BOYNTON02½ Chapter 2.5
ALARM SYSTEMS*
*Editor's note-Ord. No. 88-36, §§ 1—16, adopted July 19, 1988, did not specify manner of codification; hence, such provisions have been designated as Ch. 2.5, §§ 2.5-1—2.5-16, by the
editor.
Sec. 2.5-1. Short Title.
This chapter shall be known and cited as the “Burglar and Fire Alarm Ordinance.”
(Ord. No. 88-36, § 1, 7-19-88; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-2. Definitions.
For the purpose of this chapter, whenever any of the following words or terms are used herein, they shall have the meanings ascribed to them in this section:
Alarm system: Any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency.
Alarm system contractor: A person whose business includes the execution of contracts requiring the ability, experience, science, knowledge, and skill to layout, fabricate alarm systems
for compensation, including but not limited to all types of alarm systems for all purposes.
Alarm user: Any person using an alarm or occupying and controlling premises or building, or a portion of a premises or building, served by an alarm.
Audible alarm: An alarm that sounds a warning bell, buzzer, or other sounding device that can be heard for fifty (50) feet or more beyond the protected premises.
Class "A" alarm: An alarm activated by:
(a) Unauthorized intrusion;
(b) Criminal activity;
(c) Fire;
(d) The need for emergency medical response; or
(e) An act of nature not contributed to by faulty design, maintenance, installation or use.
Commercial: Any business, multiple dwelling unit, storage facility, that has a fire alarm system to monitor flow, tamper, manual initiation devices and audible notification.
False alarms: Any alarm that is not determined to be a "Class A alarm", including but not limited to alarms activated through:
(a) Inadvertence;
(b) Neglect;
(c) Accident;
(d) Alarm testing;
(e) Faulty installation;
(f) Lack of maintenance;
(g) Improper maintenance;
(h) Excessive vibrations; or
(i) Power failure.
In the absence of a determination by the Police Department or the Fire Department that an alarm is a Class "A" alarm, a rebuttal presumption is established that an alarm is a false alarm.
A property owner can rebut the presumption by submission of proof that the alarm was a Class "A" alarm and not a false alarm.
Fire alarm system agent: Any person who is employed by a licensed fire alarm contractor or
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certified unlimited electrical contractor that is performing duties which are an element of an activity that constitutes fire alarm system contracting requiring certification under this
part: and whose specific duties include any of the following: altering, installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring a fire alarm system for
compensation. All associated work and personnel shall comply with F.S. Chapter 489, specifically F.S. §§ 489.505, 489.518, and 489.5185.
Government: Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service.
Person: Shall mean any natural person, individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation, apartment complex, condominium association,
or any business entity whatsoever.
Premises: Shall mean the building or structure and adjoining property which is protected by and upon which is installed an emergency alarm or alarm system.
Residential: Any single-family dwelling that has a burglar alarm system that may or may not have smoke detectors attached to the system.
UL certified installation: A "Certificated Alarm System" is one that the certificate issuing alarm company declares that the system is in compliance with standards. It is equivalent
to a manufacturer whose name appears in a UL Product Directory choosing to place a UL Mark on a specific production product. A certificated alarm system is subject to random audit by
UL alarm system auditors to countercheck compliance, just as a product with a UL Mark is subject to random audit.
(Ord. No. 88-36, § 2, 7-19-88; Ord. No. 90-43, § 1, 9-18-90; Ord. No. 98-46, § 1, 12-1-98; Ord. No. 07-011, § 2, 6-19-07; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-3. Alarm operating permit required.
No person shall have an alarm installed to be operational, or use an existing alarm serving a premises, or a building, or portion thereof, occupied or controlled by such person, unless
an alarm operating permit in the form of a decal has been issued hereunder, and is in force, authorizing the use of such alarm. Such alarm operating permit shall constitute a regulatory
license. For any alarm existing prior to the effective date of this chapter an alarm operating permit application shall be made within sixty (60) days of the effective date hereof. A
person with an installed alarm system without a permit from the city shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation
to make application for a permit. If application for a permit is not made within ten (10) days of the notice of violation the person shall be in violation of this section.
(Ord. No. 88-36, § 3, 7-19-88; Ord. No. 90-43, § 2, 9-18-90; Ord. No. 92-5, § 1, 3-3-92; Ord. No. 94-29, § 1, 9-9-94)
Sec. 2.5-4. Application for permit.
Application for an alarm operating permit for the operation of an alarm system shall be made by a person having control over the property on which the alarm system is to be operated.
