Title 5 BUSINESS REGULATION AND LICENSING CODE
Chapter 597 ALARM SYSTEMS, DEALERS, USERS
597.01 Definitions.
597.02 Alarm user permit required.
597.03 Alarm user permit application, term, transfer, fee exemptions, renewal.
597.04 Revocation of alarm user permit.
597.05 Alarm dealer permit, required.
597.06 Alarm dealer permit, application, issuance, term, transfer, fee, renewal.
597.07 Alarm dealer conditions.
597.08 Alarm agent permit required.
597.09 Alarm agent permit application, term, transfer, fee, renewal.
597.10 Alarm agent conditions.
597.11 Revocation, alarm dealer, alarm agent permit.
597.12 Examination of applicant.
597.13 System standards.
597.14 Malfunctioning audible alarm systems.
597.15 Excessive false alarms.
597.16 False alarm determination.
597.17 Appeal of false alarm determination.
597.18 Reinstatement of revoked permits.
597.19 Appeal procedures.
597.95 Liability of city.
597.96 Severability.
597.97 Fees, terms.
597.98 Alarm advisory board.
597.99 Penalties.
597.01 Definitions.
The following words and phrases, when used in this chapter, shall have the
following meanings ascribed to them in this section:
(A) “Alarm
agent” means any person employed by or working as an independent
contractor for an alarm dealer, who sells, repairs, services, alters, replaces,
removes, designs, maintains, or installs, alarm systems, on/in the premises of
the alarm user.
(B) “Alarm dealer” means any individual,
partnership, corporation or other entity that sells, leases, monitors,
maintains, services, repairs, alters, replaces, moves or installs any alarm
system; or causes to be sold, leased, monitored, maintained, serviced, repaired,
altered, replaced, moved, or installed, any alarm in or on any building,
structure or facility. (This shall include owners of proprietary alarm
systems).
Alarm dealer shall not include electrical and building contractors
licensed by the city who do not advertise or otherwise represent themselves as
being in the business of alarm dealers nor retail stores where the selling of
alarm systems or components is not the store’s primary
business.
(C) “Alarm system” means any assembly of equipment,
mechanical, audible or electrical, designed to signal any fire or occurrence of
an illegal entry or other illegal activity requiring emergency response by the
police or fire division, but does not include alarms installed in motor
vehicles, or security devices carried on the person.
(D) “Alarm
user” means any person, partnership, corporation, or any other entity who
purchases, leases, contracts for, otherwise obtains or uses an alarm system in a
facility that lies within the jurisdiction of the division of fire or
police.
(E) “Automatic dialer” means any alarm system which is
designed to emit its signal directly to the police division or fire division by
means of dialing a telephone number and giving a pre-recorded
message.
(F) “Board” shall mean the alarm advisory board as
constituted in this chapter.
(G) “Emergency contact person”
means a person listed on the alarm permit application by the alarm user, who has
a key or other access to the alarm user’s property and who will respond,
if necessary, when the alarm system is activated.
(H) “False
alarm” means an alarm signal requesting an emergency response by the
police or fire division when an emergency situation does not exist. False alarms
do not include signals:
(1) Caused by tornadoes, blizzards or other
catastrophic acts of God;
(2) That have been cancelled by the Columbus
police or fire dispatcher prior to arrival of the police or fire
division.
(I) “Permit year” means each twelve (12) month period
following the issue date of a permit.
(J) “Revocation” means
that period of time when all rights and privileges of a permit have been
abolished for noncompliance with provisions of this chapter. Reinstatement of
the permit shall occur when all provisions of this chapter have been
met.
(K) “Service fee” means penalty charges assessed for false
alarms.
(L) “Term” means length of permit validity. (Ord.
1785-98 § 1 (part).)
597.02 Alarm user permit required.
(A) No alarm user shall operate an alarm system, monitored or audible,
without first having been issued a valid alarm user permit from the department
of public safety, license section.
(B) The property owner shall obtain a
permit for any operational alarm system housed in vacant property.
(C) No
posting of the alarm user permit is required; however, the permit shall be made
available immediately upon the request of any police officer, firefighter or
license officer.
