HomeMy WebLinkAboutOrdinance - 5-2009 - Amending City Code Section 9.10 Related to Alarms - 05/14/2009 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 5-2009
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING IN
ITS ENTIRETY CITY CODE CHAPTER 9, SECTION 9.10, RELATING TO FIRE AND
BURGLAR, ROBBERY AND SAFETY ALARM SYSTEMS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER I AND SECTION 9.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie, Minnesota, ordains:
Section 1. City Code Chapter 9, Section 9.10 is deleted in its entirety and replaced with the
following:
SECTION 9.10. FIRE AND BURGLAR,ROBBERY AND SAFETY ALARMS.
Subd. 1. Purpose. The purpose of section 9.10 A and 9.10 Bare to protect the police and fire
services of the City from misuse and to provide for the maximum possible service to alarm users.
The ordinance is intended to provide for the regulation of Burglar, Robbery and Safety Alarm
Systems and Fire Alarm Systems, establish a user fee for false alarms and the registration of
Burglar, Robbery and Safety Alarm Systems and Fire Alarm Systems in order to improve the
reliability of such systems and reduce or eliminate false alarms. Section 9.10 A regulates Fire
Alarm Systems. Section 9.10 B regulates Burglar, Robbery and Safety Alarm Systems.
Subd. 2. Definitions. The following terms as used in sections 9.10 A and 9.10 B shall have the
meanings stated:
A. "Adopted Codes)"means the Minnesota Fire Code(MFC) and the National Fire
Protection Association National Fire Alarm Code 72 (NFPA 72).
B. "Alarm Initiating Device" means a device that is designed to respond either manually or
automatically to the presence of smoke, fire, or the activation of a fire suppression
system.
C. "Alarm user" means the person in control of any alarm system.
D. `Burglar, Robbery and Safety Alarm System" means and includes any alarm installation
designed to be used for safety on the premises which contain the alarm installation
including the prevention or detection of burglary or robbery.
E. "Central Station Company" means any company that receives signals from any alarm
system and transmits to the"Police/Fire Communications Center" any request for service
as a result of these signals.
F. "Enforcement Official"means the Fire Chief or his designated representative.
G. "False alarm" means an audio, visual or electronically transmitted alarm signal eliciting a
response by fire and police personnel when a situation requiring a response does not in
fact exist and which is caused by the activation of the alarm system through mechanical
failure, alarm malfunction, improper installation or the inadvertence of the alarm user or
lessee of an alarm system or of his or her employees or agents. False alarms do not
include alarms caused by climatic conditions such as tornadoes, thunderstorms, violent
conditions of nature or any other conditions which are clearly beyond the control of the
alarm manufacturer, installer or alarm user.
H. "Fire Alarm System" means and includes any alarm installation designed to be used for
the prevention or detection of fire on the premises which contain the alarm installation
including monitoring of water flow alarms for fire sprinkler systems.
I. "Fire Protection Business" means any individual, partnership, corporation or other entity
that is appropriately licensed in the state to install or causes to be installed, permits to be
installed, alters, maintains, repairs, replaces, services, provides runner services or
monitors any Fire Alarm System, fire sprinkler system or special fire protection system.
J. "Monitored System" means a Fire Alarm System that is connected pursuant to NSPA 72
or MFC to a Central Station Monitoring Company that receives signals from the Fire
Alarm System or fire sprinkler system and notifies the appropriate person or agency
depending on the type of alarm signal received.
K. "Police/Fire Communications Center" is the City facility used to receive emergency
requests for service and general information from the public to be dispatched to
respective police/fire units.
L. "Qualified Fire Alarm Technician"means any person licensed by the State of Minnesota
to inspect, install,repair or perform maintenance on Fire Alarm Systems.
M. "Required Fire Alarm System"means a fire alarm system, including fire sprinkler system
water flow monitoring, that is required to be installed and maintained by the Adopted
Codes.
