Ordinance - 2336ORDINANCE NO.2336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, FINDING THAT THIS ORDINANCE IS NOT
SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND AMENDING THE WEST COVINA MUNICIPAL
CODE WITH THE ADDITION OF A CHAPTER 4.5 (FIRE ALARM
SYSTEMS) PERTAINING TO ALARM REGISTRATION, A
REGULATORY SCHEME FOR ADMINISTERING AND MANAGING
THE CITY'S RESPONSE TO ALARMS, FEES, FINES, APPEAL
PROCESS, AND PROVIDING OTHER MATTERS PROPERLY
RELATING THERETO
WHEREAS, a high incidence of False Fire Alarms and/or Nuisance Fire Alarms causes a
significant misuse of the manpower and resources of the fire department by causing the dispatch
of emergency units to the scene of a Nuisance Fire Alarm or False Fire Alarm, which renders them
out of service and unavailable to respond to legitimate emergency situations; and,
WHEREAS, the continued high incidence of False Fire Alarms and/or Nuisance Fire
Alarms are a threat to the health, safety and welfare of the citizens of the City of West Covina;
and,
WHEREAS, the procedures, Fees and Fines for multiple False Fire Alarms and Nuisance
Fire Alarms would serve to improve public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: The City Council finds that all the facts, findings, and conclusions set
forth above in this Ordinance are true and correct.
SECTION NO. 2: The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION NO.3: The West Covina Municipal Code is hereby amended with the addition
of a new Chapter 4.5 (Fire Alarm Systems) as follows:
Chapter 4.5 — Fire Alarm Systems
Sec. 4.5-1 - Purpose
(a) The purpose of this Ordinance is to reduce the dangers and inefficiencies associated
with False Alarms and to encourage Owners/Entities and Fire Alarm Businesses to
properly use and maintain the operational effectiveness of Fire Alarm Systems in
order to improve the reliability of Fire Alarm Systems and reduce or eliminate False
Fire Alarms and Nuisance Fire Alarms.
(b) The vast majority of emergency alarms to which the fire department responds are
False Alarms, which are reported to the fire department by Fire Alarm Businesses.
(c) Most False Alarms are the result of improper maintenance or improper or careless
use of an Alarm System.
(d) Alarm Owners are able to control the number of False Alarms to which the fire
department must respond by appropriately and diligently maintaining their Fire
Alarm System.
(e) Both the public and members of the fire department are subjected to needless
danger when the fire department is called to respond to False Alarms.
(f) Firefighters responding to False Alarms are not available to carry out other fire or
medical -related duties.
(g) In the interest of using limited fire department resources most effectively and
efficiently, the number of False Fire Alarms can and must be reduced.
(h) This Ordinance governs Fire Alarm Systems intended to summon fire department
personnel, and requires registration fees, assessment of fines for excessive False
Fire Alarms and Nuisance Fire Alarms, violation fines, civil -penalty violation fines,
provides procedures for repeat offenders, education of Alarm Owners, provides for
the severability of the parts hereof if declared invalid, and includes an effective
date.
Sec. 4.5-2 — Definitions. As used in this Ordinance, the following words and terms shall have the
following meanings:
(a) Adopted Code(s) means all the Fire Codes and applicable Standards adopted by
the City of West Covina, inclusive of all local amendments to said Codes, in
compliance with the California Fire Code, 2016 Edition, including all indices and
appendices that are enforced by the Fire Prevention Bureau as part of the West
Covina Fire Department, which is hereby established and which shall be operated
under the supervision of the Fire Chief.
(b) Alarm Administrator means the person or persons designated by the Fire
Department to administer the provisions of this Chapter.
(c) Alarm Initiating Device means a fire alarm device that is designed to initiate a fire
alarm signal, either by manual or automatic means, and is connected to a fire alarm
control panel.
(d) Alarm Response Manager (ARM) means a person designated by a Fire Alarm
Business to handle alarm issues for the business and act as the primary point of
contact for the West Covina Fire Department's Alarm Administrator.