(D) The issuance of a false alarm notice by the police or
fire division pursuant to Section 597.16 shall be prima facie evidence that an
alarm system is in use, and for the purpose of determining the number of false
alarms per year, the date of that false alarm shall be used as the date the
permit is issued. (Ord. 1785-98 § 1 (part).)
597.03 Alarm user permit application, term, transfer, fee exemptions, renewal.
(A) Applications for alarm user permits shall be made on forms provided by
the license section. All requested information shall be accurately completed and
all agreement and permission statements signed.
Any change in application
information as provided shall be reported to the license section within fourteen
(14) calendar days of such change.
(B) All alarm user permits shall be valid
for two (2) years from date of issue.
(C) An alarm user permit may be
transferred by named users to their new location during a permit
period.
(1) Said permit is not transferable from one user to another
user.
(D) Permit fees, as provided in Section 597.97, shall be paid prior to
issuance of permit, except that no permit fee shall be imposed upon any federal,
state, county or municipal government agency.
(E) Exemptions:
(1) No
alarm user permit shall be required of any federal, state, county, or municipal
government agency.
(2) No service fee for false fire alarms shall be imposed
upon users of fire alarm systems in facilities defined in the Ohio Basic
Building Code use groups of A-1, A-3, A-4, A-5, E, I-1, I-2, I-3, R-1 and any
school or educational facility used for teaching or educating five (5) or more
people. Such users shall make application for the service fee exemption with the
license section.
(F) All permits shall be renewed prior to their date of
expiration.
(1) Users shall be invoiced for renewal fees;
(2) Renewal
invoices shall also request any change in permit information currently on file.
(Ord. 1785-98 § 1 (part).)
597.04 Revocation of alarm user permit.
(A) An alarm user permit may be revoked for any of the following
reasons:
(1) Any false alarms in excess of twelve (12) false alarms in a
permit year;
(2) Failure to remit the service fee required by Section
597.97, within thirty (30) calendar days of receipt of invoice, or within thirty
(30) calendar days of a final determination of liability, if appealed, as
allowed under 597.17(A), (B);
(3) Failure to remit renewal fee and
information change required by Section 597.03(F), within thirty (30) days of
invoice date shall result in an automatic revocation of an alarm user
permit.
(4) Falsification of any information on an alarm user permit
application;
(5) Failure to appear at any hearing as provided in this
chapter;
(6) Failure to notify the license section of changes in permit
information as required by Section 597.03(A);
(7) Use of any automatic
dialer programmed to connect directly to the Columbus police division or fire
division;
(8) Programming any dialer to connect with the 911 emergency
system;
(9) Failure to cooperate with license officers inspecting alarm
systems;
(10) Failure to disconnect or reset an alarm system when ordered to
do so by the director of public safety or designee.
(B) A hearing shall be
conducted by the director of public safety or designee to determine if an alarm
user permit should be revoked. The holder of the alarm user permit shall be
notified by certified mail or personal service at least fourteen (14) calendar
days in advance of such hearing. The holder of the alarm user permit shall have
the right to present evidence and testimony.
(C) Provisions of Section
501.08(A)(6), shall not apply to this chapter. (Ord. 1785-98 § 1
(part).)
597.05 Alarm dealer permit, required.
(A) No person, company, corporation, partnership, or other entity shall
sell, lease, monitor, install, activate; or cause to be sold, leased, monitored,
installed or activated, an alarm system unless such person, company,
corporation, partnership or other entity is first in possession of a valid alarm
dealer permit. Each dealer permit shall be assigned a permanent identification
(I.D.) number.
(B) A separate permit shall be required for each location
from which an alarm dealer offers sales or service to the general public. (Ord.
1785-98 § 1 (part).)
597.06 Alarm dealer permit, application, issuance, term, transfer, fee, renewal.
(A) Alarm dealer applications shall be made on forms provided by the
license section. All requested information shall be accurately
completed.
(1) Any change in application information shall be reported to
the license section within fourteen (14) calendar days of such
change.
(B) All applications shall be accompanied by a copy of an existing
general liability insurance policy or certificate, in an amount which is no less
than two hundred fifty thousand dollars ($250,000.00). Such policy or
certificate shall be issued by an insurance company or person duly licensed to
transact business in the state of Ohio, or by an insurance company or person not
authorized to transact business in the state, provided such insurance is written
through a person duly licensed as provided by Ohio Revised Code
3905.30.
