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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/17/2013 - FIRST READING OF ORDINANCE NO. 127, 2013 REPEALINGDATE: September 17, 2013 STAFF: Ann Turnquist AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT First Reading of Ordinance No. 127, 2013 Repealing Article II of Chapter 15 of the City Code in its Entirety. EXECUTIVE SUMMARY Article II of Chapter 15 of the City Code regarding intrusion, robbery, fire and other alarm systems is outdated and needs to be repealed in its entirety. BACKGROUND / DISCUSSION Article II of Chapter 15 of the City Code addresses intrusion, robbery, fire and other alarm systems. This Article, which was last updated in 1972, is outdated due to the great advances in security systems technology over the years. Systems are no longer dependant on a hard-wire type of system, which eliminates concerns over types of cables used and cable locations. Today, many security systems are wireless infrared, which are installed with no oversight by City departments. The current Code requires permits and licenses to be issued by the Department of Community Development and Neighborhood Services, a review to occur by Fort Collins Police Services, and an inspection to be conducted by Building Services, all of which are unused and outdated provisions. Therefore, such provisions should be repealed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. - 1 - ORDINANCE NO. 127, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ARTICLE II OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS IN ITS ENTIRETY WHEREAS, Article II of Chapter 15 of the City Code regarding intrusion, robbery, fire and other alarm systems was last updated in 1972; and WHEREAS, since 1972, there have been great advances in security systems technology, thereby eliminating the need for a hard-wire type of system; and WHEREAS, today, many security systems are wireless infrared, which are installed with no oversight by City departments; and WHEREAS, the current Code requires permits and licenses to be issued by the Department of Community Development and Neighborhood Services, a review to occur by Fort Collins Police Services, and an inspection to be conducted by Building Services, all of which are unused and outdated provisions; and WHEREAS, City and Poudre Fire Authority staff recommend the repeal of Article II of Chapter 15 of the City Code regarding burglar and security alarms in its entirety; and WHEREAS, the City Council has determined that the repeal of this Article is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Article II of Chapter 15 of the Code of the City of Fort Collins is hereby repealed in its entirety. ARTICLE II. ALARM SYSTEMS Division 1. Generally Sec. 15-16. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Alarm business shall mean the business by any individual, partnership, corporation or other entity engaged in selling, leasing, renting, maintaining, servicing, repairing, testing, altering, replacing, moving or installing any alarm system in the City or causing any alarm or alarm system to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or - 2 - facility in the City or any business acting as a receiver of such alarm or alarm system. Alarm system shall mean any mechanical or electrical (AC/DC) device or system which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for the detection of fire or other hazard to life or property or used for mechanically or electronically alerting others by an externally audible or visual signal to the commission of an unlawful act, whether installed inside or outside a building. Devices which are exclusively audible or visible in the interior of a building, premises, structure or area are not included within this definition or within this Article. Appellant shall mean a person who takes and perfects an appeal to the City Council of any decision under this Article made by any part of the City administration. Applicant shall mean a person who files an application for a new or renewal permit or license as provided in this Article. Audible alarm shall mean a device which generates an audible sound on the premises when it is actuated. Central station protective system shall mean a system or group of systems operated for its customers by a person in which the operation of electrical protection circuits and devices are transmitted, recorded on, maintained and supervised from a central location, having trained operators and guards in attendance at all times that have the duty to take appropriate action upon receipt of a signal or message including the immediate relaying of messages by direct line to the communication center of Fire Services or Police Services and meeting the requirements of, and listed by, Underwriters' Laboratories, Inc., or any other recognized testing laboratory. Day shall mean a calendar day. Direct line shall mean a telephone-company-supplied leased circuit or ring-down circuit leading directly to the communications center of Fire Services, Police Services, central station, modified central station or answering service that is for the use only to report emergency messages and signals on a person-to-person basis. False alarm shall mean an alarm signal necessitating response by Police Services or Fire Services where an emergency situation does not exist. Licensed answering service shall mean a telephone answering service which has obtained a license from the City by meeting certain standards and paying the required fee to operate a telephone answering service that includes the service whereby trained employees in attendance at all times receive prerecorded voice messages from automatic protection devices reporting an emergency at a stated - 3 - location and who have the duty to relay immediately by live voice any such emergency message over a special trunk line to the communications center of Fire Services or Police Services. Maintenance contract shall mean an agreement in writing with a licensed alarm business to perform servicing, repairing, altering, moving, installation