Tuesday, September 02, 2014
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Fort Wayne Fire Codes

FIRE PREVENTION PROVISIONS

 

NOTE:  This is not an all-inclusive list as the Fort Wayne Fire Department Code Enforcement Inspectors may also cite from other codes not included below, i.e., State, etc.  Questions regarding a code should be directed to the Fort Wayne Fire Department Code Enforcement Division at calling 427.1479. 

§ 94.01 TITLE.

     This chapter and all ordinances supplementary or amendatory hereto, shall be known as the "Fire Prevention Code of the City of Fort Wayne, Indiana", may be cited as such, and will be referred to herein as the "code".

(Ord. G-28-99, passed 12-28-99)

§ 94.02  PURPOSE.

     (A)     The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises.

     (B)     To prescribe a course of action to be taken to gain compliance with the state and local codes, ordinances and regulations for fire prevention.

(Ord. G-28-99, passed 12-28-99)

§ 94.03  APPLICABILITY.

     (A)     The provisions of this code and the fire safety rules of the Indiana Fire Prevention and Building Safety Commission shall apply to existing buildings and conditions.

          (1)     Exceptions:

               (a)     Existing conditions which do not constitute a distinct hazard to life or property.

               (b)     The transportation of any articles or substances under the jurisdiction of and in compliance with the regulations prescribed by the armed forces of the United States.

     (B)     Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the city governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings specifically provided herein.  When any provision of this code is found to be in conflict with any building, zoning, safety, health, or other applicable law, ordinance or code of the city or rules of the Fire Prevention Building Safety Commission existing on the effective date of this code or hereafter adopted, except as provided for by IN 675 IAC 12, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

     (C)     The planning, design and construction of new buildings   and structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building rules of the Indiana Fire Prevention and Building Safety Commission; and any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the said building rules shall be made in accordance herewith.

     (D)     Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof, and that has been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this code pertaining to any of the following matters:

          (1)     Fire protection of structural elements;

          (2)     Exits required, except as provided for existing buildings under this code; or

          (3)     Isolation of hazardous operations and mixed uses; provided, however, that the fire chief shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, or similar systems) where they are necessary to provide safety to life.  In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the fire chief shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property.  Any orders issued by the fire chief to obtain compliance with this subsection shall be governed by the provision of IC 36-8-17-10.

(Ord. G-28-99, passed 12-28-99)

§ 94.04  ADOPTION.

     (A)     The following fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in ARTICLE 22 OF TITLE 675 of the Indiana Administrative Code are hereby incorporated by reference into this code, and shall include later amendments to that Article as the same are published in the Indiana Register or the Indiana Administrative Code with the effective dates as fixes therein: Article 22 - Fire Prevention Codes; Indiana Fire Code, including Appendices I-A, I-B, I-C.

     (B)     Copies of all above referenced fire safety rules, codes and standards shall be kept on file and open for public inspection in the office of the Fort Wayne Fire Department Code Enforcement Division.

(Ord. G-28-99, passed 12-28-99)

§ 94.05  ADMINISTRATION.

     (A)     The Chief of the Fire Department may assign such members of the Fire Department as fire inspectors as shall from time to time be necessary.  Inspectors shall be assigned to the Code Enforcement Division.

     (B)     A report of the Fire Department Code Enforcement Division shall be made annually and transmitted to the Chief executive offices of the municipality; it shall contain all proceedings under this chapter, with such statistics as the Chief of the Fire Department may wish to include therein.  The Chief of the Fire Department shall recommend any amendments to the chapter which, in his judgment, shall be desirable.

(Ord. G-28-99, passed 12-28-99)

§ 94.06  ENFORCEMENT AUTHORITY.

     (A)     It shall be the duty and responsibility of the Chief of the Fire Department, Chief of the Code Enforcement Division, or such Officer of the Department or designee which is an ex officio assistant to the State Fire Marshal under IC 36-8-17-5 to enforce the provisions of this code.  The designated enforcement officer of this code is herein referred to as the Fire Chief.

     (B)     The Code Enforcement Division shall be responsible for the enforcement of this code and regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion and from conditions hazardous to life and property in the use or occupancy of buildings or premises and their contents.