(C) The policy or certificate must contain an endorsement providing
for ten (10) days notice to the city prior to any material change or
cancellation.
(D) Any cancellation of insurance as provided in Section
597.06(B) above, shall result in an automatic revocation of the respective alarm
dealer permit.
(E) Permits shall expire one (1) year from date of
issue.
(F) Permits are nontransferable.
(G) Permit fees, as provided in
Section 597.97, shall be paid prior to issuance of a permit.
(H) All alarm
dealer permits shall be renewed prior to their date of expiration. (Ord. 1785-98
§ 1 (part).)
597.07 Alarm dealer conditions.
(A) Alarm dealers shall not:
(1) Employ any person to sell, install,
or service an alarm system or otherwise act as an alarm agent unless such person
has a valid alarm agent permit.
(2) Contract for monitoring of an alarm
system with any person or company not holding an alarm dealer
permit;
(B) Alarm dealers shall provide to the license section in format
approved by the section:
(1) Information on new installations and customers
as they occur.
(2) An accurate listing of all names and identification
numbers of other alarm dealers for whom they currently monitor (monitor
customer), prior to obtaining their own alarm dealer permit; and,
(a) Any
change in current monitor customer permit information as it occurs;
(b) Any
new monitor customer information by the end of the last business day of each
month;
(c) Any deletion in monitor customer listings by the end of the last
business day of each month.
(C) Alarm dealers shall also:
(1) Provide
company identification cards for alarm agents, which shall include, company
name, agent name, agent photograph.
(2) Completely test each alarm system
after installation.
(3) Instruct all customers in writing of procedures for
testing the system.
(D) Alarm dealers shall be issued an I.D. number for
each company that monitors its alarms. This number shall be used when the
monitoring company requests service from the Columbus police division or fire
division.
(1) I.D. numbers will be provided at no charge when an alarm
dealer permit is issued.
(2) If an alarm dealer makes changes in monitoring
companies after obtaining a permit, a fee shall be charged in accordance with
Section 597.97.
(E) Alarm dealers shall also conform to all city codes,
including, but not limited to building and fire codes, as well as the state and
federal laws applicable thereto. (Ord. 1785-98 § 1 (part).)
597.08 Alarm agent permit required.
No person shall operate as an alarm agent without first being in
possession of a valid alarm agent permit. (Ord. 1785-98 § 1
(part).)
597.09 Alarm agent permit application, term, transfer, fee, renewal.
(A) Alarm agent applications shall be made on forms provided by the
license section, accompanied by a close-up color photograph, one and one-half
(1-1/2) inch x one and one-half (1-1/2) inch, without hat or sunglasses, and
taken within the past sixty (60) days. All requested information shall be
accurately completed.
(1) Any change in application information shall be
reported to the license section within fourteen (14) calendar days of such
change.
(B) Permits shall expire one (1) year from date of
issue.
(C) Permits are nontransferable.
(D) Permit fees, as provided in
Section 597.97, shall be paid prior to issuance of a permit.
(E) All alarm
agent permits shall be renewed prior to their date of expiration. (Ord. 1785-98
§ 1 (part).)
597.10 Alarm agent conditions.
(A) Alarm agents shall not do business for any person or company that is
not in possession of a valid alarm dealer permit.
(B) Alarm agents
shall:
(1) Wear on the outermost garment an identification card bearing the
alarm agent’s name, picture, and the name of the alarm dealer for whom the
alarm agent is working;
(2) Completely test each alarm system after
installation.
(3) Instruct all customers verbally and in writing of system
testing procedures. (Ord. 1785-98 § 1 (part).)
597.11 Revocation, alarm dealer, alarm agent permit.
(A) An alarm dealer or alarm agent permit may be revoked for any of the
following reasons:
(1) Falsification of any information on permit
application;
(2) Failure to appear at any hearing as provided in this
chapter;
(3) Failure to notify the license section of changes in permit
information as required in Section 597.06(A)(1).
(4) Installation of any
automatic dialer programmed to connect directly to the Columbus police division
or fire division;
(5) Programming any dialer to connect with the 911
emergency system;
(6) Failure to cooperate with license officers inspecting
alarm systems;
(7) Violation of any other provision of this
chapter.