Such application shall be made in writing to the Chief of Police on a form designated by the city for that purpose. On such application, the applicant shall set forth:
(a) The name, address and telephone number of each person in control of the property.
(b) The street address of the property on which the alarm system is to be or has been installed and operated.
(c) Any business name used for the premises on which the alarm-system is to be installed and operated.
(d) Whether the alarm system or systems are or are not local alarms and whether the alarm system or systems are designed to give notice of a burglary, fire, and hold-up or of other
type of emergency.
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(e) The name of the person or alarm system business that will install the alarm system.
(f) The names and telephone numbers of two (2) persons, which are able to and have agreed as follows:
(1) To receive notification of alarm activation at any time;
(2) To arrive at the alarm site within one (1) hour after receiving a request from a member of the communications center, Police Department or Fire Department to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary; or the name and telephone number of an alarm system business that is able and has
agreed to provide as follows:
a. The names of two (2) persons listed with that company who are able to arrive within one (1) hour after receiving a request from a member of the communications division, Police
Department or Fire Department to do so, and to grant access to the alarm site and to deactivate the alarm system if necessary.
b. When necessary, the permit holder shall give the alarm system business the name and telephone number of another person who is able and is willing to perform the above described
duties so that at least two (2) persons are listed with the alarm system business at all times.
c. The person having control over the property has authorized the alarm system business to provide the names listed with that business pursuant to subsections d and e above to the
Police and/or Fire Department or the communications center whenever that department(s) or the communications center has requested that information in order to obtain assistance after
an alarm has been activated.
(Ord. No. 88-36 § 4, 7-19-88; Ord. No. 91-6, § 1, 2-19-91; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-5. Term of permit; fee;
nontransferable.
(a) Fee. A fee of thirty dollars ($30.00) shall be charged the alarm user by the city for each alarm-operating permit issued, to defray the cost of regulation. Successive renewal fees
shall not be required of a residential or commercial permit holder except as provided in subsection (b).
(b) Term and renewal. An alarm operating permit shall have an indefinite term from date of issuance; provided however, the term shall expire and the permit shall be deemed invalid with
any change in ownership of residential or commercial property to which the permit is assigned. Compliance with subsections (1) and (2) shall revalidate the alarm permit.
(1) An alarm permit holder is required to notify the city within seven (7) days of any change of alarm permit registration information.
(2) Any change in ownership of residential or commercial property to which an alarm permit is assigned shall require a new registration application and a fee of thirty dollars ($30.00).
(c) Permit nontransferable. Any alarm operating permit issued pursuant to this article shall not be transferable or assignable and shall cover only one (1) building or premises or portion
thereof.
(Ord. No. 88-36; § 5, 7-19-88; Ord. No. 90-43, § 3, 9-18-90; Ord. No. 90-59, § 1, 12-18-90; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-6. Issuance of alarm operating permit.
An alarm permit will be issued by the Chief of Police upon receipt of said completed application, and the Chief of Police or his designee may inspect the alarm equipment and planned
installation and may require the submission of additional and specific information.
An alarm operating permit shall be denied if:
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(a) The requested information is not supplied on the application or such additional information as required is not furnished.
(b) Material information on the application is incorrect.
(c) Any person or entity listed on the application under items (a)(4), (5) and (6) of section 2.5-4 of this chapter does not possess any required occupational or regulatory license
to conduct the activities required by said items (a)(4), (5) and (6), unless the person or entity is the alarm user.
(d) If the equipment is found to be inferior and not capable of proper performance.
(Ord. No. 88-36, § 6, 7-19-88; Ord. No. 90-43, § 4, 9-18-90; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-7. Decal required.
Each alarm operating permit holder shall be issued an alarm decal by the Chief of Police. Said decal shall be displayed at the main entry or a conspicuous place visible at the front
of the premises of all business, commercial establishments, and residential premises, covered by said permit.
(Ord. No. 88-36, § 7, 7-19-88; Ord. No. 90-43, § 5, 9-18-90; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-8. Duties of property owner.
For the purpose of this chapter, both the owner and lessee of an office or commercial premises shall be considered to be the owners of the premises and shall be held jointly and severally
responsible for the registration of the alarm system and liable to the city for all service fees charged for false alarms. The owner of an apartment complex or multifamily residence
is responsible for the registration of all alarm systems and shall be liable to the city for service fees charged for false alarms.
