Section 901 of the International Fire Code is hereby amended by the addition of a new subsection 901.11 to read as follows:

901.11 Preventable responses to fire alarms – scope. This section shall apply to activation of a fire alarm system resulting in unwarranted responses of fire apparatus due to either direct transmission of the alarm to a monitoring station or telephone report of fire alarm activation caused by any of the following:

1. Improper type, installation, sensitivity, or maintenance of automatic detectors;

2. Improper installation (including unapproved or incompatible components), programming or maintenance of fire protection systems including systems with unapparent reasons for repetitious alarms;

3. Erroneous transmission of an alarm including the reporting of trouble signals by fire alarm monitoring companies;

4. Work on a fire alarm system or automatic extinguishing system connected to an alarm system when reasonable steps were not taken to prevent reporting of an alarm to the fire department;

5. Fire drills or tests of alarm or extinguishing systems when reasonable steps were not taken to prevent reporting of an alarm to the fire department;

6. Work including painting, welding, cleaning, cooking, dust producing or other activities which could activate a fire alarm detector;

7. Smoke or fumes resulting from closed fireplace dampers, cooking activities, smoking of tobacco products, etc., including opening a door to a corridor equipped with detectors for the purpose of ventilating such smoke or fumes.

Exception: This section shall not apply to activation of a fire alarm system resulting from the following:

1. Any actual fire, explosion or equipment malfunction or other situation that could have resulted in a fire;

2. Any manual activation of an alarm where it was believed that a fire or any other emergency requiring response of emergency personnel existed;

3. Malicious manual activation or unlawful tampering with a fire alarm system;

4. Accidental striking of an alarm box, detector, circuitry, panel or other components of an alarm system or accidental breakage or discharge of a sprinkler system or other fire extinguishing system;

5. Accidental breakage or leak of any system that releases steam, heat, gases, water or vapors which might activate a detector;

6. Earthquake, lightning or natural occurrences that result in movement or flooding of a building;

7. Work on telephone lines or central office equipment.

901.11.1 Fees.

1. Exempt Alarms.

A. The first preventable fire department response to fire alarms from any one system during a calendar year quarter shall be exempt except that there shall be no exempt responses to alarms caused by alarm system monitoring companies or companies performing work on fire alarm or fire extinguishing systems.

B. Newly installed alarm systems are allowed a grace period of 30 days or up to five preventable to ensure proper functioning of the system.

2. Nonexempt Fire Department Responses to Fire Alarms.

A. A fee of $150.00 shall be charged for the first nonexempt preventable fire department response to a fire alarm during a calendar year quarter from any one system.

B. A fee of $200.00 shall be charged for all subsequent nonexempt preventable fire department responses to a fire alarm from any system during the same calendar year quarter.

901.11.1.1 Late Charges. All balances 30 days or greater past the invoice date are assessed a late charge of 1%, with a minimum charge of $25 per month.

Point of Information

Preventable responses beyond five in a calendar year quarter are subject to the full cost of the response. See BMC 23.11.102 for further information.

901.11.2 Responsibilities.

A. The owner of the alarm system or subscriber of an alarm service shall be responsible for all preventable fire department responses resulting from activation of a fire alarm system including those caused by tenants or any other occupant of the building or occupancy, except that fire alarm monitoring companies shall be responsible for their erroneous transmission of alarms and companies performing work on fire alarm or extinguishing systems shall be responsible when such work results in a fire department response.

B. When a preventable fire department response to a fire alarm has occurred, the responsible party shall respond as directed by the fire department, within 5 business days, stating the reasons for such alarm, the corrective action taken to prevent recurrence and any supporting documentation.

C. The fire code official’s determination that a preventable fire department response has occurred shall be made in writing and shall constitute the final decision of the City. Any person aggrieved by this determination may file an appeal with the Hearing Examiner within thirty (30) days. The Hearing Examiner shall have jurisdiction over such appeal in accordance with the provisions of Section 108 of the International Fire Code as now or hereafter amended in this chapter and Chapter 1.18 BCC as now or hereafter amended.