(e) Building Division means the Building Division within the West Covina
Department of Public Works.
(f) Business License means a business license issued by the City of West Covina to a
Fire Alarm Business, an Alarm Installation Company or Alarm Monitoring
Company to conduct business in the City of West Covina.
(g) Certificate of Occupancy means a Certificate issued by the City Building
Division, allowing a given premises to be occupied, after any and all appropriate
improvements, safety measures, and/or fire protection installations have been
completed and approved. No building or structure shall be used or occupied, and
no change in the existing occupancy classification of a building or structure or
portion thereof shall be made until the building official has issued a Certificate of
Occupancy. Issuance of a Certificate of Occupancy shall not be construed as an
approval of any violation of any City code or other ordinance of the City of West
Covina.
(h) Cancellation means the termination of a fire department response to a Fire Alarm
System location after a Fire Alarm Dispatch Request is made, but prior to the arrival
of fire department units to that site.
(i) Conversion of Owner means the transaction or process by which one Fire Alarm
Business begins the servicing and/or monitoring of a previously unserved or
unmonitored Fire Alarm System or a Fire Alarm System that was previously
serviced or monitored by another Fire Alarm business.
(j) False Fire Alarm means the activation of any Fire Alarm System which results in
a response by the fire department and which is caused by the negligence or
intentional misuse of the Fire Alarm System by the Owner, its employees, agents
or any other activation of a Fire Alarm System not caused by heat, smoke or fire,
exclusive of a Nuisance Fire Alarm.
(k) Fee means the assessment of a monetary charge payable to the City of West Covina
Fire Department, as authorized pursuant to this Ordinance, to defray the expenses
of responding to a False Fire Alarm or Nuisance Fire Alarm and the costs associated
with administration of this ordinance.
(1) Fire Alarm Dispatch Request means a notification to the fire department that a
fire alarm, either manual or automatic, has been activated at a particular Premise.
(m) Fire Alarm Business means any individual, partnership, corporation or other entity
that is appropriately licensed by the California State Contractor's License Board
that installs, causes to be installed, permits to be installed, alters, maintains, repairs,
replaces, services or monitors any Fire Alarm System.
(n) Fire Alarm System means a system or portion of a combination system consisting
of components and circuits arranged to initiate fire alarm signals, annunciate these
signals, provide monitoring (if required) of alarm and supervisory devices and to
provide for automatic notification and response to these signals.
(o) Fire Department means the West Covina Fire Department.
(p) Fire Watch means the assignment of an Alarm Administrator, qualified designee,
or West Covina Fire Department official at a specific Premises for the purpose of
constant site surveillance in order to protect occupants from fire and/or to report
emergencies and summon appropriate responders.
(q) Monitored System means that a given Fire Alarm System has communications
hardware in place whereby a Fire Alarm Business receives signals from the main
fire alarm control panel and personnel working at the Fire Alarm Business will
immediately notify both the West Covina Fire Department and the Owner of the
Premises regarding said signals.
(r) Nuisance Fire Alarm means the activation of any Fire Alarm System, which
results in a response by the fire department, and is caused by mechanical failure,
malfunction, improper installation, lack of proper maintenance or any other reason
other than a legitimate or real alarm signal, whereby the system activated as
designed and installed.
(s) Owner means any person who owns the Premises in which a Fire Alarm System is
installed or the person or persons, who lease, operate, occupy or manage the
Premises or a person capable of appearing at the premises upon request who has
access to the location, the code to the Fire Alarm System and the authority to
approve repairs to the Fire Alarm System.
(t) Premises means any building, structure or combination of buildings and structures
which serve as dwelling units such as single-family, multi -family or any other area
within a building, structure or combination thereof which is used for any purpose
such as, but not limited to, commercial use, schools, churches, wherein a Fire Alarm
System is installed.
(u) Qualified Fire Alarm Technician means any person who inspects, installs, repairs
or performs maintenance on Fire Alarm Systems. This person shall be licensed by
the California State Contractor's License Board and be qualified as defined and
outlined in the current NFPA 72 Standard.