N. "UL Certificate/Certification" means a certificate issued by UL that indicates that a Fire
Alarm System meets the NFPA 72 code requirements for a central station monitored Fire
Alarm System.
O. "User fee" means a charge payable to the City of Eden Prairie, to defray the expenses of
responding to a false fire alarm.
SECTION 9.10 A. FIRE ALARM SYSTEM.
Subd. 1. False Alarm Fees.
A. Non-Required Fire Alarm System. A Fire Alarm System that is not a Required Firm
Alarm System which reports more than three (3) false alarms to the City in a single
calendar year will cause the alarm user to be charged a user fee for each false alarm in
excess of three (3)per calendar year. The fee charged shall be in accordance with the fee
schedule adopted by the City Council.
B. Required Fire Alarm System. A Fire Alarm System that is a Required Fire Alarm System
which reports a more than one (1) false alarm to the City in a single calendar year will
cause the alarm user to be charged a user fee for each false alarm in excess of one(1) per
calendar year. The fee charged shall be in accordance with the fee schedule adopted by
the City Council.
C. Appeal of User Fee. A Fire Alarm system alarm user who is required by the City to pay a
user fee as the result of a false alarm may by written notice appeal the false alarm charge
to the City Manager-within ten (10) days of notice from the City of the false alarm
charge. The decision of the City Manager shall be final.
Subd. 2. Payment of User Fee.
A. Payment of user fees provided for under Section 9.10 A. Subd. 2 must be paid to the City
within thirty (30) days from the date of notice by the City to the alarm user. Failure to
pay the fee within thirty (30) days' notice will cause the alarm user to be considered
delinquent and subject to a late payment charge of ten percent (10%) of the fee and
interest in an amount not to exceed six percent(G%)per annum.
B. All delinquent charges for user fees computed as provided in paragraph A above shall be
forwarded to the City Clerk who shall prepare a roll each year of the delinquent amounts
against the respective properties serviced, which roll shall be delivered to the City Council
for certification to the County Auditor on or before October 15 of each year. Prior to delivery
of the roll to the City Council, the City Clerk shall give written notice to the property owner
on or before September 151"of the City's intention to certify the charges to the auditor.
Subd. 3. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-recorded emergency alarm message shall be
connected to the Police/Fire Communications Center through any telephone line or other
electronic means, except when authorized by the City Manager or his or her designee.
B. Remote automatic alarm systems and other related devices shall not be installed in such a
manner that an automatic alarm signal is connected to the 911 trunks. Under specific
circumstances, automatic devices with two-way voice communication may be permitted
if the Fire Chief finds that the device complies with Section 1215.0800 Subpart 5 of the
Code of Minnesota Administrative Rules and is otherwise in compliance with the
requirements of federal, state and local laws and regulations.
Subd. 4. Registration, Certification, Inspection, Testing, Maintenance, Suspension and
Annual Education Requirements for Required Fire Alarms.
A. Registration of Required Fire Alarm Systems.
1. All Fire Alarm Systems in the City of Eden Prairie which are required by the
Adopted Codes must be registered with the Eden Prairie Fire Department The
registration shall be submitted on a form provided by the City of Eden Prairie
(hereinafter referred to as "registration or "registrations"), and shall include at
least the following information:
a. The address of the property protected by the Fire Alarm System;
b. The name(s)of the property, if any;
c. The name and mailing address of the alarm user (if different from the
occupant);
d. The name, address and telephone number of the Fire Protection Business
which has contracted to service the Fire Alarm System;
e. Proof of state licensing of the Fire Protection Business. Proof of proper state
licensing may be a valid state licensing number;
f. The date the Registration is signed or the Fire Alarm System is placed in
operation for any reason; and
g. Any other documentation that is required by the Adopted Codes.
2. The Fire Alarm System alarm user shall be required to file an amended
registration whenever there is a change in the Fire Protection Business responsible
for maintaining, servicing, and/or monitoring the Fire Alarm System.
