,those duties or responsibilities belong solely those of
the owner of the premises.
5.09.110 Severability
The provisions of this ordinance are severable. If a court determines a word, clause,
phrase, sentence, paragraph, subsection, section or other provision is invalid or that the
application of any part of the provision to any person or circumstance is invalid,the remaining
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provisions and the application of those provisions to the other persons or circumstances are not
affected by the decision.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah,this 19 day of July
20 If.
CHAIRPERSON
ATTEST AND COUNTERSIGN:
40.CITY RECORD ltf it
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Transmitted to Mayor on July 19, 2011 •
• ,�,...: •
Mayor's Action: \N Approved. Vetoed.
MAYOR
LC) CO APPROVED AS TO FORM
Salt Lake City Attorney's Office
Date: 2/ 4
(SEAL) By:
Brian F.Roberts,Senior City Attorney
Bill No. 46 of 2011.
Published: i -So-1 I
HB ATTY-#14383-v3-False Flre Alarm Ordinance.DOC
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APPENDIX A
SERVICE FEES
Description Fee
First False or Nuisance Alarm within.365 days None(notice provided)
Second False or Nuisance Alarm within 365 days None(notice provided)
Third False or Nuisance Alarm within 365 days $125.00
Fourth False or Nuisance Alarm within 365 days $250.00
Fifth False or Nuisance Alarm within 365 days $375.00
Sixth and above False or Nuisance Alarm within 365 days $500.00
Appeal Fee $100.00
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