(v) Registration means the applying for and paying a registration fee by an Owner to
the Alarm Administrator at The City of West Covina, along with providing
documentation to show that a Fire Alarm System has been properly installed and
has been tested and inspected by the fire department.
(w) Registration Number means a unique individual number issued by the Fire Alarm
Administrator/fire department and assigned to an Owner as part of the Fire Alarm
Registration process.
Sec. 4.5-3 - Administration; Funding; Increases in fees; Annual Evaluation
(a) Responsibility for administration of this Section is vested with the Fire Chief. The
Fire Chief is the principal City official for administration of this Section.
(b) The Fire Chief shall designate an Alarm Administrator to carry out the duties and
functions described in this Section.
(c) Monies generated by False Fire Alarm fees and registration fees assessed pursuant
to this Section shall be dedicated for fire department use for costs associated with
the administration and fire response duties related to the provisions of this Section.
(d) The fees and fines set forth in this Section may only be increased by a duly -adopted
resolution of the City Council. For purposes of this Subsection, "fees" include any
type or class of fee and includes late fees. The amount of the fees and fines shall be
specified in the City Fee and Fine Schedule. For purposes of this section, "fees"
include any type or class of fee and includes late charges.
(e) The Alarm Administrator shall conduct an annual evaluation and analysis of the
effectiveness of this Section and shall identify and implement system improvements
as warranted.
Sec. 4.5-4 - Registration and Renewal of Fire Alarm System
(a) A yearly Registration fee by the Owner and renewal fee (Fire False Alarm — Fee
and Fine Schedule as set by City Council Resolution) shall be collected for all
required Fire Alarm Systems, except for those that are exempted within this
Chapter.
(b) A Fire Alarm System Registration shall expire one (1) year after the date of
issuance, and must be renewed annually by submitting a renewal application and a
renewal fee to the Alarm Administrator. The Alarm Administrator shall notify each
Owner of the need to renew thirty (30) days prior to the expiration of the
registration. It is the responsibility of the Owner to submit a renewal application
prior to the expiration date. A late fine shall be assessed if the renewal is more than
thirty (30) days late. (See Fire False Alarm — Fee and Fine Schedule as set by
City Council Resolution.)
(c) The Owner shall be required to update their registration whenever there is a change
in the Fire Alarm Business responsible for maintaining, servicing, and/or
monitoring the Fire Alarm System.
(d) Refunds. No refund of a registration or registration renewal fee will be made.
(e) Registrations shall not be transferable from one Premise to another or from one
Owner to another.
(f) Every Fire Alarm Business shall notify the fire department/Alarm Administrator of
the existence of a Fire Alarm System prior to the Fire Alarm System being put into
operation. It shall be the responsibility of the installing Fire Alarm Business to
provide the Owner with notice of the existence of this Ordinance, a Registration
form, a copy of the Fire Alarm System operating instructions/manufacturer's
manual and a copy of approved fire alarm plans in accordance with Adopted Codes.
(g) The Registration form shall include all of the following information:
1. The name(s), address of the Premises, mailing address (if different from the
address of the Premises), business, mobile and home telephone number of
the Owner, lessee, operator, manager or person in possession of the
Premises wherein the Fire Alarm System is installed;
2. The name, address, telephone and mobile numbers of a minimum of two (2)
persons who can be notified by the Alarm Administrator, in the event of the
activation of the Fire Alarm System, who are capable of responding to the
Premises within one (1) hour, and who are authorized to enter the Premises
to ascertain the status thereof;
3. The name, address and telephone number of the licensed/listed Fire Alarm
Business which has been contracted to service the Fire Alarm System.
Proof of proper licensing/listing may be presented in the form of a valid
State of California C-10 license number and/or a UL listing number issued
by the State's Fire Marshal's Office.
