Ordinance No. 85801401 vici)4 1 vi oi )
ORDINANCE NO. 858
AN ORDINANCE OF THE CITY OF CITY COUNCIL OF
THE CITY OF CYPRESS ADDING SECTION 5-
4(A)(1)(i) TO THE CODE OF THE CITY OF CYPRESS
AUTHORIZING THE CHARGING OF CERTAIN FEES FOR
PERMITS AND INSPECTIONS UNDER THE UNIFORM FIRE
CODE, 1988 EDITION; AND, ADDING SECTION 17 -60
TO 17 -68, "FIRE ALARMS, FALSE ALARMS," TO THE
CODE OF THE CITY OF CYPRESS TO REGULATE FALSE
FIRE ALARMS IN THE CITY.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. Section 5- 4(A)(1)(i) is hereby added to
the Code of the City of Cypress to add Section 4.109
to the Uniform Fire Code, 1988 Edition as the same was
adopted by the City of Cypress as amended to read as
follows:
"5- 4(A)(1)(i), Section 4.109 of the Uniform Fire Code
Added, 'Fee Authorization'. Section 4.109 is hereby
added to the Uniform Fire Code to read as follows:
'Section 4.109 Fee Authorization.
(a) General. A fee as set by Resolution of
the City Council shall be paid for each permit
at the time of issuance.
(b) The fee may be amended as needed and the
incremental change will be based on a known
economic indicator as set by the City Council in
its Resolution adopting fees.
(c) An investigation fee may be charged by the
Fire Chief or designee whenever any work for
which a permit is required by this Code is
conducted. Said investigation fee shall be set
by Resolution of the City Council. This fee
shall be paid and the investigation shall be
made prior to the issuance of any permit for
said work.
(d) Reinspections. A reinspection fee may be
assessed for each inspection or reinspection
when such portion of work for which an
inspection is called by the permittee or agent
of the permittee and the work is not complete or
the corrections called for are not made.
(e) Miscellaneous Fees Established. A fee as
established by Resolution of the City Council
shall be paid for the activity description shown
herein, including:
Category 'A' - false alarm, malicious false
alarm;
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Category 'B' - false alarm; fireworks display,
blasting operations, special event site
inspection, tents and air supported structures,
hot air balloon - open flame device, helistop,
and water removal.
This fee shall be a cost recovery system that is
based on actual costs and of the unit or units
responding."
SECTION II. Section 17 -60 to 17 -68, "Fire Alarms,
False Alarms," is hereby added to the Code of the City of Cypress
to read as follows:
Sections:
"Section 17 -60 TO 17 -68
FIRE ALARMS, FALSE ALARMS
17 -60 Definitions.
17 -61 Alarm Systems, Standards, and Regulations.
17 -62 Central Station Permit.
17 -63 Automatic Communication Devices.
17 -64 Responsibilities of Alarm Business and
Alarm System Subscribers or Users.
17 -65 Alarm Business, Central Station, and
False Alarm Service Charges.
17 -66 Intentional False Alarms; Penalties.
17 -67 Tampering With or Damaging Alarm Systems.
17 -68 Violations and Enforcement.
17 -60 Definitions. Wherever used within this
Chapter, the following terms shall have the meaning set forth
below:
'Alarm': The giving, signaling, or transmission to
the fire department, its station(s) or companies or to any
officer, or employee thereof, whether by telephone, spoken word,
or otherwise, an indication or information to the effect that
there is a fire, or other emergency at or near the place
indicated by the person, devices, or system giving, signaling, or
transmitting such information.
'Alarm System': Any manual, mechanical, or
electrically operated circuits, instruments, and /or devices, when
activated emits a sound or transmits alarms, a message, and /or
trouble signals for the protection of life and property from
heat, smoke, fire, hazardous materials, or medical emergency.
Provided, however, that this definition shall not include
domestic smoke, fire, or burglar alarm devices whose primary
purpose is to awaken, or alert persons on the premises and which
emit a light, or sound only within the protected premises.
'Alarm Business': The work, occupation, or profession
of any person who performs, authorizes, directs, or causes the
selling, leasing, maintaining, servicing, inspection, repairing,
altering, replacement, moving, or installing of any alarm system,
including any business that monitors alarms.
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'Alarm Subscriber': Any person who purchases, leases,
contracts for, or otherwise obtains an alarm system or the
servicing or maintenance of an alarm system.
'Automatic Communication Device': Any electrical,
electronic, or mechanical device capable of being programmed to
send a prerecorded message, when activated, over a telephone line
or dedicated circuit to a central station.
'Direct Alarm System': Alarm systems electronically
or otherwise connected directly to the emergency response agency
from the protected premises.
'Central Station': An office to which remote and
supervisory signaling circuits are connected, where personnel are
in attendance at all times to supervise the circuits and
investigate signals.
'False Alarm': An alarm necessitating response by the
Fire Department where an emergency situation does not exist.
This shall include mechanical failure, accidental tripping,
misoperation, malfunction, misuse, or neglect of an alarm
system.