     (C)     It is the intent of the Fire Department to achieve compliance by traditional mean of inspection, violation notification, granting or reasonable time to comply and reinspection.  A citation may be used after reasonable means to gain compliance have failed or, with proper justification, at the discretion of the Fire Chief.

     (D)     The personnel regularly assigned to the Code Enforcement Division shall be commissioned as special police officers through the Board of Safety and have all rights, duties and authorities for the enforcement of this code, and state and local laws as they relate to their assignment.  Only those members of the fire department specifically designated by the Fire Chief may issue citations.

     (E)     The Chief of the Fort Wayne Police Department upon request of the Fire Chief shall assign such law enforcement officers as may be necessary to assist in the enforcement of this chapter.

(Ord. G-28-99, passed 12-28-99)

§ 94.07  INSPECTIONS.

     (A)     The Fire Chief shall cause to be inspected all structures and premises except the interiors of private single-family dwellings, and multi-family dwellings for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire fighting operations, endanger life or any violations of the provisions or intent of this Code affecting fire safety pursuant to IC 36-8-17-8.

     (B)     Whenever an inspector from any agency or department observes an apparent or actual violation of any provision of any law, ordinance of code of the city not within the inspector's authority to enforce, the inspector shall report the findings to the official having jurisdiction (i.e. Neighborhood Code, Police, Building Dept., and Board of Health).

(Ord. G-28-99, passed 12-28-99)

§ 94.08  RIGHT OF ENTRY.

     (A)     Whenever necessary for the purpose of enforcing the provisions of this code, or whenever the Fire Chief or authorized representative there exists in any structure or upon any premises, any condition which makes such structure or premises unsafe, the Fire Chief or authorized representative shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Fire Chief by this code or state regulations.

     (B)     The Fire Chief or authorized representative may be required by the owner or occupant to present proper credentials as proof of his authority.

     (C)     If such entry is refused, the Fire Chief may apply to a Court of competent jurisdiction for an order compelling such inspection, which order such court shall have authority hereunder to grant pursuant to IC 22-14-2-4.

(Ord. G-28-99, passed 12-28-99)

§ 94.09  VIOLATIONS; ORDERS TO CORRECT.

     (A)     Whenever the Fire Chief or his designee observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Chief's jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe and specifying a reasonable time for the required repairs or improvements to be made to correct such violation.  The written notice of violation of this code shall be served upon the owner, a duly authorized agent, land contract holder, or upon the occupant or other person responsible for the conditions under violation.  Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of the premises or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.

     (B)     The failure of any Code Enforcement Inspector to inspect or issue a violation notice in accordance with this section shall not constitute approval of any violation or noncompliance with this chapter.

     (C)     When, in the opinion of the Fire Chief, there is actual and potential danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gasses or materials, the Fire Chief may order immediate evacuation of said building, structure or premises.  All of the occupants so notified shall immediately leave the building, structure or premises and persons shall not enter or reenter until authorized to do so by the Fire Chief.

     (D)     Any person who shall refuse to leave, attempt to enter the building, or who interferes with the evacuation of other occupants or continues  any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall  be deemed  in violation  of  this  code  and  IC 35-44-4.

     (E)     Temporary or emergency order issued by the Fire Chief, pursuant to IC 36-8-17-9 shall first be approved, either orally or in writing by the State Fire Marshal.

(Ord. G-28-99, passed 12-28-99)

§ 94.10  ADMINISTRATIVE APPEALS.

     (A)     An owner or occupant who is aggrieved by a violation notice issued pursuant to § 94.09 of this code, may appeal the violation notice in writing to the Chief of the Code Enforcement Division within seven calendar days of the issuance of the violation notice.  The Chief of Code Enforcement shall within three working days following the receipt of the written appeal either affirm, modify or reverse the order.  The written decision shall be sent first class mail to the appellant.

     (B)     An owner or occupant may appeal the decision of the Chief of Code Enforcement.  Such an appeal shall be made in writing to the Fire Chief no later than seven calendar days following the receipt of a decision issued pursuant to division (A) above.  The Fire Chief shall within three working days following the receipt of the written appeal either affirm, modify or reverse the order.  The written decision shall be sent first class mail to the appellant.