4. The date that the Registration form is signed or the date that the Fire Alarm
System is placed in operation;
5. The location of the fire department lock/Knox box and the location of the
main fire alarm control panel at the Premises;
6. Any other documentation that is required by Adopted Codes.
(h) When any of the information required in Section 4.5-4(g) (1), 4.54(g)(2), or 4.5-
4(g)(3) has changed, the Owner shall report such change(s) to the Alarm
Administrator within fifteen (15) days of the Owner becoming aware of such
change. Failure to comply will result in the assessment of a Service Fine (Fire
False Alarm — Fee and Fine Schedule as set by City Council Resolution) against
the Owner for a registration violation.
(i) The Owner shall complete and deliver the Fire Alarm System Registration in the
required format to the Alarm Administrator before the Fire Alarm System is
activated or placed into service. The Fire Alarm Business, when authorized by the
Owner, may assist the Owner in accomplishing this submission of the Fire Alarm
Registration to the Alarm Administrator.
(j) When the West Covina Fire Department responds to any signal initiated from a Fire
Alarm System and the Owner is not registered, a supplemental Service Fine (See
Fire False Alarm — Fee and Fine Schedule as set by City Council Resolution)
shall be assessed for each fire department response. This Fine will be assessed in
addition to any other Fines as set forth in this Chapter. The Alarm Administrator
may waive all or part of this additional Fine for a Non -Registered Fire Alarm
System if the Owner submits an application for a Registration within ten (10)
business days after receiving notice of such violation. Any fire alarm system that
has been installed before the effective date of this Section shall be registered and a
registration fee collected by the Alarm Administrator.
(k) Existing Fire Alarm Systems. Any Fire Alarm System which was installed before
the effective date of this Ordinance must be registered by the Owner within 30 days
after receiving written notification of the adopted Ordinance and its requirements.
Sec. 4.5-5 - Monitored Fire Alarm System
(a) Any premises that is required by the California Fire Code to have a Fire Alarm
System installed shall have the Fire Alarm System monitored by a Remote,
Proprietary or Central Station monitoring company (Fire Alarm Business) unless
exempted by the Fire Code, NFPA 72 Standard or other Adopted Codes. Violation
of this Section will result in an assessment of a Penalty Fine (Fire False Alarm —
Fee and Fine Schedule as set by City Council Resolution) against the Owner for
failure to have a Fire Alarm System continuously monitored. Owners that have
been allowed or ordered by the fire department/Alarm Administrator to disconnect
or deactivate their Fire Alarm System are exempted from this Section.
(b) The Fire Alarm Business, in accord with NFPA 72 Section 10.20.3, shall report to
the fire department/Alarm Administrator any commercial Fire Alarm System site
that discontinues or disconnects their monitoring service for any reason. This report
shall be made in writing and shall be reported within ten (10) days of the Fire Alarm
Business being aware of this condition.
Sec. 4.5-6 - System Certification/Record of Completion
All newly installed or re -certified Fire Alarm Systems shall be approved by the fire
department. A Record of Completion, per NFPA 72 Section 7.8.2(a) shall be submitted to
the Alarm Administrator and shall indicate that the Fire Alarm System is in compliance
with Adopted Codes and has been tested and inspected in the presence of a fire official.
The Record of Completion shall be signed by a Qualified Fire Alarm Technician.
Sec. 4.5-7 - Inspection, Testing and Maintenance
(a) The Owner shall ensure that all Fire Alarm Systems are inspected and tested at least
once per year in accordance with Adopted Codes.
(b) The Owner shall ensure that all Fire Alarm Systems are periodically maintained per
manufacturer specifications and in accord with the Testing and Maintenance
Schedule in Chapter 14 of the NFPA 72 Standard.
(c) All Fire Alarm Systems, unless exempted by Adopted Codes, shall be maintained
and monitored by a licensed Fire Alarm Business.
Sec. 4.5-8 - Duties of Fire Alarm Business as it Pertains to This Ordinance
(a) Each Fire Alarm Business shall designate one individual as the Alarm Response
Manager (ARM) for the business. The individual designated as the ARM must be
knowledgeable regarding the provisions of this Section, as well as have the
capability and authority to deal with False Fire Alarm issues and respond to requests
from the Alarm Administrator. The name, contact number, and email address of
the ARM must be provided to the Alarm Administrator.
(b) The ARM must be able to report a fire alarm signal by using both alarm equipment
and telephone numbers designated by the Alarm Administrator.
(c) After a Fire Alarm Dispatch Request, the ARM shall promptly advise the fire
department if the Owner or designated representative is responding to the Premises.
(d) Each Fire Alarm Business that monitors a Fire Alarm System must maintain, for a
period of at least one year after the date of a Fire Alarm Dispatch Request, all
records relating to the Fire Alarm Dispatch Request. Records must include the
name, address and telephone number of the Owner, each Fire Alarm System zone
activated, the time of the Fire Alarm Dispatch Request. The Alarm Administrator
may request copies of such records for any individual Owner. If the request is made
within 60 days after the Fire Alarm Dispatch Request, the Fire Alarm Business shall
furnish requested records within (10) ten business days after receiving the request.
If the records are requested between sixty (60) days and (one) 1 year after the Fire
Alarm Dispatch Request, the Fire Alarm Business shall furnish the requested
records within thirty (30) days after receiving the request.
(e) Each Fire Alarm Business shall, upon request, immediately provide the Fire
Department with the names and phone numbers of the owner's emergency contacts
at the time of each Fire Alarm Dispatch Request.
(f) Existing Accounts. Within thirty (30) days prior to the first day of January of each
year, a Fire Alarm Business shall provide the Alarm Administrator with a complete
list of active customers whose Premises are located within the city, to assist the
Alarm Administrator with creating and maintaining tracking data. The customer
information must be provided in a format acceptable to the Alarm Administrator,
which includes the following:
1. Customer name
2. Customer billing address
3. Customer telephone number
4. Premise address
5. Fire Alarm Business State of California license number
6. Fire Alarm Business State of California license number/UL listing number
that monitors the Premises, if different
(g) Conversion of Owners. A Fire Alarm Business that converts the servicing of any
Fire Alarm System account from another business shall notify the Alarm
Administrator of such conversion and shall provide to the Alarm Administrator,
within thirty (30) days from the date of conversion, an Owners List of the converted
accounts, in a format acceptable to the Alarm Administrator, which includes the
following:
1. Customer name
2. Customer billing address
3. Customer telephone number
4. Premise address
5. Fire Alarm Business State of California license number
6. Fire Alarm Business State of California license number that monitors the
Premise if different
(h) Any Fire Alarm Business that fails to comply with any applicable requirement
within this Section shall be accessed a Penalty Fine (Fire False Alarm — Fee and
Fine Schedule as set by City Council Resolution).
Sec. 4.5-9 - Fire Alarm Activation; Response
(a) The Owner shall be responsible for the activation of a Fire Alarm System.
(b) A response to the activation of a Fire Alarm System shall result when any officer
or member of the Fire Department is dispatched to the Premises where the Fire
Alarm System has been activated.
(c) The Owner shall be responsible for the hired Fire Alarm Business reporting a fire
alarm signal by using automatic means AND by telephone numbers designated by
the Alarm Administrator.
(d) The Owner shall be responsible for the Fire Alarm Business' ability to
communicate a fire alarm signal to the fire department in a manner and form
determined by the fire official and Alarm Administrator.
(e) In the event the Fire Alarm System is not a Monitored System, the Alarm
Administrator shall notify any person identified in the Registration required
pursuant to Section 4(G) (1-3) of the activation of the Fire Alarm System and shall
require such person to respond to the Premises.
(f) It is the responsibility of the Fire Alarm Business monitoring the fire alarm system
to notify any person identified in the Registration at the request of the Alarm
Administrator.
(g) In the event that a Fire Alarm System IS monitored, it is the responsibility of the
Fire Alarm Business to forward any cancellation of a fire alarm signal to the fire
department.
(h) Every premises having a monitored fire alarm system shall have at least one
dedicated phone line available for signal transmission, unless otherwise permitted
by NFPA 72 in light of technological advances and as approved by the fire
department during installation and testing.
Sec. 4.5-10 - System Performance Review
The Alarm Administrator may require that a System Performance Review be held with an
Owner and the Fire Alarm Business responsible for repairing or monitoring of the Fire
Alarm System to review the circumstances of each False Fire or Nuisance Alarm. The
review meeting may be held in person or through a conference telephone call, at the Alarm
Administrator's discretion. Failure to participate by the Owner shall result in a Penalty
Fine (Fire False Alarm — Fee and Fine Schedule as set by City Council Resolution) for
failure to participate in a scheduled system performance review.
Sec. 4.5-11 - Nuisance Fire Alarms
(a) In the event the activation of a Fire Alarm System is deemed by the Alarm
Administrator to be a Nuisance Fire Alarm, the Owner shall be notified by a mail,
indicating that the activation was deemed to be the result of a Nuisance Fire Alarm.
1. The Owner shall be advised to:
a. Have the Fire Alarm System examined by a Qualified Fire Alarm
Technician; and
b. The hired Technician shall identify and correct any defect of design,
installation or operation of the Fire Alarm System which is determined to
be as the cause of the Nuisance Fire Alarm.
Sec. 4.5-12 - Service Fines
(a) The provisions of this Section shall not apply to any newly installed Fire Alarm
System for a period of thirty (30) days from the date of installation, but shall apply
from and after the expiration of the initial thirty (30) day period following
installation.
(b) Should any Fine assessed pursuant to this Ordinance remain unpaid in excess of
thirty (30) days from the date the Fine is billed, a late Fine in the amount (Fire
False Alarm — Fee and Fine Schedule as set by City Council Resolution) shall
be assessed and shall be payable by the Owner in addition to the original Fine.
(c) False Fire Alarm and Nuisance Fire Alarm Fines
1. No Fine shall be assessed for the first (1) False Alarm call, whether it is a
False Fire Alarm or a Nuisance Fire Alarm at the same Premises responded
to by the fire department, during each registration period. Thereafter, the
Owner shall pay the following Fines listed in the Fire False Alarm — Fee
and Fine Schedule as set by City Council Resolution for False Fire
Alarms and Nuisance Fire Alarms responded to by the Fire Department at
the same Premises during each registration period, except when the Fire
Alarm Business is responsible for the False Fire Alarm per Section 4.5-
12(c)(2).
2. The Fire Alarm Business shall be assessed a Fine Fire False Alarm — Fee
and Fine Schedule as set by City Council Resolution) if an Alarm
Administrator determines that a False Fire Alarm or Nuisance Fire Alarm
was directly caused by an onsite employee or representative of the Fire
Alarm Business. In this event, no False Fire Alarm or Nuisance Fire Alarm
shall be counted against the Owner.
3. False Fire Alarms activated by any components connected to the Fire Alarm
System shall be included in computing the total number of False Fire
Alarms for purposes of this Subsection.
4. The activation of a Fire Alarm System will not be considered a False Fire
Alarm or Nuisance Fire Alarm if the alarm is activated due to malicious
causes beyond the control of the Owner.
5. If Cancellation of either a False Fire Alarm or a Nuisance Fire Alarm occurs
prior to the Fire Department's arrival at the Fire Alarm System site, the
response is not considered a False Alarm and no False Alarm fine will be
assessed.
6. The following fines shall be assessed for False Fire Alarms and Nuisance
Fire Alarms: (Fire False Alarm — Fee and Fine Schedule as set by City
Council Resolution)
Sec. 4.5-13 - Remedies and Penalties
(a) The Alarm Administrator has the authority to order a Fire Watch in accordance
with Adopted Codes, due to repetitive Nuisance Fire Alarms and/or False Fire
Alarms, until corrective action is taken, or to revoke the Certificate of Occupancy,
if so approved by the Building Division, for the premises by written notice to the
Owner of the Premises, for any of the following reasons:
1. Failure to meet all requirements or pay the Fees and Fines provided for in
this Ordinance within thirty (30) days after the notice is mailed to the
Owner;
2. A fourth False Fire Alarm or Nuisance Fire Alarm at a Premises for which
a Fine is charged pursuant to this Ordinance as a result of the failure of the
Owner to take corrective action to eliminate the cause of the False Fire
Alarm or Nuisance Fire Alarm; or
3. The failure of a person notified pursuant to Section 4.5-4(g)(2) and Section
9(d)(1) of this Ordinance to appear within one (1) hour after being notified
to respond, if such failure to timely response occurs three or more times
within a registration period.