(B) A hearing shall be conducted by the director of public safety
or designee to determine if a permit should be revoked. However, a hearing shall
not be required in cases of automatic revocation caused by insurance
cancellations as provided in Section 597.06(D).
(1) The holder of the permit
shall be notified by certified mail or personal service at least fourteen (14)
calendar days in advance of such hearing.
(2) The holder of the permit shall
have the right to counsel and the right to present evidence and
testimony.
(C) Provisions in Chapter 501.08(A)(6), shall not apply to this
chapter. (Ord. 1785-98 § 1 (part).)
597.12 Examination of applicant.
No permit shall be issued to any alarm dealer or agent who has been
convicted of theft or any felony within the past five (5) years, nor to any
person on parole for a felony at the time of application. (Ord. 1785-98 § 1
(part).)
597.13 System standards.
(A) Alarm systems capable of being activated by any failure in the
electrical current are prohibited.
(1) Systems shall be equipped with a
secondary power source which shall hold the alarm readiness for a minimum of
fifteen (15) minutes or shall be rendered inoperable by such power
interruption.
(B) Audible alarm systems which do not have an automatic
cutoff within fifteen (15) minutes after initial activation shall be
prohibited.
(C) The sensory mechanisms used in connection with alarm systems
shall be adjusted so that the device will not be activated by forces unrelated
to genuine alarms, including but not limited to the following:
(1) Short
flashes of light;
(2) Wind noises, such as the rattling or vibrating of
doors or windows;
(3) Vehicular noise adjacent to the
installation.
(D) No automatic dialers shall be programmed to dial the 911
emergency response system.
(E) Use of any automatic dialer systems
programmed to connect directly with the Columbus police division or fire
division is prohibited.
(F) All fire systems, must at all times, remain
within the standards set forth by the state fire marshal or the Columbus fire
division. (Ord. 1785-98 § 1 (part).)
597.14 Malfunctioning audible alarm systems.
Alarm users, and alarm dealers shall cooperate with the safety director or
designee by supplying information that may be necessary to disconnect or reset
any system that does not conform to Section 597.13(B) above. (Ord. 1785-98
§ 1 (part).)
597.15 Excessive false alarms.
Excessive false alarm occurrences may result in on-site inspections by
license officers or in consultations conducted by the director of public safety
or designee. Alarm users and their responsible alarm dealers may be required to
be in attendance. Excessive false alarms shall mean seven (7) or more false
alarms in a twelve (12) month period. (Ord. 1785-98 § 1 (part).)
597.16 False alarm determination.
(A) When a police officer or firefighter responds to the scene of an
emergency alarm signal, it shall be the responsibility of that officer or
firefighter to determine the validity of the emergency signal.
(B) If the
responding police officer or firefighter determines the emergency signal to be
false, that officer or firefighter shall make a report of the false alarm and
forward it to the department of public safety, license section. A notification
of the false alarm report shall be immediately delivered to the address of the
false alarm occurrence.
(C) Each false alarm notice shall constitute a
separate violation of this chapter. (Ord. 1785-98 § 1 (part).)
597.17 Appeal of false alarm determination.
(A) Upon receipt of any false alarm report, the alarm user may appeal by
submitting a written explanation as to the actual cause of the alarm within
fourteen (14) calendar days from the date of the false alarm.
(B) False
alarms may be dismissed under the following conditions:
(1) Equipment
malfunction, with written verification from the alarm company that such
malfunctioning equipment has been repaired;
(2) Burglary, attempted
burglary, or vandalism if proper police report has been filed.
(C) False
alarms will not be dismissed for the following reasons:
(1) Low battery in
alarm back-up system;
(2) Premises left unsecured;
(3) Defective
locks;
(4) Loose fitting windows and doors;
(5) Improper use of alarm
system by the user;
(6) Repetitive service orders for alleged equipment
malfunctions.
(D) If the license section upholds the original false alarm
determination, the appellant will have fourteen (14) calendar days from that
date to appeal the decision.
(1) A hearing officer shall be appointed by the
director of public safety or designee to hear appeals.
(2) Hearings shall be
scheduled within fourteen (14) calendar days of receipt of such request by the
license section. The alarm user shall have the right to present evidence and
testimony. (Ord. 1785-98 § 1 (part).)