or maintaining of an alarm system for a certain contractual period of time. Modified central station shall mean a central station operated for its customers by a person with a license obtained from the City by meeting certain standards and paying the required fee as herein specified which provides at all times monitoring and relay services for customers in connection with automatic protection devices, but which does not provide all the services of a central station protection system. Notice shall mean 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 the United States Postal Service. Permittee shall mean any person, firm, partnership, association or corporation who or which shall be granted a permit or license as provided herein, and the permittee's agents and representatives. Subscriber shall mean any person who purchases, leases, contracts for or otherwise obtains an alarm system or obtains a contract for the servicing or maintenance of an alarm system from an alarm business. Sec. 15-17. Title; purpose. (a) Short title. This Article shall be known and may be cited as the alarm permit ordinance. (b) Purpose. The purpose of this Article is to establish standards and controls concerning intrusion, robbery, fire and other alarm systems for businesses and agents within the City, to require permits, to establish fees and to establish and maintain effective and professional relations and communications between alarm companies, customers, appropriate City departments and related individuals and firms. Sec. 15-18. Alarm committee. The City administration is authorized to form an alarm committee composed of representatives of Fire Services, Police Services, the Department of Community Development and Neighborhood Services and licensed alarm businesses, - 4 - answering services and telephone company representatives which shall act as an advisory body to the City Council to assist in determining policy concerning alarms. All such alarm systems shall be subject to all rules, regulations, fees and requirements set forth in this Article, except the provisions of this Article are not applicable to audible alarms affixed to motor vehicles or trailers, other than mobile homes, or to devices designed or used to register audible or visible alarms on the interior only of protected buildings, structures or areas. Sec. 15-19. Direct connections prohibited. The City will not service such alarm systems through direct connection and the connection with the City departments shall be terminated. Secs. 15-20C15-30. Reserved. Division 2. Permit, License, Certificate of Compliance Sec. 15-31. Required. (a) No person shall conduct, operate or carry on an alarm business without first applying for and receiving an alarm business permit in accordance with provisions of this Article. (b) No person shall engage in the business of repairing, servicing, altering, replacing, removing, designing, maintaining, testing or installing alarm systems on or in any building, structure or facility without first applying for and receiving a special contractor alarm license in accordance with the provisions of this Article. (c) No person shall install an alarm or alarm system, as defined in this Article, without first applying for and receiving a building permit as required by this Article. (d) Certificate of compliance for alarm systems: (1) No person shall use an alarm or alarm system, as defined in this Article, unless the alarm or alarm system has been inspected by the Building Official and a certificate of compliance for the alarm system has been issued. (2) No person shall receive a certificate of compliance for the alarm system or renewal of such certificate without a written maintenance contract with a licensed alarm business who shall be responsible for maintenance of the alarm or alarm system for the specified duration of the contract. The certificate of compliance for the alarm system is considered - 5 - valid only when a maintenance contract and all other provisions listed herein exist. The certificate of compliance shall be kept on the premises where the alarm system is located. Sec. 15-32. Issuance of permits and licenses. The issuing and approving authority for any license or permit issued hereunder shall be the Department of Community Development and Neighborhood Services. Sec. 15-33. Permit and license application. Applications for all permits and licenses required in this Article shall be filed with the Department of Community Development and Neighborhood Services and shall be accompanied by the requisite fees. The fees are established and shall cover the following costs: (1) Fifty dollars ($50.) to cover the cost of processing the applications and permits; (2) A cashier's check or money order made payable to the State Bureau of Investigation in an amount sufficient to cover such costs as are necessary to conduct the investigations required pursuant to this Article. Sec. 15-34. Permit and license investigation. (a) Every application for an alarm business or special contractor alarm license shall require fingerprints and a photograph of the applicant or agent applying for the applicant if the applicant is not a natural person. The Police Chief shall conduct an appropriate investigation of the applicant to determine whether the permit or license shall be issued. The Police Chief may require additional information of the applicants which is necessary to conduct the investigation with the exception of companies' blueprints or diagrams. Alarm blueprints and diagrams shall be deemed to be the property of the agency with whom the business has a contract. (b) The permit or license, whether it is a new application or a renewal, shall be denied by the Police Chief, if: (1) The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; (2) The applicant for the alarm business permit or special contractor alarm license does not comply with the standards and regulations adopted pursuant to ' 15-56 et seq.; (3) The applicant, his or her employee or agent, has knowingly made any false, misleading or fraudulent statement of