The person in control of the property on which an alarm system is installed shall:
(a) Ensure that any person listed with the city is able:
(1) To receive notification at any time;
(2) To come to the alarm site within one (1) hour after receiving a request from a member of the Police Department, Fire Department or Communications Department to do so; and
(3) To grant access to the alarm site and to deactivate the alarm system if such becomes necessary.
(4) To inspect the alarm system after each activation to ensure proper operation.
(b) Train all persons who may activate the alarm system in the proper operation of the alarm system.
(c) Failure to respond as provided shall result in a fine of fifty dollars ($50.00). The Police Department or Fire Department shall indicate on their false alarm report the failure
to respond. The fine shall be processed by the Code Compliance Division through the Code Compliance Board.
(d) Notify the city within thirty (30) days of any changes of information contained on the original application.
(e) Properly maintain the alarm system to ensure malfunctions due to faulty maintenance will not occur.
(Ord. No. 88-36, § 8, 7-19-88; Ord. No. 90-43, § 6, 9-18-90; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-9. Duty of person notified to provide access to premises, render assistance.
Any person who is notified by any member of the communications division, Police Department or Fire Department of the activation of an alarm system and who is able to give access to
the alarm site shall come to the alarm site within one (1) hour of the time such person is notified of such activation and shall provide the Police and/or Fire Department any necessary
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access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm. Fire alarms required by fire codes
and/or state statutes shall be exempt from deactivating the alarm.
(Ord. No. 88-36, § 9, 7-19-88; Ord. No. 90-43, § 7, 9-18-90; Ord. No. 98-46, § 2, 12-1-98)
Sec. 2.5-10. Operation and installation of system.
No person shall install, cause to be installed or permit to be installed any alarm system unless the requirements of this section are met.
(a) Any alarm system which may be activated as a result of different types of emergency situations shall give a unique signal to designate activation as a result of a hold-up, a burglary,
a fire, or any other different type of emergency situation so that the proper notification and proper response can be made.
(b) Any local alarm system shall have a twenty-minute shutoff and must not make a sound similar to that of a siren, an emergency vehicle or a civil defense warning system. For purposes
of this subsection any alarm system which emits any variable tone (as opposed to a steady pitch or a ringing sound as is made by a bell) shall be considered to be emitting a sound, that
is similar to that of a siren, an emergency vehicle or a civil defense warning system.
(c) Any hold-up alarm shall be designed so that it may be activated only by intentional and deliberate human action; and any owner found in violation of subsection (a), (b) or (c) shall
be fined fifty dollars ($50.00).
(d) The police department shall indicate any violation of subsection (a), (b) or (c) on the alarm report and Code Compliance Division shall be responsible to take the appropriate action
by issuing a notice of violation of this section. The owner of the alarm system will have ten (10) days from the date of the notice of violation to correct the violation. If the violation
is not corrected within ten (10) days, the Code Compliance Division shall process the violations through the Code Compliance Board.
(e) The city may set reasonable standards and procedures to be followed by any alarm system business or telephone answering service when giving notice to the communications division
of activation of an alarm system. Such standards and procedures shall be set out in writing and made available to any alarm system business or telephone answering service requesting
it.
(f) The Fire Rescue Department shall indicate any violation of subsection (a) or (b) on their alarm report. The Code Compliance Division shall be responsible to take the appropriate
action by issuing a notice of violation of this section. The owner a commercial alarm system will have ten (10) days from the date of the notice of violation to correct the violation.
If the violation is not corrected within ten days, the Code Compliance Division shall process the violations through the Code Compliance Board.
(g) All new and retrofitted fire alarm systems shall be UL Certificated. When a Certificate is issued for an alarm system, it is the installer's declaration that the system will be
installed, maintained, tested, and monitored in accordance with applicable codes and standards. The Certificated installation is then subject to random physical audit by UL's alarm system
specialists. In addition as part of the annual audit processes the UL's representatives shall closely scrutinize the required documentation that goes along with a certificated alarm
system. If noncompliance is found, the alarm company must rectify the problem or face cancellation of the certificate. If cancellation of the certificate occurs other compensatory measures
shall be implemented as determined by the Fire Marshal or designee.
(Ord. No. 88-36, § 10, 7-19-88; Ord. No. 90-43, § 8, 9-18-90; Ord. No. 98-46, § 3, 12-1-98; Ord. No. 07-011, § 2, 6-19-07; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-11. False alarms prohibited; exceptions.
No person shall activate an alarm system for any purpose other than an emergency or threat of
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emergency of the kind for which the alarm system was designed to give notice.