597.18 Reinstatement of revoked permits.
(A) All permits named in this chapter that have been revoked for any
reason shall be assessed a reinstatement fee as provided in Section
597.97.
(B) In addition to the reinstatement fee, all outstanding service
fees shall be paid prior to reinstatement.
(C) In addition to (A) and (B)
above, a corrective action plan submitted by the alarm user, may also be
required by the director of public safety or designee prior to reinstatement.
(Ord. 1785-98 § 1 (part).)
597.19 Appeal procedures.
All revocation orders issued by the license section shall be subject to
appeal to the board of license appeals pursuant to Chapter 505. (Ord. 1785-98
§ 1 (part).)
597.95 Liability of city.
The issuance of any permit in conjunction with this chapter shall not
constitute acceptance by the city of any liability for anything in connection
therewith. (Ord. 1785-98 § 1 (part).)
597.96 Severability.
If any portion of this chapter, or any portion of a section is declared to
be invalid by a court of competent jurisdiction, such declaration of invalidity
shall be limited to that portion and be declared invalid. This declaration of
invalidity shall not affect or impair the remainder of this chapter, and to this
end, the provisions are severable. (Ord. 1785-98 § 1 (part).)
597.97 Fees, terms.
(A) The following schedule sets forth applicable fees and terms for alarm
dealers, users, and agents:
|
Alarm User
|
Alarm Dealer
|
Alarm Agent
|
Changes to I.D. Numbers
|
|
Permit Fee
|
$25.00
|
$200.00
|
$50.00
|
$25.00
|
|
Term
|
2 Years
|
1 Year
|
1 Year
|
|
|
Reinstatement from revocation
|
$25.00
|
$100.00
|
$25.00
|
|
|
Service Fees
|
|
|
|
|
|
False Alarms 1, 2
|
No Charge
|
|
|
|
|
3, 4, each
|
$100.00
|
|
|
|
|
5, 6, each
|
200.00
|
N/A
|
N/A
|
|
|
7, 8, 9, each
|
400.00
|
|
|
|
|
10, 11, 12 and above each
|
800.00
|
|
|
|
(B) All fees, once processed, shall be nonrefundable. (Ord. 1785-98
§ 1 (part); Ord. 868-03 § 1 (part).)
597.98 Alarm advisory board.
(A) There is hereby established an alarm advisory board in the office of
the public safety director.
(B) Composition of the Board.
(1) The board
shall consist of the following nine (9) members:
(a) The director of public
safety or a designate, who shall serve as chairman;
(b) A representative
from the division of fire;
(c) A representative from the division of
police;
(d) A representative from the department of trade and
development;
(e) A representative selected by the Ohio Burglar & Fire
Alarm Association;
(f) A representative from the license
section;
(g) Three (3) members appointed by the mayor as follows:
1. A
citizen member holding a valid alarm user permit;
2. An instructor from an
accredited electronic or electrical training program;
3. An alarm dealer
holding a valid alarm dealer permit.
(C) Membership Terms.
(1) The
appointed members shall serve for a term of two (2) years, beginning January 1
through December 31, or until a successor is appointed, and shall serve without
compensation.
(2) The city representatives shall serve as long as they hold
their positions with the city, and shall serve without additional
compensation.
(D) Function of the Board.
(1) The board shall advise and
consult with the director of public safety concerning practices in the alarm
industry, and shall undertake to encourage high technical standards, fair
business practices, and public responsibility.
(2) The board shall hear and
make recommendations to the director on any matter in which the director may
request the board to meet. (Ord. 1785-98 § 1 (part).)
597.99 Penalties.
(A) Whoever violates Section 597.02 shall be guilty of a minor misdemeanor
and shall be fined not more than one hundred dollars ($100.00). Upon subsequent
conviction, such person shall be deemed guilty of a misdemeanor of the third
degree and shall be fined not more than five hundred dollars ($500.00) or
imprisoned for not more than sixty (60) days or both.
(B) Whoever violates
Sections 597.05 and 597.08 shall be deemed guilty of a misdemeanor of the third
degree and shall be fined not more than five hundred dollars ($500.00) or
imprisoned for not more than sixty (60) days or both. Any violation shall
constitute a separate offense for each successive day continued. (Ord. 1785-98
§ 1 (part).)
<< previous | next >>