a material fact in the - 6 - application for a permit or license or in any report or record required to be filed with any City agency; (4) The applicant has had a similar-type permit or license previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation; (5) The applicant or any employee has demonstrated an inability to effectively install service alarms or alarm systems in a manner ensuring their reliability and lack of false alarms. Sec. 15-35. Certificate of compliance for alarm systems. A certificate of compliance for alarm systems shall be issued upon approval of the Building Official. Such approval shall signify compliance with the standards and regulations adopted and requirements set forth in '' 15-56C15-71. Said certificate shall be issued to the person using or possessing the alarm system. Alarm businesses shall procure and process applications for their subscribers. The subscribers shall forward the completed application to the alarm business servicing the system. The permit fee shall be collected from the subscriber by the alarm business and transmitted forthwith to the Finance Department together with the application. Sec. 15-36. Appeal procedure. The procedure for any appeal of a decision by the City shall be to the City Council. Sec. 15-37. Fees for renewal of permits. The renewal fee for an alarm business permit shall be twenty-five dollars ($25.) per year. Such fee shall be tendered upon application for renewal of the permit. The alarm business permit shall expire July 1 of each year and must be renewed prior to its expiration date. No portion of the permit fee shall be prorated because of any partial year. Sec. 15-38. Fees for renewal of licenses. The renewal fee for a special contractor alarm license shall be fifty dollars ($50.) per year. Such fee shall be tendered at the time of application for a license. All such licenses shall expire on July 1 of each year and must be renewed within thirty (30) days of their expiration date. No portion of such license fee shall be prorated because of any partial year. Sec. 15-39. Fee for certificate of compliance. - 7 - The fee for a certificate of compliance for the alarm system shall be ten dollars ($10.) which shall be due and payable within ten (10) days of the installation of an operable alarm system by any person possessing or using an alarm system, proprietary alarm, fire alarm or other emergency alarm within the City. Each such certificate shall be considered valid until such time that the system is declared unreliable under the provisions of this Article. Each time a system is declared unreliable, the system will need to be repaired, reinspected and have a new certificate of compliance issued. No portion of any certificate fee shall be refundable or applicable to the new certificate fee. Sec. 15-40. Grounds for suspension or revocation. The following shall constitute grounds for suspension or revocation of any license, permit or certificate issued under this Article: (1) The violation of any of the provisions of this Article; (2) The failure to comply with requirements set forth or standards or regulations adopted by this Article; (3) When any alarm business permittee or special contractor is convicted of any crime involving larceny, burglary, fraud or other crime which would cause the honesty of the same to be suspect; (4) When an alarm system actuates excessive false alarms and constitutes a public nuisance; (5) When the applicant or permittee, 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 license or in any report or record required to be filed with the City; (6) When the applicant or permittee has had a similar-type permit or license previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. Sec. 15-41. Procedure for suspension or revocation. (a) Determinations for suspension or revocation of any license, permit or certificate issued hereunder shall be made by the Building Review Board in the same manner as set forth in ' 15-158 for suspension or revocation of contractors' licenses. (b) The determination of the Building Review Board with regard to matters of - 8 - suspension or revocation shall be appealable to the City Council, provided that a notice of appeal is filed with the City Clerk within ten (10) days after the action of the Board. The City Clerk shall transmit such appeal to the City Council at the next meeting of the City Council held not less than two (2) days after filing of the notice of appeal. Upon receipt of the appeal, the City Council shall set a time for hearing of the appeal and shall give notice to the person making the appeal of the time and place of the hearing. Appeals shall be heard and decided as determined by the City Council. (c) Any order of suspension or revocation made by the Building Review Board shall be effective upon delivery of the order personally to the person holding the license, permit certificate or forty-eight (48) hours after deposit of the order in the mail. (d) All revocations or suspensions shall remain effective pending determination of any appeal to the City Council. All appeals shall be heard by the City Council within thirty-one (31) days after the date of the City Council meeting at which the appeal was presented. Sec. 15-42. Violations. The conviction of any person for a violation of any provision of this Article shall not relieve such person from paying any permit or license fee required by this Article. Each day that any violation of this Article continues shall be a separate offense punishable as such. Division 3. Standards 1 Sec. 15-56. Promulgation of standards and regulations. Any alarm system installed within the City and all devices and agencies acting under this Article shall conform to the requirements of the standards adopted in this Division. The Building Official shall inspect and approve all alarm systems installed within the City and shall issue a permit authorizing such systems under this Article. Any system which does not meet the requirements of this Article shall not be approved and shall not be put in service until any deficiencies