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Home My WebLink AboutLEGISLATIONh ti ox City of Miami Legislation Ordinance File 'umber: 10-01003 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, fires take the lives of many each year; and WHEREAS, fire prevention is an important part of the City of Miami's goals; and WHEREAS, it is in the best interest of the health, safety and welfare of the community; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter III/Article 3 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: {1} "CHAPTER 3 ALARM SYSTEMS ARTICLE III. FIRE ALARMS Sec. 3-56. Definitions. Unless it is apparent from the context that another meaning is intended, the following words when used in this article shall have the following meanings: Alarm system means any assembly of personnel or equipment, mechanical or electrical, so arranged to signal the occurrence of a possible fire requiring urgent attention, and to which the fire -rescue department is expected to respond, but does not include either alarms installed in conveyance or burglar alarms. Alarm user means the person, firm, partnership, association, corporation, company organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is City of Miami Page 1 of 5 File Id. 10-01003 (Version: 1) Printed On: 911/2010 File Number., 10-09003 maintained. Automatic telephone dialing alarm system means an automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits, by telephone or telephone line to the city fire -rescue department, a recorded message or code signal indicating a need for emergency response; the term also means a system which, upon activation, automatically connects with an answering service whose function it is to transmit to said department a need for emergency response. Certified fire alarm company means fire alarm specialty electrical contractors or electrical contractors certified by the county or by the state, or individuals who are so certified. False alarm means an electrical signal eliciting a response by the fire -rescue department when a situation requiring a response by the fire -rescue department does not in fact exist. Hearing officer means an employee of the city designated by the city manager to act as an impartial arbitrator at hearings related to the enforcement of this article. Sec. 3-57. Response to alarm; determination of validity. (a) Whenever an alarm system is activated, thereby requiring an emergency response to a location in the city by the fire -rescue department, and said department does respond, the fire officer in charge on the scene at said location shall inspect the area protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system or whether the alarm system malfunctioned and thereby activated a false alarm. (b) If the fire officer at the location of the activated alarm system determines the alarm to be false, said officer shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user, at the address of the said alarm installation location, advising the alarm user of the false alarm. A copy of this article shall also be included with the false alarm notification to the user. (c) The director of the fire -rescue department, or designee thereof, shall have the right to inspect any alarm system on the premises to which a response has been made, and he may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used in conformity with the terms of this article. Sec. 3-58. Appeals. (a)___ A hearing officer shall be appointed by the city manager to hear appeals from alarm users on the issue of whether the alarm system in question activated a false alarm, as initially determined by a fire officer after his inspection at the location of a response to such activated alarm. (b) Upon receipt of any false alarm report from the city, the alarm user shall have ten days, orally or in writing to request a hearing before the said hearing officer; if the request is in writing, said writing is to be mailed or delivered to the fire prevention bureau, 275 N.W. 2nd Street, Miami, FIGrida 33139.444 SW 2nd Avenue, 10th Floor (c) At the hearing, which must be scheduled within 15 days from the date the request for same is City of Miami Page 2 of 5 File Id. 10-01003 (Version: 1) Printed On: 9/112010 File Number: 10-01003 received, the alarm user shall have the right to present evidence and testimony. (d) The hearing officer shall make written findings available to the alarm user, and to the chief of the fire prevention bureau, within ten days from the date the hearing is concluded. (e) A decision by said bureau chief, or his designee, to uphold or to cancel the false alarm report which is the subject of the hearing, shall be made within ten days, from the receipt of the above findings by said bureau chief or designee. (f) Pending completion of all of the steps set forth in this section, each fire alarm in question will be presumed to have been genuine. Sec. 3-59. Fee assessment for false alarms. Notwithstanding references in this section to false alarms being activated within a period of 12 consecutive months, there shall be a six-month grace period following the issuance of an initial or temporary certificate of occupancy by the department of fire -rescue. Computation of the period of 12 consecutive months shall not include this initial grace period in order to permit the correction or adjustment of a newly installed alarm system in a building which has just been constructed. Following the completed installation of a new alarm system in a previously constructed building, there likewise shall be a six-month grace period commencing on the date such newly completed installation, after inspection by the department of fire -rescue, receives final approval of said department. (1) It is hereby found and determined that more than two false alarms within a period of 12 consecutive months is excessive and constitutes a public nuisance and creates a prima facie presumption that the involved alarm system is malfunctioning. (2) The activation of three or more false alarms in a period of 12 consecutive months will result in the following: a. The third and fourth false alarms shall result in a charge of $945.00 per , $250 per incident. A minimum of—a a minutes pep alaFM a d r dispatGhed te alaFms is based GR PGteRtial Reed and Fisk invelved fGF that dispatGh Z:GRG-. This fee shall be payable to the city upon receipt of said invoice by the alarm user. The alarm user shall submit. within 30 days from the invoice date is mailed to the alarm user. a letter from a certified fire alarm company to the Fire Prevention Bureau, certifying the alarm system is operating properly b. The fifth and any subsequent false alarm after that shall result in a charge of fep-apoapa FeSP9RdiRg ef $945.9C) peF 6-gi% GGMpaRy er hese GempaRy, $1,269.99 pe� aepial GGR;paRy, $249.0o $500 per incident. A MiRiMUM a; 45 1 the baseliRG fc)F said Ghapges. Apparatus dispatGhed te alaFms is based 9R pGteRtiial Reed and risk iRvelved fE)F that dispatGh City of Mian i Page 3 of 5 File Id. 10-01003 (Version: 1) Printed On: 9/1/2010 File Number: 10-01003 tee. This fee shall be payable to the city upon receipt of said invoice by the alarm user. The alarm user shall also submit, within 30 days from the date the herein charge invoice is mailed to the alarm user, a letter from a certified fire alarm company to the fire prevention bureau, certifying that the alarm system is operating properly. The alarm user will also be given written notice that the occurrence of another false alarm may be cause for revocation of any certificate of occupancy issued in connection with said building. c. If there is a sixth or subsequent false alarm, the certificate of occupancv will be revoked unless an inspection of the alarm system by a fire prevention bureau representative, and a certified fire alarm company representative results in the finding by the chief of the fire prevention bureau that the alarm system is working properly. r oper aerial 99 99 ande Reed and risk ;Rvelved fGr that diSpatGh ZGR9. This fee shall be payable tG the Gity 6iPGR FeGeipt ef nGat8 Of is i 64ess aR iRSP8GtiGR ef the alarm system by a fire PFeVeRti9R 19HP6a6l PepFeGeRtative, and a GeFtified fire e 90 pep aerial 99 per distFiGt f and $1,269.09 per alam; will be the baseliRe fer said GhaFges. AppaFatus dispatGhed te alarms is based OR petept�a4 Reed and Fisk iR,.,Glved feF that dispatGh ZeRe. This deuble fee P1 9 be billed fGp GuGh 68"te� peried of 1 7 GGRGeGi rtiVe mnnthc M] Section 3._ If -any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: t/ JULIE 0. BRU CITY ATTORNEY City of Miami Page 4 of 5 File Id. 10-01003 (Version: I) Printed On: 911/2010 File Number: 10-01003 Footnotes: {1} Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 5 of 5 File Id. 10-01003 (Version: 1) Printed On: 9/112010