Plain English Summary
This bylaw (No. 658) for the Town of View Royal aims to reduce the number of false alarms that trigger responses from the Police and Fire Departments. Excessive false alarms are a problem because they can endanger emergency responders and delay responses to actual emergencies. The bylaw holds property owners and occupants responsible for ensuring their alarm systems are properly used, installed, and maintained to prevent false alarms. It also outlines responsibilities for property references and monitoring services. Fees are charged for false alarms, starting with the second false alarm within a 12-month period. The bylaw also states that the Police can stop responding to alarms from properties with excessive false alarms until the system is inspected and repaired. There is a process to appeal false alarm determinations. Finally, it defines key terms related to alarm systems and emergency response.
Legislative Timeline
Adopted 2007
Official adoption year of Bylaw No. 658
Document Outline
Bylaw No. 658 - False Alarm Bylaw
Citation
- Title: “False Alarm Bylaw No. 658, 2007”
Interpretation
- Definitions
Severability and Headings
- Severability
- Headings
- Schedule
Owner and Occupier Responsibilities
- Responsibilities for alarm systems
Property Reference Responsibilities
- Requirements for property references
Monitoring Service Responsibilities
- Reporting requirements
Fees
- False Alarm Fees
- First false alarm
- Second false alarm
- Third and subsequent false alarms
- Standby
- Forced Entry
Invoicing
- Payment terms
Cancellation and Resumption of Police Response
- Cancellation after multiple false alarms
- Resumption requirements
- New twelve-month period
Reinstatement to No Alarm Status
- Application for reinstatement
- Time limit for application
Appeal
- Appeal process
- Final determination
- Delegation of responsibility
Forms
- Clerk to prescribe forms
Penalty
- Fines for violations
Coming into Force
- Effective date
Repeal
- Repeals Bylaw No. 190, 1994
Readings and Adoption
Schedule “A”
- Standby rates for engines, truck company, water tender, brush patrol and firefighters.
Full Text
TOWN OF VIEW ROYAL BYLAW NO. 658 Amended by Bylaw No. 958 A BYLAW TO RECOVER COSTS FOR FALSE ALARMS WHEREAS excessive numbers of false alarms are being permitted to occur by the owners or users of alarm systems; AND WHEREAS these false alarms require emergency responses from Police and Fire Departments, posing a threat to the safety of Police and Fire Department members and members of the public by creating unnecessary hazards and delaying the Police and Fire Department response to emergencies; AND WHEREAS Sections 8(3)(g) and (h) of the Community Charter provide that Council may, by bylaw, regulate, prohibit and impose requirements in relation to the health, safety or protection of persons or property and the protection and enhancement of the well-being of its community to prevent or minimize nuisances, disturbances and other objectionable situations; AND WHEREAS Section 8(8) of the Community Charter provides that Council may, by bylaw, (a) provide that persons may engage in a regulated activity only in accordance with the rules established by bylaw; (b) prohibit persons from doing things with their property; (c) require persons to do things with their property, to do things at their expense and to provide security for fulfilling a requirement; AND WHEREAS Section 196 of the Community Charter provides that Council may, by bylaw, impose fees to be paid by the owner or occupier of real property to which Police and Fire services are provided in response to a false alarm of an alarm system; AND WHEREAS Sections 258(1) and (2) of the Community Charter provide that Council may collect fees imposed for response to false alarms in the same manner and with the same remedies as property taxes and if the fees are due and payable by December 31 and unpaid on that date, Council may deem it to be taxes in arrears; NOW THEREFORE the Council of the Town of View Royal in open meeting assembled enacts as follows: CITATION 1. This Bylaw may be cited for all purposes as the “False Alarm Bylaw No. 658, 2007”. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 2 of 10 INTERPRETATION 2. Definitions in this bylaw are as follows: ALARM INCIDENT means the activation of an alarm system resulting in the direct or indirect reporting of the activation to the Police or Fire Departments. ALARM SYSTEM means either a fire alarm system or a security alarm system. CLERK means the Corporate Officer of the Town. CODE REQUIRED FIRE ALARM SYSTEM means a fire alarm system required by the British Columbia Building Code. EMERGENCY DISPATCH means Victoria Operational Communication Centre for security alarms and Langford Fire Dispatch for fire alarms. FALSE ALARM means the activation of an alarm system that results in a response from the Police or Fire Departments where a situation requiring such a response does not exist and includes a situation where: (a) the alarm system has malfunctioned for any reason, including, but not limited to, improper installation or maintenance; (b) the alarm system has been activated in error; (c) the alarm system has been activated by improper use; (d) the alarm system has been activated during testing; (e) there is no evidence of forced entry, fire, smoke or heat damage; or (f) the cause of the alarm cannot be determined. FIRE and FIRE DEPARTMENT mean the View Royal Fire Department. FIRE ALARM SYSTEM means a device or devices installed on or in any real property and that is designed, intended or used to issue an audible signal to advise persons of a fire emergency. FIRE CHIEF means the Fire Chief or their designate of the View Royal Fire Department. HOLD UP ALARM SYSTEM means a device or devices installed on or in any real property and that is designed, intended or used to indicate the occurrence of a hold up or robbery. MONITORING SERVICE means a person, partnership or company engaged in the business of monitoring alarm systems and reporting the occurrence of alarms to the Police and Fire Departments. NO ALARM STATUS means the designation of any real property as having had no false alarms. OFFICER IN CHARGE means the Officer in Charge or their designate of the West Shore RCMP. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 3 of 10 POLICE and POLICE DEPARTMENT mean the West Shore Royal Canadian Mounted Police (RCMP). PROPERTY REFERENCE means a person, persons or company employed to represent the owner or occupier of any real property. SECURITY ALARM SYSTEM means a device or devices installed on or in any real property and that is designed, intended or used for the detection of an unauthorized entry into a building, structure, facility or surrounding area; or for alerting others to the commission of an unlawful act, including a hold up alarm system; or both, and which emits a sound or transmits a message, or does both, but does not include a device which registers an alarm which is not audible, visible or perceptible outside the premises inside which it is installed or a device which is installed in a motor vehicle. SUPPLEMENTARY FIRE ALARM SYSTEM means a device or devices that are not required to be installed in a building by the British Columbia Building Code and includes, but is not limited to, a residential smoke alarm monitored through a security alarm panel installed in a single family residence. TOWN means the Town of View Royal. 3. Unless the context otherwise requires, wording in the singular number or masculine gender may include the plural number or feminine gender, and the converse may also apply. SEVERABILITY AND HEADINGS 4. (1) Any section, subsection, sentence, clause or phrase of this Bylaw, which is for any reason held to be invalid by the decision of any Court of competent jurisdiction, may be severed from the balance of this Bylaw without affecting the validity of the remaining portions of this Bylaw. 4. (2) Section headings do not form part of this Bylaw. They are included for convenience only and must not be used in interpreting this Bylaw. 4. (3) The schedule attached to this Bylaw forms part of this Bylaw. OWNER AND OCCUPIER RESPONSIBILITIES 5. Every owner or occupier of real property is responsible for the proper use, installation, maintenance and operation of any alarm system installed on the real property which they own or occupy to ensure the prevention of false alarms. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 4 of 10 PROPERTY REFERENCE RESPONSIBILITIES 6. The property references whose names are provided by the owner or occupier to the monitoring service must be: (a) Available to receive telephone calls from the monitoring service in the event of an alarm incident; (b) Able to attend at the address of the alarm incident within thirty (30) minutes of being requested to do so by the monitoring service; (c) Capable of affording the Police or Fire Department access to the premises where the alarm incident is located; and (d) Capable of operating the alarm system and able to safeguard the premises and take responsibility for the real property. MONITORING SERVICE RESPONSIBILITIES 7. The monitoring service must immediately report every alarm incident from a fire alarm system or a hold up alarm system to emergency dispatch and must subsequently place a telephone call to the premises from which the fire alarm or hold up alarm was sent to verify whether the alarm is false or not. If the monitoring service confirms that the fire alarm or hold up alarm is a false alarm through the verification telephone call to the premises from which the alarm was sent, the monitoring service must immediately notify emergency dispatch. FEES 8. The owner or occupier of real property to which the services of the Police or the Fire Department are provided in response to a false alarm will pay to the Town, the following fees: False Alarms 8. (1) For the first false alarm there will be no fee charged as per the Fees and Charges Bylaw No. 958 and the Officer in Charge or Fire Chief may cause a notice to be sent to the owner and occupier of the property in which the alarm system is installed advising of the occurrence of the false alarm and of the consequences, which may arise if further false alarms occur. Bylaw No. 958, 2016 8. (2) For the second false alarm in any twelve (12) month period from the date of the first false alarm, the fee is as per Fees and Charges Bylaw No. 958 and the Officer in Charge or Fire Chief may cause a notice to be sent to the owner and occupier of the property in which the alarm system is installed advising of the occurrence of the false alarm and of the consequences, which may arise if further false alarms occur. Bylaw No. 958, 2016 8. (3) For the third and subsequent false alarms in any twelve (12) month period from the date of the first false alarm, the fee is as per Fees and Charges Bylaw No. 958 False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 5 of 10 Bylaw No. 958, 2016 Standby 8. (4) When a property reference is unable to attend the real property at which a false alarm incident has occurred as directed in Section 6. (b), the owner or occupier of the real property will be required to pay a standby fee as prescribed in Schedule “A” of this Bylaw for fire fighters and equipment that are required to stay on scene in excess of thirty (30) minutes. 