have been corrected and such correction approved by the Building Official. Sec. 15-57. Residential construction standards. All intrusion detection alarm systems and components used in residential applications shall meet or exceed the requirements of UL Standard No. 639 entitled 1 Cross-referenceCBuildings and building regulations, Ch. 5 - 9 - "Standard for Safety, Intrusion-Detection Units," promulgated by Underwriters' Laboratories, Inc., and the requirements of UL Standard No. 1023 entitled "Standard for Safety, Household Burglar-Alarm System Units," promulgated by Underwriters' Laboratories, Inc. Additionally, all such systems shall include a standby power source as specified in said UL Standard No. 1023, Section 19. All fire alarm systems used in residential applications shall meet or exceed Standard No. 43 of the Uniform Building Code. Sec. 15-58. Mercantile commercial construction standards. (a) All intrusion detection alarm systems and components used in mercantile or commercial building applications shall meet or exceed the requirements of the following standards promulgated by Underwriters' Laboratories, Inc.: UL Standard No. 365 entitled "Standard for Safety, Police Station Connected Burglar Alarm Units and Systems," Standard No. 609 entitled "Standard for Safety, Local Burglar Alarm Units and Systems," UL Standard No. 634 entitled "Standard for Safety, Connectors and Switches for Use with Burglar Alarm Systems" and UL Standard No. 639 entitled "Standard for Safety, Intrusion-Detection Units," as such standards are applicable to the particular application. All such systems shall include a standby power source as specified in said UL Standard No. 609, Section 61. (b) All robbery (holdup) alarm units and systems used in mercantile or commercial building applications shall meet or exceed the requirements of UL Standard No. 636 entitled "Standard for Safety, Holdup Alarm Units and Systems" promulgated by Underwriters' Laboratories, Inc. All such systems utilizing manually operated switches to initiate an alarm, such as push buttons, shall use only switches that are protected from being accidentally engaged and which once engaged cannot be reset without a key or other control device. All such systems shall include a standby power source as specified in said UL Standard No. 636, Section 35. (c) All fire and/or smoke detection alarm systems and components used in mercantile or commercial building applications shall meet or exceed the requirements of Standard No. 43 of the Uniform Building Code. Sec. 15-59. Installation standards. (a) All installation of alarm systems and components shall be in accordance with the provisions and requirements of the International Building Code, the National Electrical Code and the Uniform Fire Code, as all of such codes are in effect in the City, and the installation specifications set forth in the applicable standards set forth in '' 15-57 and 15-58. (b) All installations of protective wiring and devices connected to intrusion detection systems or mercantile or commercial premises and on mercantile, commercial or bank safes and vaults shall meet or exceed the requirements of UL - 10 - Standard No. 681 entitled "Standard for Safety, Installation and Classification of Mercantile and Bank Burglar-Alarm Systems" promulgated by Underwriters' Laboratories, Inc. Sec. 15-60. Performance standards. (a) All alarm systems shall be afforded a thirty-day adjustment period commencing with the date of activation in order that the system may be brought to maximum efficiency. During that period of time, no false alarms shall be charged against the system. However, emergency response by appropriate public agencies of the City may be restricted or curtailed if, in the determination of the head of that agency, the number of false alarms becomes excessive. (b) After the adjustment ends, the criteria for determining the reliability of an alarm system shall be its performance. Any alarm system may be deemed unreliable if it signals more than: (1) Two (2) false alarms in any thirty-day period; (2) Four (4) false alarms in any ninety-day period; (3) Six (6) false alarms in any one-hundred-eighty-day period; (4) Eight (8) false alarms in any three-hundred-sixty-day period. (c) If any alarm system is deemed unreliable pursuant to this Article, Fire Services or Police Services may declare the system unreliable and restrict or curtail the response of the office to the alarm system until such time as the subscriber or alarm business can show a material change in employee training, can show written proof that the system has been repaired, can show written proof that the system has been reinspected by the Building Official and can show proof of issuance of a new certificate of compliance for the alarm system. (d) If the alarm system deficiencies have not been corrected within thirty (30) days from the date the system was declared unreliable, the City may suspend the system's certificate of compliance in accordance with the provisions of ' 15-40 et seq. Sec. 15-61. Maintenance standards. (a) The maintenance contract required for each alarm system shall be in writing and shall be for the duration of the certificate of compliance for the alarm system, usually one (1) year or fraction thereof. (b) The maintenance contract shall provide for the following minimum services: (1) Repairs which may be necessary from time to time to maintain - 11 - reliability and efficiency of the system, such as replacement of worn components, deteriorated batteries, etc.; (2) Repairs which may be necessary due to an attack on the system or an initiation of the system which results in damage to system components; (3) Operational testing of all system components at least once every six (6) months, with a complete report being maintained on file by the alarm business maintaining the system. The report shall be made available for inspection upon the request of any police officer, firefighter, building inspector or the system subscriber. (c) Trouble calls regarding an alarm system for which an alarm business has