(b) A written notice to allow or order disconnect or deactivation of a fire alarm system
shall be mailed to the Owner by the Fire Alarm Administrator using certified mail
with return receipt requested. The letter shall specify the date on which the Owner
is required/allowed to disconnect or deactivate the Fire Alarm System. This date
shall be at least fifteen (15) days after the notice is mailed to the Owner. The Owner
may appeal the order of the Alarm Administrator pursuant to Section 4.5-14(b).
(c) Each tenant space affected due to the Fire Alarm System being disconnected or
deactivated may be required to establish a Fire Watch until the Fire Alarm System
has been returned to service. Duties of Fire Watch personnel may include notifying
the fire department and building occupants of an emergency, preventing a fire from
occurring, or extinguishing small fires.
(d) The Owner is responsible for paying all costs associated with establishing a Fire
Watch.
(e) The Alarm Administrator has the authority to request from the Building Division a
temporarily suspension of the Certificate of Occupancy of the Premises until all
outstanding repairs are made on the Fire Alarm System or if the Fire Watch is not
maintained to the satisfaction of the Alarm Administrator.
(f) The Alarm Administrator shall have the authority to direct the Owner of the
Premises to silence an activated Fire Alarm System, have corrective action taken
and thereafter reset it.
(g) Anyone convicted of falsifying reports as required under this Ordinance is subject
to maximum penalty as established by the City of West Covina Ordinance.
Sec. 4.5-14 - Appeals
(a) An Owner or Fire Alarm Business may appeal the assessment of fees or fines to the
Alarm Administrator. An appeal fee (Fire False Alarm — Fee and Fine Schedule
as set by City Council Resolution) will accompany the appeal. Appeal fees will
be returned to the Owner or Fire Alarm Business if the appeal is upheld. The filing
of an appeal with the Alarm Administrator stays the assessment of the Fee or Fine
until the Alarm Administrator and Fire Chief make a final decision. The Owner or
Fire Alarm Business shall file a written appeal to the Alarm Administrator by
setting forth the reasons for the appeal within fifteen (15) days after notice is
mailed.
(b) An Owner to whom a notice to disconnect or deactivate a Fire Alarm System was
mailed, pursuant to Section 4.5-13(b), shall be entitled to appeal the order to the
Alarm Administrator and Fire Chief. An appeal must be in writing, stating the
reasons why the order to disconnect or deactivate should be withdrawn. A
disconnect appeal fee (Fire False Alarm — Fee and Fine Schedule as set by City
Council Resolution) will accompany the appeal. The appeal shall be made within
fifteen (15) days after notice to disconnect is mailed to the Owner. The Alarm
Administrator, Fire Chief or his designee shall review the facts and circumstances
and shall determine whether the Owner has shown good cause why the order should
be withdrawn. If the Alarm Administrator and Fire Chief affirm the order to
disconnect or deactivate a Fire Alarm System, the Owner shall have fifteen (15)
days after the written decision is mailed to the Owner to comply with the order. The
appeal of an order to disconnect or deactivate shall suspend the effective date of the
order until the appeal has been acted upon by the Alarm Administrator and Fire
Chief.
(c) In the event the appeal is not upheld, the Owner or Fire Alarm Business shall also
be responsible for any Fee assessed to reimburse the Alarm Administrator for any
legal fees or costs incurred by the Alarm Administrator in enforcement of this
Ordinance.