Registrations shall not be transferable from one property to another or from one
alarm user to another.
3. Every Fire Alarm System alarm user shall notify the Enforcement Official of the
existence of a Fire Alarm System prior to the Fire Alarm System being placed
into operation. Each Fire Protection Business installing Fire Alarm Systems shall
provide the alarm user with notice of the existence of this ordinance, registration
information and a copy of the Fire Alarm System operation instructions in
accordance with Adopted Codes, and the manufacturer's instructions.
4. The Fire Alarm System alarm user shall complete and deliver the Fire Alarm
System Registration on the form specified by the City to the Fire Chief before the
Fire Alarm System is activated or placed into service,
B. System Certification. All required Fire Alarm Systems installed after January 1, 1986
shall have a UL72 certificate. All required Fire Alarm Systems that are updated,
modified or replaced must have a UL72 certificate issued certifying that the Fire Alarm
System is in compliance with Adopted Codes. The certificate shall be signed by a
Qualified Fire Alarm Technician.
C. Inspection,Testing and Maintenance.
1. The Fire Alarm System alarm user shall have all Fire Alarm Systems inspected
and tested at least once per year in accordance with Adopted Codes.
2. The Fire Alarm System alarm user shall maintain all Fire Alarm Systems in
accordance with manufacturer specifications and Adopted Codes.
D. Annual Alarm System Training. Every alarm user of a Required Fire Alarm System shall
complete the City Fire Annual Alarm User Training course no later than March 31 of
each year, provided however that for the year 2009, the training shall be completed no
later than July 1, 2009. The course may be completed either online or at the offices of the
Enforcement Official. The alarm user may designate as the person(s) to complete the
training such individual(s) who have responsibility to supervise the maintenance of the
Required Fire Alarm System or such other person(s) as approved in writing by the
Enforcement Official.
E. Registration Fees.
1, No fee shall be charge for the initial registration of a Fire Alarm System. No fee
shall be charge for any registration that is required to be resubmitted for any
reason other than suspension. Any registration that has been suspended for false
alarms as stated below will be charged a registration reinstatement fee as set forth
in the fee schedule adopted by the City Council.
2. Failure to pay the fee within thirty (30) days' notice will cause the alarm user to
be considered delinquent and subject to a late payment charge of ten percent
(1 U%) of the fee and interest in an amount not to exceed six percent (6%) per
annum as the Council shall determine.
F. Required Fire Alarm System Registration Suspension, An alarm user of a Required Fire
Alarm System who fails to complete the Annual Alarm System Training as required
above or an alarm system which reports more than six (6) false alarms to the Police/Fire
Communications Center in a single calendar year will cause the registration of the Fire
Alarm System to be suspended. If the registration has been suspended for failure to
complete the Annual Alarm System Training the alarm user must complete the training
and submit to the Enforcement Official the required fee to reinstate the registration. If
the registration has been suspended for reporting more than six (6) false alarms as
specified above, the alarm user must have the system repaired and submit documentation
of the repairs to the Enforcement Official, along with the required fee to reinstate the
registration.
G. Appeal of Registration Suspension Fee. Any alarm user whose registration of the Fire
Alarm System is suspended may request in writing a hearing on the suspension. If a
hearing is requested, the date for the hearing shall be set not more than fourteen (14) days
after receipt of the request for hearing. The hearing shall be held by the Hearing Officer,
who shall be appointed by the City Manager and who may be an employee of the City.
Upon conclusion of the hearing, the Hearing Officer shall, within ten (1 0) days, make his
decision which reverses or affirms the suspension and shall notify the alarm user in
writing of his decision ("Hearing Officer's Notice of Decision"). If the Hearing Officer's
decision is to affirm the suspension, the Hearing Officer shall include in the Hearing
Officer's Notice of Decision findings and conclusions supporting the decision. The
decision of the Hearing Officer shall be final.