a maintenance contract shall be responded to on the same day if the call is received before 12:00 noon. Trouble calls received by the alarm business after 12:00 noon shall be responded to as soon as possible and in no case later than the business day following receipt of the call (UL-365, paragraph 43.5). (d) All operational testing of alarm systems and/or components shall be undertaken only after the monitoring agency has been notified of the impending test. If the alarm system is unmonitored and of the type that registers an alarm on the protected premises or transmits a prerecorded message, no operational testing shall take place unless Police Services has been notified of the impending test. Sec. 15-62. Central station standards. A central station shall meet all the requirements and shall be listed by Underwriters' Laboratories, Inc. or other recognized testing laboratory as a central station with appropriate inspection and certification by such laboratory. A central station shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the station's employees in a minimum amount of three hundred thousand dollars ($300,000.). Sec. 15-63. Modified central station standards. (a) A modified central station shall meet the requirements of Sections 48, 49, 51, 52, 53, 54, 55, 56 and 57 of UL Standard No. 611 entitled "Standard for Safety, Central Station Burglar Alarm Units and Systems." (b) All persons employed by a modified central station shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped and disciplined to ensure reliable performance of their duties. (c) A modified central station shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the station's - 12 - employees in a minimum amount of three hundred thousand dollars ($300,000.). Sec. 15-64. Licensed answering service standards. (a) A licensed answering service shall meet the requirements of Sections 48, 49, 51, 52, 55.4 and 56 of said UL Standard No. 611. (b) All persons employed by a licensed answering service shall be properly selected and their backgrounds investigated prior to employment. They shall be trained, equipped and disciplined to ensure reliable performance of their duties. (c) A licensed answering service shall carry liability insurance related to alarm monitoring and covering acts, errors and omissions on the part of the service's employees in a minimum amount of one hundred thousand dollars ($100,000.). Sec. 15-65. Change of location. If the location of the police or fire communication facilities should be changed at any time, all permittees shall be required to make the necessary changes at their expense to comply with the requirements of this Article. The City shall not be responsible for any resulting cost of moving alarm systems, direct line communications, parts or any other such expense. Sec. 15-66. Public primary trunk lines. No emergency device shall be used which transmits a prerecorded message or other signal directly to the police, fire or City communications centers. All such devices shall terminate at other facilities. Sec. 15-67. Removal of devices. In addition to any other remedy provided by law, the Police Chief or Fire Chief may whenever they shall have knowledge of the use of any cabinet, device or attachment or telephone terminal not operated or maintained in accordance with the provisions of this Article or contrary to these regulations order the removal of the same from the police, fire or City communications facilities. It shall be unlawful to disobey such order. Sec. 15-68. Audible alarms. Every person utilizing an audible alarm shall notify Police Services or Fire Services of the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during the hours of the day or night that the alarm may be actuated. Such notice shall be provided before the system is activated, and all such information shall be kept current. - 13 - Sec. 15-69. Display of license. Every person engaged in the business of repairing, servicing, altering, replacing, removing, designing, leasing, maintaining, testing or installing alarm systems shall carry on his or her person at all times while so engaged a valid City special contractor (alarm) license or telephone employee identification and shall display such permit to any police officer, firefighter or subscriber upon request. Sec. 15-70. Notification. Any central receiving station, modified central station or licensed answering service, upon receipt of an alarm signal indicating that an illegal act, fire or other emergency situation has taken place, shall immediately notify Police Services or Fire Services. Sec. 15-71. Certain standards adopted. The following standards promulgated by Underwriters' Laboratories, Inc., as set forth in this Article, are hereby adopted by reference. Such standards do not contain any separate penalty provision. All of such standards are promulgated by Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois, 60611. (1) The edition, impression date and other pertinent information relating to the standard adopted is as follows: Standar d No. Edition Impression Date Other UL 634 3rd June 29, 1973 UL 365 1st March 25, 1975 As revised by transmittal dated March 3, 1976 UL 609 7th January 1972 UL 611 10th June 1972 UL 681 8th June 1972 UL 639 3rd December 1971 As revised by errata sheet dated April 16, 1973 UL 1023 1st Second (as revised to September 12, - 14 - 1972) November 1972 UL 636 6th July 27, 1973 (2) At least one (1) copy of each standard herein adopted shall be kept on file in the office of the City Clerk, available for public inspection. One (1) copy of each such standard shall be kept in the office of the Building Official. One (1) copy shall be kept in the office of the Fire Marshal. One (1) copy shall be kept in the office of the Police Chief. Introduced, considered favorably on first reading, and ordered published this 17th day of September, A.D. 2013, and to be presented for final passage on the 1st day of October, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 1st day of October, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk