§ 14-18. False Fire Alarms.

(A)

Purpose. The purpose of this section is to place responsibility on the fire alarm user to prevent, by use of appropriate mechanical, electrical, or other means, false fire alarms.

(B)

Definitions.

(1)

Alarm user means the person or other entity that owns, possesses, controls, occupies or manages any premises as defined below.

(2)

False fire alarm means a signal from a fire alarm system that elicits a response by the Fire Department when no actual or threatened fire-related emergency exists. This definition includes signals activated by negligence, accident, mechanical failure, and electrical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause of activation is unknown. It is a rebuttable presumption that a fire alarm is false if personnel responding from the Fire Department do not discover any evidence of fire or other emergency after following normal Fire Department operating procedures in investigating the incident. An alarm is not false if the alarm user proves that (1) an individual activated the alarm based upon a reasonable belief that a fire-related emergency existed; (2) the alarm system was activated by lightning or an electrical surge that caused physical damage to the system, as evidenced by the testimony of a licensed alarm system contractor who conducted an on-site inspection and personally observed the damage to the system; or (3) the alarm was activated by vandals.

(3)

Fire alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of fire-related emergency requiring urgent attention and to which Fire Department personnel may reasonably be expected to respond, but does not include such alarms installed in residential buildings of four (4) units or less.

(4)

Premises means the building or structure or portion of a building or structure upon which is installed or maintained, a fire alarm system.

(5)

Vandal(s) means a person or persons who willfully cause damage to a fire alarm system which results in the activation of a fire alarm.

(C)

Fire alarms; posting requirements. A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating (1) the name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm; (2) emergency telephone numbers by which those individuals can be reached at all times; and (3) the name and address of the alarm user. The information must be kept current and failure to update this information within forty-eight (48) hours of any change constitutes a violation of this section.

(D)

False fire alarms prohibited. No fire alarm user shall cause, allow, or permit its fire alarm system to give three (3) or more false fire alarms in any calendar year.

(E)

Inspection requirements. After the second and each additional false fire alarm in one (1) calendar year, the alarm user shall, within thirty (30) days after the second or subsequent fire alarm activation, file a written inspection and test report with the Fire Department from a licensed fire alarm contractor stating that the fire alarm system has been inspected and tested since the last false fire alarm. The report shall set forth the probable cause of the activation and describe any repairs, modifications made or actions taken to prevent additional false alarm activations. The inspection and test report shall also state that the system is currently fully functional and without deficiencies. However, manual station activations that have been reset successfully do not require post—activation inspection.

(F)

Penalties. Each violation of this section shall be punished as follows:

(1)

For a first violation of Section 14-18(C), by a fine of two hundred fifty dollars ($250.00).

(2)

For a second and each additional violation of Section 14-18(C), by a fine of five hundred dollars ($500.00).

(3)

For the third false fire alarm in one (1) calendar year, by a fine of five hundred dollars ($500.00).

(4)

For the fourth and each additional false fire alarm in one (1) calendar year, by a fine of one thousand dollars ($1,000.00).

(5)

For each violation of Section 14-18(E), a fine of two hundred fifty dollars ($250.00).

(G)

Enforcement. The section shall be enforced by the code enforcement provisions of Chapter 8CC of the Code of Miami-Dade County.

(Ord. No. 88-46, § 1, 5-17-88; Ord. No. 16-89, § 3, 9-7-16)

Editor's note— Ord. No. 88-46, § 1, adopted May 17, 1988, did not specifically amend this Code; hence inclusion of these provisions as § 14-10 was at the discretion of the editor.

Note— Formerly Section 14-10 of the Code.

Cross reference

False alarms and reports, § 21-24; obstructing or interfering with fire and police alarm systems, § 21-25.