     (C)     An order issued pursuant to § 94.09 of this code, and the matter involving a rule of the Indiana Fire Prevention and Building Safety Commission may be appealed to the Indiana Fire Prevention and Building Safety Commission pursuant to IC 4-21.5-3-7.

(Ord. G-28-99, passed 12-28-99)

§ 94.11  REMEDIES.

     (A)     If the owner, operator, or agent fails to correct a cited violation of the Indiana Fire Prevention Code or a section in this chapter, the violation shall be a Class A infraction and subject to an ordinance violation Citation Notice.  The Citation Notice may be issued, in accordance to  IC 34-28-5, by the inspection officer for each violation cited.  Each day the violation remains uncorrected shall be a separate violation and subject to a citation with penalties as listed in § 94.199.

     (B)     If the notice of violation and order is not completed within the time specified on the violation notice, and no review of such order has been initiated pursuant to § 94.10, the Fire Chief may request the City Attorney to institute for the city the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant thereto.  In addition, any such action for mandatory or injunctive relief may be joined with an action to recover the civil forfeitures provided for in § 94.199.

(Ord. G-28-99, passed 12-28-99)

§ 94.12  INVESTIGATIONS.

     (A)     The Investigation Division shall investigate fires, environmental crimes and other fire department related incidents to determine origin, cause and circumstance which involve loss of life, serious injury, or damage to property or the environment.

     (B)     The personnel regularly assigned to the Investigation Division shall be commissioned as special police officers through the Board of Safety and have all rights, duties and authorities for the enforcement of this code, and state and local laws as they relate to their assignment.

(Ord. G-28-99, passed 12-28-99)

§ 94.13  REVIEW AND FINAL INSPECTION OF SITE PLANS.

     (A)     Except as otherwise determined by the Chief of the Fire Department, the site plans submitted to the City Planning Department in support of an application for a building permit to construct any building shall be submitted to the Fire Department for review.  When any plans are submitted, the Fire Chief shall cause a review of them and determine whether any building or structure on the land to be developed is, or will by virtue of the development, become in excess of the requirements of § 94.15 for fire hydrants and fire apparatus access roads.  If, on review, it is determined either that the fire protection facilities or access   roads  are  not   required  or  that  they  are adequately provided for in the plans, the Fire Chief or his designee shall endorse his approval thereon.  If adequate provision for such facilities or roads is not made, the Fire Chief or his designee shall either disapprove the plans or indicate to the City Planning Department in writing wherein they are deficient or approve the plans subject to conditions.

     (B)     No final inspection under the municipal code as to all or any portion of the development shall be deemed completed unless and until the installation of the prescribed facilities and access ways has been completed and the final approval thereof of the Fire Department is given as provided therein.  The final inspection shall be conducted solely to implement the enforcement of the provisions of this section and shall in no manner be deemed an assurance on the part of the city that these facilities and access ways are or will continue to be in good working order.

(Ord. G-28-99, passed 12-28-99)

§ 94.14  REVIEW OF BUILDING PLANS AND CERTIFICATE OF OCCUPANCY.

     (A)     Except as otherwise determined by the Fire Chief, the plans submitted to the Building Department in support of an application for a building permit to construct any building shall also be submitted to the Fire Department for review.

     (B)     When any plans are submitted under division (A) above, the Fire Chief shall cause a review of them and determine whether such plans conform to the rules and regulations of the State of Indiana Fire Prevention and Building Safety Commission and the Fort Wayne Fire Department Ordinance, listed in this chapter.  The review process shall not be construed as an approval of any violation of the provisions of this chapter, of other ordinances of the city, or of rules and regulations of the State of Indiana Fire Prevention and Building Safety Commission.

     (C)     Certificate of Occupancy.  A Certificate of Occupancy must be obtained from the Building Department.  This certificate must be signed by both the Building Department and the Fire Department, after a final inspection of the building or structure is made.  Issuance of a Certificate of Occupancy shall not be construed as an approval of any violation of the provisions of this code or of other ordinances of the city or of rules and regulations of the State of Indiana Fire Prevention and Building Safety Commission.