(Ord. No. 88-36, § 11, 7-19-88; Ord. No. 90-43, § 9, 9-18-90; Ord. No. 07-011, § 2, 6-19-07; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-12. Excessive false alarms declared a
public nuisance; exceptions.
(a) The activation of more than three (3) false alarms of a residential alarm system within any fiscal year of October 1 through September 30 is excessive and constitutes a serious
nuisance, and is hereby declared to be unlawful and a violation of this section. No person shall allow, permit, cause or fail to prevent the activation, for any reason, by any alarm
used by such person, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any fiscal year of October 1 through
September 30.
(b) All new residential property with a permitted alarm systems shall be exempt from the application of this section for the first three (3) months from the date of initial installation.
(c) Occupancies with multiple alarm zones, apartment complexes, or commercial occupancies with multiple alarm systems, that are maintained by the same company, may be declared nuisance
alarms by the Fire Marshal and shall be assessed a false alarm fee.
(Ord. No. 88-36, § 12, 7-19-88; Ord. No. 89-6, § 1, 4-4-89; Ord. No. 90-43, § 10, 9-18-90; Ord. No. 91-64, § 2, 9-19-91; Ord. No. 98-46, § 4, 12-1-98; Ord. No. 07-011, § 2, 6-19-07;
Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-13. False alarm response service fee;
collection.
(a) For response to excessive false alarms by the police department, the alarm user shall be charged a service fee by the City as follows:
1st false alarm in a fiscal year of
October 1 through September
30 No charge
2nd false alarm in a fiscal year of
October 1 through September
30 No charge
3rd false alarm in a fiscal year of
October 1 through September
30 No charge
4th false alarm in a fiscal year of
October 1 through September
30 $75 for residential;
$200 for commercial
5th false alarm in a fiscal year of
October 1 through September
30 $100 for residential;
$500 for commercial
6th false alarm in a fiscal year of
October 1 through September
30 $150 for residential;
$750 for commercial
7th and successive false alarm in
a fiscal year of October 1
through September
30 $200 for residential;
$1,000 for commercial.
Example: A residence with nine (9) false alarms within a fiscal year of October 1 through September 30 would be calculated as follows:
1st $0
2nd $0
3rd $0
4th $75
5th $100
6th $150
7th $200
8th $200
9th $200
$925 Total
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(b) The Chief of Police or his/her designee, shall determine whether a false burglar alarm has occurred and the frequency of such false alarms. The city shall notify alarm users of
amounts owed to the city and shall make demand therefor, pursuant to the provisions of this section. The Fire Marshal shall determine whether a false fire or medical alarm has occurred
and the frequency of such alarms.
(c) Proof of alarm repair on the date of the false alarm can result in the fine being reduced or waived, if approved by the Fire Marshal or the Chief of Police or their designees.
(d) The city attorney may proceed by a suit in a court of competent jurisdiction to collect said charge after demand therefor has been made by the city and the payment thereof refused
by the alarm user.
(Ord. No. 88-36, § 13, 7-19-88; Ord. No. 90-43, § 11, 9-18-90; Ord. No. 98-46, § 5, 12-1-98; Ord. No. 07-011, § 2, 6-19-07; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-14. Interference with city telephone trunk lines prohibited.
(a) No person shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the communications center,
Police Department, Fire Department or any other department or bureau of the city, and then reproduces any prerecorded message to report any burglary, unauthorized entry or other emergency.
(b) No person shall provide a private alarm service system programmed to a central alarm reception office unless it shall have the central office staffed at all times, twenty-four (24)
hours a day, including holidays.
(c) Any staff member of a private alarm service system reporting an alarm activation to which Police Department and/or Fire Department response is requested shall identify himself and
state the name and telephone number of the alarm business by which such response is requested.
(d) The request for response shall include the name, telephone number, and zone, if applicable, of the alarm activation.
(Ord. No. 88-36, § 14, 7-19-88; Ord. No. 98-46, § 6, 12-1-98; Ord. No. 07-011, § 2, 6-19-07)
Sec. 2.5-15. Audible alarms.
All alarms that may be heard in any public place shall be equipped and maintained to automatically cut off no longer than twenty (20) minutes after being activated.
(Ord. No. 88-36, § 15, 7-19-88; Ord. No. 91-64, § 3, 9-19-91; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-16. Enforcement through the Code Compliance Board.
The Police Chief, Fire Chief or their designees may initiate action before the Code Compliance Board of the city to obtain compliance with this chapter and payment of service charges
assessed by the city. The board shall have the authority to place a lien against the property served by a burglar and/or fire alarm in the amount of all daily accrued fines, administrative
costs and service charges.
(Ord. No. 88-36, § 16, 7-19-88; Ord. No. 90-43, § 12, 9-18-90; Ord. No. 92-5, § 2, 3-3-92; Ord. No. 94-29, § 2, 9-9-94; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-17. Service charge, fines; failure to pay.
The owner of an alarm system in violation of a specified section of this chapter shall have ten (10) days from the date of the violation notice to pay the service charge and/or fine.
(a) If the owner fails to pay the service charge or fine within ten (10) days the matter will be processed through the Code Compliance Board.
(b) If the owner or person in charge of the alarm system fails to pay the past due amount within ten (10) days, the city attorney may proceed by a suit in a court of competent jurisdiction
to collect said unpaid
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service charges and/or fines from an alarm system owner, and the city attorney shall have the authority to place a lien against the property served by a burglar and/or fire alarm in
the amount of all assessed service charges and/or fines.
(c) The owner of the alarm system and/or the premises the alarm system serves shall be responsible for all costs incurred in collecting the service fee including attorney's fees.
(Ord. No. 90-43, § 13, 9-18-90; Ord. No. 92-5, § 3, 3-3-92; Ord. No. 97-03, § 1, 2-18-97; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-18. Departmental review of contested fees.
(a) Alarm users wishing to contest a false alarm response service fee shall provide to the police or fire rescue department, within thirty (30) days of imposition of the fee, a written
explanation including work orders specifying dates of service calls, detailing reasons that the false alarm response service fee should be reduced or waived.
(b) The chiefs of the Police Department and the Fire Rescue Departments shall each designate a member of their respective departments to process, review and make a written recommendation
to the department chief on each case contesting a false alarm response service fee.
(c) The chief of each department shall review the recommendation and may reduce, remove, or leave unchanged the false alarm response service charge imposed pursuant to section 2.5-13.
The decision of the chief of the respective department shall be the final decision of the city. (Ord. No. 98-17, § 1, 6-16-98; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-19. Failure to notify.
No alarm business shall attempt to service, repair, alter, replace, move and/or test an alarm system without a prior one-hour notice of intent to the City of Boynton Beach Fire and
Life Safety Division
and/or the Police Department. All reasonable precautions to avoid the transmission of false alarms shall be made. Failure to notify one hour prior to the transmission of a false alarm
shall result in a fine of fifty dollars ($50.00), payable by the alarm business.
(a) All alarm businesses and alarm monitoring companies conducting fire or medical alarm business in the city will register with the Fire and Life Safety Division of the Boynton Beach
Fire Rescue Department.
(b) All alarm businesses will notify the Fire and Life Safety Division of any alteration, deletion, removal of service, or other operating problems of fire and medical alarm systems
in the city or communities served by interlocal agreements.
(Ord. No. 98-46, § 7, 12-1-98; Ord. No. 07-011, § 2, 6-19-07; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-20. Alarm business responsibility.
An alarm company conducting fire alarm business within the city shall adhere to all requirements of all applicable NFPA and UL Standards. Failure to comply with this section of the
code, as determined by the Fire Marshal, shall result in prosecution before the Code Compliance Board.
(Ord. No. 98-46, § 8, 12-1-98; Ord. No. 07-033, § 2, 11-13-07)
Sec. 2.5-21. Damage to property.
The City of Boynton Beach shall not be financially responsible for any property damage caused by the Police and/or Fire Rescue responding to an alarm. The alarm user shall be solely
responsible for any damages that occur while attempting to verify the cause for the alarm activation.
(Ord. No. 98-46, § 9, 12-1-98)
Sec. 2.5-22. Operations permit.
(a) It shall be unlawful for any business engaged in the monitoring of fire alarms, or inspecting and/or
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testing of fire alarms or suppression systems to operate within the city without first obtaining an operational permit issued by the Fire Marshal.
(b) A person operating in violation of this chapter and/or F.S. Ch. 489, shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for
each day business is operated in violation of this section.
(c) Application for the permit shall be made to the Fire Marshal on a form provided and will be issued upon a determination that proper state and local licensing requirements are met
per F.S. Ch. 633, Ch. 489, and City Ordinance Sec. 13. There is no additional fee for this permit.
(d) The permit shall remain in force as long as state and local licensing provisions are maintained or unless the Fire Marshal determines that the business is not satisfactorily maintaining
the systems in accordance with the Florida Fire Prevention Code and adopted NFPA codes.
(Ord. 07-011, § 2, 6-19-07)
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