SECTION 9.10 B. BURGLAR, RUBBERY AND SAFETY ALARMS.
Subd. 1. False Alarm Fees.
A. A Burglar, Robbery and Safety Alarm System which reports more than three (3) false
alarms to the City in a single calendar year will cause the alarm user to be charged a user
fee for each false alarm in excess of three(3)per calendar year. A fee schedule will be set
by the City Council based upon the number of false alarms reported per calendar year.
B. Any Burglar, Robbery and Safety Alarm System alarm user which is required by the City
to pay a user fee as the result of a false alarm may make a written appeal of the false
alarm charge to the City Manager within ten (10) days of notice by the City of the false
alarm charge. The City Manager will have authority to make a final determination as to
whether the appellant is to be charged. The decision of the City Manager shall be final.
Subd. 2. Payment of fees.
A. Payment of user fees provided for under Subd. 3 must be paid to the City within thirty
(30) days from the date of notice by the City to the alarm user. Failure to pay the fee
within thirty (30) days' notice will cause the alarm user to be considered delinquent and
subject to a late payment charge of ten percent (10%) of the fee and interest in an amount
not to exceed six percent (6%)per annum as set forth in the City's fee schedule.
B. All delinquent charges for user fees computed as provided in paragraph A above shall be
forwarded to the City Clerk who shall prepare a roll each year of the delinquent amounts
against the respective properties serviced, which roll shall be delivered to the City Council
for certification to the County Auditor on or before October 15 of each year. Prior to delivery
of the roll to the City Council, the City Clerk shall give written notice to the property owner
on or before September 15`h of the City's intention to certify the charges to the auditor.
Subd.3. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-recorded emergency alarm message shall be
connected to the police/fire communications center through any telephone line, except
when authorized by the City Manager or his or her designee.
B. Remote automatic alarm systems and other related devices shall not be installed in such a
manner that an automatic alarm signal is connected to the 911 trunks. Under specific
circumstances, automatic devices with two-way voice communication may be permitted
if the Police Chief finds that the device complies with Section 1215.0800 Subpart 5 of the
Code of Minnesota Administrative Rules and is otherwise in compliance with the
requirements of federal, state and local laws and regulations.
Subd.4. Burglar, Robbery and Safety Alarm System Alarm System Registration.
A. Every Burglar, Robbery and Safety Alarm System alarm user must annually file with the
police department a registration for each alarm system used. The registration will expire
December 31 of each year. The alarm user must pay a registration fee of$25.00 per
alarm system,which will not be prorated.
B. The registration of the Burglar, Robbery and Safety Alarm System will be on a form
provided by the City of Eden Prairie. The form shall contain information the City of
Eden Prairie deems necessary to properly respond to and manage alarms.
C. Burglar, Robbery and Safety Alarm System alarm users shall register each alarm system
within thirty(30) days of activation of the system.
Subd. 6. Suspension of Police Response.
A. Notice of Suspension of Police Response. Where the Burglar, Robbery and Safety Alarm
System alarm user is more than 90 days overdue in payment of alarm fines or
registration fees, the City of Eden Prairie may serve, in-person or by U.S. certified mail
addressed to the address at which the alarm is located written notice (hereinafter referred
to as "Notice") that effective fourteen (14) days from the date of the Notice, the Eden
Prairie Police Department will no longer respond to alarm dispatch requests from that
site (hereinafter referred to as "Suspension"), unless there is an in-person call for
assistance from a person at or near the premises or other independent information that
verifies the need for an immediate police response. The Suspension will be revoked and
Police response will be reactivated once all fines and fees have been paid.
B. Written Appeal of Suspension. Any Burglar, Robbery and Safety Alarm System alarm
user who has been given Notice of Suspension may by written notice appeal the
Suspension to the City Manager within ten (10) days of date of the Notice. The decision
of the City Manager shall be final.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code including Penalty for Violation" and Section 9.99 entitled
"Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their
entirety by reference as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21"
day of April, 2009, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the Sth day of May, 2009.