'Fire Department': The Orange County Fire
Department. Fire Department includes and also means the
Emergency Response Agency.
17 -61 Alarm Systems, Standards, and Regulations. All
alarm systems shall meet or exceed the standards established by
the Fire Department including National Fire Protection
Association Codes 72A and 72C, and such other regulations as may
be adopted by the Orange County Board of Supervisors and /or the
City Council of the City of Cypress. All alarm systems,
equipment, installations, and repairs and all fire and other
emergency drills shall comply with rules and regulations
promulgated by the Emergency Response Agency or the Fire
Department regulating the times and conditions under which such
installations, repairs, tests, or drills may be made. All
audible alarm systems shall, after activation, limit the
generation of the audible sound to a maximum of fifteen (15)
minutes when the system is protecting residential premises, and
thirty (30) minutes when an alarm is protecting any other
premises. This limitation shall be incorporated into the
equipment at the protected premises. Said systems may include an
automatic resetting device causing the alarm system to rearm upon
automatic shut off. The Director or designee or the Fire
Department may exempt any alarm system or kind or type of alarm
system from any or all of the requirements of this Chapter if in
his /her opinion such system does not create a substantial danger
of generating false alarms necessitating a response by an
Emergency Response Agency or the Fire Department.
17 -62 Central Station Permit. All central stations
or any business which receives signals that an emergency exit at
a protected premises and transmits that information to the
Emergency Response Agency or the Fire Department shall be
required to have a permit from the Fire Department which shall be
renewed annually.
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17 -63 Automatic Communication Devices.
(a) No automatic communication device shall be programmed to
the '911' emergency line.
(b) Direct alarm systems shall not be connected to any
Emergency Response Agency or the Fire Department except with
the express written permission of the Emergency Response
Agency or said Department.
(c) No person shall lease, maintain, install, or use any
alarm system which automatically direct dials the telephone
number of the Fire Department.
17 -64 Responsibilities of Alarm Business and Alarm
System Subscribers or Users.
(a) Each alarm business shall provide accurate and complete
instructions to the alarm system user in the proper use and
operation of said system which is provided to the user by
that business or which is monitored by that business.
Specific emphasis shall be placed on the avoidance of false
alarms.
(b) The alarm subscriber or user shall maintain the alarm
system and equipment in proper working order at all times.
(c) When an alarm system has been activated for an alarm
subscriber, the alarm business or central station shall
arrange for a representative to have the ability to be
present at the location of the alarm within one (1) hour
after being requested by the Fire Department. The user of an
alarm system which is not connected to an alarm business or
central station shall designate a person to be available to
respond to the protected property within one (1) hour after
being requested by the Fire Department.
17 -65 Alarm Business, Central Station, and False
Alarm Service Charges. In addition to such other fines or
penalties established by law, a false alarm service fee is hereby
imposed upon the residential occupants and /or commercial owner(s)
and /or operator(s) of the premises wherein a false alarm was made
and any Central Station owners and operators who initiated the
Fire Department's response to such premises. The City Council is
hereby authorized to set by Resolution the amount of each fee
which shall be charged to those city residents who incur false
alarm charges and /or penalties and other miscellaneous charges
relating to alarm systems and businesses for services provided by
the Fire Department. Said fees are hereby imposed effective
January 1, 1991, as may be amended by the City Council from time
to time. The County of Orange is hereby authorized to administer
and take collection and enforcement action as may be necessary on
such fees, charges, and /or penalties.
17 -66 Intentional False Alarms; Penalties. No person
shall intentionally initiate a false alarm except for purposes of
testing an alarm system and then only if made in accordance with
the rules and regulations of the Fire Department therefor and
after having given the Emergency Response Agency or the Fire
Department prior notice thereof. Any person who violates this
section shall be guilty of a misdemeanor and subject to
punishment in accordance with Section 1 -7(a) and (b) of this
Code.
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17 -67 Tampering With or Damaging Alarm Systems. It
shall be unlawful and a misdemeanor, subject to punishment in
accordance with Section 1 -7(a) and (b) of this Code, for any
person to tamper with, render inoperative, or maliciously damage
any alarm system maintained for the purpose of sounding or
transmitting alarms excepting alarm systems undergoing approved
maintenance or repairs.
17 -68 Violations and Enforcement. Any violations of
this Chapter shall be an infraction, subject to punishment in
accordance with Section 1 -7(c) of this Code, unless otherwise
noted herein. The provisions of this Chapter may be enforced by
the City and the Fire Department.'"
SECTION III. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases
or portions thereof be declared invalid or unconstitutional.
SECTION IV. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance to be
posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 13th day of November , 1990 and
finally adopted and order posted at a regular meeting held on
the 10th day of December , 1990.
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MAYOR OF THE CITY OF YPRESS
ATTEST:
CITY CL RK OF HE CITYOF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of Cypress,
California DO HEREBY CERTIFY that the foregoing Ordinance was
duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the loth day of Dpcpmbpr , 1990, by
the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry, and Age
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY C ERK O.
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THE C Y OF CYPRESS