(Ord. G-28-99, passed 12-28-99)

ON-SITE FIRE PROTECTION

§ 94.15  ON-SITE FIRE PROTECTION - PLANS & CONNECTIONS.

     (A)     All installation of on-site fire protection shall be in accordance to code in effect at the time of construction.  A complete set of plans and specifications for fire protection systems, including fire alarm systems, automatic sprinkler systems, standpipe systems and other special types of fire extinguishing systems and appurtenances thereto shall be submitted to the Department for review.  The installation shall be at the expense of the owner or developer.

     (B)     All Fire Department connections to sprinkler systems and stand pipes shall be a 5" storz connection with 30 degree elbow angled down.

(Ord. G-28-99, passed 12-28-99)

§ 94.16  ON-SITE FIRE PROTECTION - WATER SUPPLY.

     (A)     All Class 1 buildings (as defined in 675 IAC 12-6) or portions of Class 1 buildings hereafter constructed shall be provided with a water supply capable of providing the required fire flow for fire-fighting purposes for a minimum period of two hours.  The water supply shall be from a source as set forth in § 903.2 of the IFC (675 IAC 22).  In setting the requirements for fire flow, the Code Enforcement Chief may use the IFC (675 IAC 22) appendix III-A as a guide.

(Ord G-28-99, passed 12-28-99)

§ 94.17 ON-SITE FIRE PROTECTION - FIRE HYDRANTS.

     (A)     All private fire hydrants shall be installed and maintained as set forth in the latest edition of NFPA Standard No. 24.  In the determination of location and spacing of hydrants the IFC (675 IAC 22) appendix III-B shall be used as a guide.  The proposed location of private fire hydrants to supply the required fire flow (IFC (675 IAC 22)) shall be approved by the Fire Department.

     (B)     Whenever the provisions of this section require the installation of a fire hydrant whether on public or private property, such hydrant shall meet the standards established by the City of Fort Wayne City Utilities Water Maintenance Department to insure compatibility.

(Ord. G-28-99, passed 12-28-99)

§ 94.18  OBSTRUCTION OF FIRE FIGHTING APPLIANCES.

     No owner, occupant, manager or agent shall place or keep any post, fence, wall, trees, plants or any obstruction of any kind near any fire hydrant, fire department connection or fire protection control valve that would prevent such equipment from being immediately discernible or in any other manner to deter or hinder the fire department from gaining immediate access to said equipment.

(Ord. G-28-99, passed 12-28-99)

§ 94.19  PORTABLE FIRE EXTINGUISHERS.

     Portable fire extinguishers shall be installed and maintained in all occupancies, except one and two family dwellings, as set forth in the IFC (675 IAC 22-2.2-3) latest edition of N.F.P.A. Standard 10.

(Ord. G-28-99, passed 12-28-99)

§ 94.20  OPERATIONS AT FIRES OR OTHER EMERGENCIES.

     (A)     The Fire Chief and his authorized representatives, in charge at the scene of a fire or other emergency involving the protection of life and/or property or any part thereof, shall have the power and authority to direct such operations as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty.  In the exercise of such power, the Fire Chief may prohibit any person, vehicle, vessel or thing from approaching the scene and may remove or cause to be removed or kept away from the scene any vehicle, vessel or thing which may impede or interfere with the operations of the fire department.

     (B)     The Chief or other officer of the fire department in charge at the scene of an emergency shall have the authority to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.

     (C)     Any person who obstructs the fire department in connection with extinguishing any fire, or other emergency, or disobeys any lawful command of the Fire Chief or officer of the fire department who may be in charge at such a scene, or any part thereof, or any police officer assisting the fire department, shall be in violation hereof and subject to the penalties provided in IC 35-44-4.

(Ord. G-28-99, passed 12-28-99)

Statutory reference:

Interference with a firefighter, see IC 35-44-4

INSPECTIONS

§ 94.30  INSPECTION FEES.

     This section left blank for future development.

(Ord. G-28-99, passed 12-28-99)

FIRE LANES

§ 94.40  FIRE LANES ESTABLISHED.

     (A)     The owner, manager or agent of a retail, commercial, industrial or public building, new or existing, having privately owned public parking lots and drives devoted to public use, shall be responsible to insure that fire lanes are maintained and that there are no obstructions to the ingress and egress of fire department or other emergency vehicles and personnel for protection of persons and property.