8. (5) A minimum of one (1) hour will be charged for standby as described in Section 8. (4). Forced Entry 8. (6) In the event that Police or Fire cause forced entry to the premises due to the false alarm, all costs incurred to secure the building will be imposed on the owner or occupier of the property. INVOICING 9. Any fees imposed under this Bylaw are due and payable within forty-five (45) days of invoice and, if not paid on December 31st of the year in which they are imposed, may be added to and form part of the taxes payable on the real property as taxes in arrears. CANCELLATION AND RESUMPTION OF POLICE RESPONSE 10. (1) If in any twelve (12) month period the Police respond to five (5) or more false alarms originating from one security alarm system, the Officer in Charge may cause a notice in writing to be sent to the owner and occupier of the property in which the security alarm system is installed advising that the Police may not respond to subsequent alarms. 10. (2) Before response to security alarms will resume, the owner or occupier of real property must provide evidence to the Police Department that a certified alarm service company has reviewed the security alarm system, identified the cause(s) of the false alarm and rectified the cause(s) of the false alarm. 10. (3) On receipt of a valid inspection report, the Police Department may resume security alarm system response and a new twelve (12) month period will begin from the date of the evidence provided by a certified alarm service company. REINSTATEMENT TO NO ALARM STATUS 11. (1) The owner or occupier of real property with a code required fire alarm system can apply in writing for a reinstatement to No Alarm Status by providing evidence to the Fire Department that a certified alarm service company has reviewed the alarm system, identified the cause(s) of the false alarm and rectified the cause(s) of the false alarm. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 6 of 10 11. (2) This application for reinstatement to No Alarm Status must be initiated by the owner or occupier within thirty (30) days of issuance of a notice or invoice for a false alarm. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 7 of 10 APPEAL 12. (1) The owner or occupier of real property may appeal the validity of a determination that an alarm was false by submitting a notice in writing to the Officer in Charge or Fire Chief within ten (10) days of issuance of a notice or invoice for a false alarm. The Officer in Charge or Fire Chief may: (a) Conduct an internal investigation; or (b) Attempt to resolve the appeal informally with the owner or occupier; or (c) Convene a hearing with the Clerk, the owner or occupier, and the Officer in Charge or Fire Chief; or (d) Receive written or oral submissions from the owner or occupier; and determine whether the alarm was false and may subsequently cancel the invoice. 12. (2) The determination by the Officer in Charge or Fire Chief under Section 12 (1) of this Bylaw is final and conclusive for all purposes. 12. (3) The Officer in Charge or Fire Chief may delegate responsibility under Section 12 (1) to another staff member in the Police or Fire Department respectively. FORMS 13. The Clerk may prescribe the form of notices and invoices for the purposes of this Bylaw. PENALTY 14. Any person who violates any provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine of not less than $100.00 for a first offence and of not less than $200.00 for a second or subsequent offence. COMING INTO FORCE 15. This Bylaw will come into force and effect on August 1, 2007. REPEAL 16. Bylaw No. 190, 1994, cited as “False Alarm Bylaw, 1994, No. 190” is hereby repealed. False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 8 of 10 READ A FIRST TIME THIS 17th DAY OF APRIL, 2007 READ A SECOND TIME THIS 17th DAY OF APRIL, 2007 READ A THIRD TIME THIS 19th DAY OF JUNE, 2007 ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 3rd DAY OF JULY, 2007. MAYOR CLERK False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 9 of 10 Schedule “A” Engines Minimum Requirements Types Structure Engines Wildland Engines 1 2 3 & CAFS 4 Pump 1000 GPM 500 GPM 120 GPM 50 GPM 825 IGPM 425 IGPM 100 IGPM 40 IGPM Water Tank 400 Gal. 400 Gal. 300 Gal 200 Gal. 325 IG 325 IG 250 IG 175 IG Hose 2 ½” 1200 Ft. 1000 Ft. - - Hose 1 ½” 400 Ft. 500 Ft. 1000 Ft. 300 Ft. Hose 1” 200 Ft. 300 Ft. 800 Ft. 800 Ft. Ladder 20 Ft. Ext. 20 Ft. Ext. - - Master Stream 500 GPM - - - Personnel 4 with SCBA 3 with SCBA 3 with SCBA 3 with SCBA Total $480/hour $400/hour $375/hour $275/hour Truck Company Minimum Requirements Types 1 2 Aerial Device 75 Ft. 50 Ft. Elevated Stream 500 GPM 500 GPM 425 IGPM 425 IGPM Ground Ladders 115 Ft. (Total) 115 Ft. (Total) Personnel 4 4 Total $679/hour $579/hour Water Tender Minimum Requirements Types 1 2 3 Pump 300 GPM 120 GPM 50 GPM 250 IGPM 100 IGPM 40 IGPM Water Tank 2000 Gal. 1000 Gal. 1000 Gal. 1600 IG 800 IG 800 IG Personnel 2 2 2 Total $297/hour $247/hour $222/hour False Alarm Bylaw No. 658, 2007 – consolidated to January 2017 Page 10 of 10 Brush Patrol Minimum Requirements Pump 15 GPM 12 IGPM Hose 1” 150 Ft. Tank 75 Gal. 60 IG Personnel 2 Total $172/hour Fire Fighters Fire Fighter Rates Total $30.50/hour/person Glossary Ft. – Feet Ft. Ext. – Foot extension Gal. – Gallon GPM – Gallons per minute IG – Imperial gallon IGPM – Imperial gallons per minute SCBA – Self-contained breathing apparatus