ORDINANCE NO. 14,692

AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 14,176 passed December 16, 2002, by amending Sections 38-81 and 38-84 and deleting Sections 38-82 and 38-83 thereof, relating to discontinuation of fire alarm monitoring by the fire department.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, and amended by Ordinance No. 14,176 passed December 16, 2002, is hereby amended by amending Sections 38-81 and 38-84 and deleting Sections 38-82 and 38-83 thereof, relating to discontinuation of fire alarm monitoring by the fire department, as follows:

Sec. 38-81. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm receiving station means any privately owned or maintained installation, arranged to supervise the condition of two or more fire alarm systems, not located on the same premises as the installation, which, upon receipt of a fire alarm, will take the appropriate action.

Alarm user means the person who or organization of any kind which has a fire alarm system to protect the person's or the organization's premises, regardless of whether the person or organization owns or leases the fire alarm system.

False alarm means the activation of fire alarm system through technical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents. A false alarm under this division does not include alarm system failures caused by water, gas, electrical,

telephone or other transmission lines or devices not under control of an alarm user or his or her agent; the willful act of any person other than the alarm user or his or her agent, servant or employee; and does not include failures due to conditions clearly beyond the control of the alarm user or his or her agents, servants or employees. False fire alarm includes alarms which activate a signal to which the fire department responds with equipment and personnel without regard to whether the alarm is connected to any receiving alarm station. False alarm includes the willful use of an alarm system for purposes other than warning or notification of a fire. A false alarm does not include any activation of an alarm which is caused by storms, tornadoes or other violent weather conditions.

Fire alarm system means an assembly of equipment or devices or a single device designed or intended for use to detect fires by monitoring temperature, humidity or other conditions, including the monitoring of automatic sprinkler systems and all equipment or devices commonly known as fire alarms. A group of buildings with a single ownership, either attached or on a common campus not connected to the fire department communications center, shall be considered a single fire alarm system for the purpose of this division. Any building, group of buildings, or building situated on a common campus subject to a condominium regime shall be, as to common areas for the purposes of this division, considered a single system; if the entire premises subject to the condominium regime, including individual units, is connected to or part of a single integrated alarm system, the entire premises shall be considered to have a single fire alarm system held in common, but if the premises is not so connected, individual units shall be treated as other premises. All other premises not specifically mentioned shall, as to each separate ownership, lease or other interest owning, maintaining or using a fire alarm system, be considered for the purposes of this division to have a separate fire alarm system.

Fire department communications center means the monitoring station for the fire department and is, for purposes of health, building and fire safety codes, the municipal fire alarm system, the fire department alarm system and the remote station service of the city.

Sec. 38-82. Repealed by Ord. No. 14,---.

Sec. 38-83. Repealed by Ord. No. 14,---.

Sec. 38-84. Standards.

The fire chief shall promulgate rules and regulations setting out standards of quality for fire alarm systems and their installation.

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

Glenna K. Frank, Assistant City Attorney

T.M. Franklin Cownie, Mayor

Attest:

I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 07-1640), passed by the City Council of said City at a meeting held August 20, 2007 signed by the Mayor on August 20, 2007 and published as provided by law in the Business Record on September 3, 2007, Authorized by Publication Order No.5851.

Diane Rauh, City Clerk