Sec. 4.5-15 - Reconnection of Fire Alarm System
(a) A Fire Alarm System may be reactivated upon a finding by the Alarm
Administrator that the Owner of the Premises has taken corrective action to remedy
the cause of the False Fire Alarms or Nuisance Fire Alarms at the Premises.
(b) In making a request for such a reactivation, the Owner shall have the burden of
showing what corrective action has been taken and provide documentation for such.
(c) The Alarm Administrator shall have the right to inspect the Fire Alarm System and
test it prior to approving a new order to reconnect or reactivate the Fire Alarm
System.
(d) A reconnection fee (Fire False Alarm — Fee and Fine Schedule as set by City
Council Resolution) shall be assessed to the Owner before any reconnection of a
Fire Alarm System may be made.
(e) The Alarm Administrator shall not approve a new order to reconnect or reactivate
if the Owner has failed to pay any Fee or Fine pursuant to this Ordinance.
Sec. 4.5-16 - Exemptions
(a) City, County, State and Federal government facilities including the West Covina
Independent School District are not exempt from the provisions of this ordinance
and must register, renew, pay applicable fees or fines and otherwise comply with
all requirements of this ordinance with the exception that they are exempted from
the paying of the registration and renewal fees.
(b) All Premises that are classified as "dwelling units" by the California Building Code
definition are exempt from the Registration requirements of this Ordinance. This
includes single-family or multi -family residences, except those that are required to
have a separate commercial Fire Alarm System. These occupancies, however, are
still subject to all False Fire Alarm and Nuisance Fire Alarm Service Fees.
(c) Any alarm site that is exempted from the Registration fee is still required to obtain
permits and maintain valid records for any repair, upgrade or replacement of system
components, and is still subject to laws and Codes governing testing and
maintenance of its fire alarm system.
Sec. 4.5-17 - Confidentiality
Any information supplied to the Alarm Administrator shall be held in confidence by all
employees or representatives of the Alarm Administrator and by any third -party
administrator or employees of a third -party administrator with access to such information.
Sec. 4.5-18 - Government Immunity
Registration of a Fire Alarm System is not intended to, nor will it, create a contract, duty
or obligation, either expressed or implied, of automatic or guaranteed fire department
response to any fire alarm. Any and all liability and consequential damage resulting from
the failure to respond to an alarm notification is hereby disclaimed and governmental
immunity as provided by law is retained. When registering a Fire Alarm System, the Owner
acknowledges that fire department response may be based on factors such as availability
of fire department units, priority of calls, prevailing weather conditions, traffic conditions,
emergency conditions, staffing levels, prior alarm history and administrative actions. The
City of West Covina, its officers, employees and agents shall not assume any duty or
responsibility for the installation, maintenance, operation, repair or effectiveness of any
privately owned Fire Alarm System, those duties or responsibilities being solely those of
the Owner of the Premises.
SECTION NO. 4: This Ordinance shall take effect thirty (30) days after its adoption.
SECTION NO. 5: If any Section, subsection, sentence, clause, phrase or word 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
and every Section, Subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion or the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION NO. 6: The City Clerk shall certify to the adoption of this Ordinance. Not
later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary
of the Ordinance, along with the names of the City Council members voting for and against the
Ordinance, shall be published in a newspaper of general circulation in the City of West Covina.
PASSED, APPROVED, AND ADOPTED this 6`h day ofkarch, 2W8.
Mike Spence
Mayor
APPROVED AS TO FORM: ATTEST:
�_L�
Kimberly Aall Barlow ickolas S. Lewis
City Attorney City Clerk --
I, NICKOLAS S. LEWIS, City Clerk of the City of West Covina, California, do hereby certify that the
foregoing Ordinance No. 2336 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 20th day of February, 2018. That thereafter said Ordinance was
duly adopted and duly adopted and passed at a regular meeting of the City Council on the 601 day of
March, 2018 by the following vote of the City Council:
AYES:
Johnson, Toma, Warshaw
NOES:
Wu, Spence
ABSENT:
None
ABSTAIN:
None
Nickolas S. Lewis
City Cle--rk