Kathl en Porta, City Clerk Phi dung, Mayor
PUBLISHED in the Eden Prairie News on the day of 2009.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE 5-2009
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN
ITS ENTIRETY CITY CODE CHAPTER 9, SECTION 9.10, RELATING TO FIRE AND
BURGLAR, ROBBERY AND SAFETY ALARM SYSTEMS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 9, Section 9.10 of the City Code by repealing the
existing section in its entirety and adopting a new Section 9.10 A regulating fire alarms and a
new Section 9.10 B regulating burglar, robbery and safety alarms. With respect to lire alarms the
ordinance provides for an appeal from the imposition of false alarm fees, collection of delinquent
fees by certification to the county auditor, and registration, certification, inspection, testing,
maintenance, suspension and annual education requirements for required fire alarms. With
respect to burglar, robbery and safety alarms the ordinance provides for an appeal from the
imposition of false alarm fees, collection of delinquent fees by certification to the county auditor,
the registration of alarms and the suspension of police response in situations where the owner is
delignquent in the payment of alarm fines or registration fees.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Katbyert Porta, City Clerk Phi aung, Mayor
PUBLISHED in the Eden Prairie News on �� 200
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
_ Southwest Newspapers
CITY OF EDEN PRAIRIE
HENNEPW CGI N'I`iC,
MINNESO'PA State of Minnesota }
SUMMARY OF ORDINANCE }SS.
. 5-2009
ANORDINANCEOFTHECITY County of Hennepin }
OF EDEN PRAIRIE,M TMOTA,
AMENDING IN ITS ENTIRETY
CITYCODE CHAPTER9,SECTION
9.10, RELATING TO FIRE AND
BURGLAR, ROBBERY AND Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
SAFETY ALARM SYSTEMS AND publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
ADOPTING BY REFERENCE CITY herein stated as follows:
CODE CHAPTER 1 AND SECTION
9.99 WHICH AMONG OTHER
THINGS CONTAIN PENALTY (A)This newspaper has complied with the requirements constituting qualification as a legal
PROVISIONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
THE CITY COUNCIL OF THE amended.
CITY OF EDEN PRAIRIE,
iuI NMOTA, ORDAINS: (B)The printed public notice that is attached to this Affidavit and identified as No.�L
Summary: This ordinance was published on the date or dates and in the newspaper stated in the attached Notice and said
amends Chapter 9, Section 9.10 of Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
the City Code in repealing the the newspaper specified.Printed below is a co of the lower case al habet from A to Z,both
existing section in its entirety and �P � PY P
adopting a new Section 9.10 A inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
regulating fire alarms and a new and publication of the Notice:
Section 9.10 B.regulating burglar,
robbery and,safety alarms. With abcdefghijklmnopgrstu
respect to fire alarms the ordinance
provides for an appeal from the 1
imposition of false alarm fees,
collection of delinquent-feft by , By:
certification'to the county auditor, Laurie A.Hartmann
and registration, certification,
inspection, testing, maintenance.
suspension and annual education
requirements for required fire Subscribed and sworn before me on
alarms. With respect to burglar,
robbery and safety alarms the
ordinance provides for an appeal {
from the position of false alarm this `7 tda of 12009
fees, collection of delinquent fees y
by certification to the county
auditor,the registration of alarms -.
and the suspension of police ti. JYMM=11ARK
response in situations where the NOTARY PUBownerisdeUgnquentinthewme tof alarm fines or registratlon fees. My Camrnissian
Effectiywateb This Ordinance Nola lie
shall take effect upon publication.
Phil Young,Mayor
Attest: Kathleen Porta,City Clerk
(A Poll copy of the text of this
Ordinance is available from City
Clerk.) RATE INFORMATION
(Published in theEdenPrairie News
on Thursday,May Id,2009,No-SW1) Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
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