     (B)     Fire lanes shall be of hard surface concrete or asphalt and shall be established in the driving lane closest to the building.  Temporary parallel or perpendicular parking may be permitted next to the building curb provided a fire lane is established in the driving lane adjacent to the parking area.  A fire lane must be at least 20 feet in width.

     (C)     Signs designating the fire lanes shall read, "Fire Lane No Parking" or "No Parking Fire Lane".  Said signs shall be no higher than seven feet off the ground and positioned at least every 100 feet along the curb or side of building wherein the lanes are established.  Signs shall be visible upon approach from each direction.  "Fire Lane No Parking" or "No Parking Fire Lane" shall be painted in yellow on the surface along the fire lane.  Lettering shall be no less than 12 inches in height.

(Ord. G-28-99, passed 12-28-99)

§ 94.41  OBSTRUCTION OF FIRE LANES.

     No vehicle or object, whether attended or unattended, other than an emergency vehicle on an emergency response or vehicles having written permission from the Fire Chief, shall park in or obstruct by any means a fire lane.  Said vehicle shall be deemed an obstruction and in violation and shall be subject to the same penalties provided for such parking or otherwise obstructing fire lanes on public streets.

(Ord. G-28-99, passed 12-28-99)

§ 94.42  ENFORCEMENT PROVISIONS.

     (A)     The Fort Wayne Fire Department, Police Department or Parking Control Officers shall be charged  with  the  duty  of  enforcing  the  terms of § 94.40 by the issuance of a citation.

     (B)     Any fire fighter or police officer, upon discovering any such vehicle so parked or stopped in violation of § 94.41, may remove such vehicle or cause the same to be removed to any place where so authorized pursuant to contract, where such vehicle shall be impounded, provided said vehicle is causing a hazard or interfering with an emergency operation.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-08-01, passed 5-8-01)

§ 94.43  BUILDINGS WITHOUT FIRE LANES DECLARED NUISANCE; ABATEMENT; SUIT.

     (A)     It is declared that any building open to the public which does not have unobstructed access for fire fighting equipment constitutes a fire hazard and a public nuisance because it endangers the lives of the public.

     (B)     Upon recommendation of the Fire Chief, the Board of Safety may require the abatement of the nuisance by ordering the building closed to the public and evacuated, which order shall be enforced by the police department.

     (C)     At the request of the Board of Safety, the City Attorney may file suit in the name of the city for the abatement of the nuisance.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-08-01, passed 5-8-01)

§ 94.44  LANES TO BE KEPT OPEN AND MARKED.

     No building shall constitute a nuisance as defined in § 94.41(A) if the owner and lessee provide adequately marked fire lanes and keep them open at all times for fire fighting equipment.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-08-01, passed 5-8-01)

SMOKE DETECTORS

§ 94.60  SMOKE DETECTORS.

     Definitions.  For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     ALARM SIGNAL.  An audible signal indicating the detection of visible or invisible particles or products of combustion other than heat.

     AUTHORITY HAVING JURISDICTION.  The Fort Wayne Fire Department and the Department of Neighborhood Code of the City of Fort Wayne which have enforcement responsibility for this chapter.

     DWELLING UNIT.  Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation.

     LABELED.  Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization engaged in product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

     LISTED.  Equipment or materials included in a list published by an organization engaged in product evaluation that maintains periodic inspection of production of listed equipment or materials and whose listings state either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.

     NFPA 74.  Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MD, 02269.

     RENTAL AGENT/LEASING AGENT.  Any person, partnership or corporation, who rents, subleases, lets or otherwise grants for a consideration the right to occupy premises not owned by the occupant.  This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.

     SHALL.  Indicates a mandatory requirement.

     SLEEPING AREAS.  The area or areas of the dwelling unit in which the bedrooms (or sleeping rooms) separated by other use areas, such as kitchens or living rooms, (but not bathrooms), shall be considered sleeping areas.

     SMOKE DETECTOR.  Shall be defined as a device which senses visible or invisible particles or products of combustion and conforms to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association.  The detector shall bear a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

(Ord. G-28-99, passed 12-28-99)

§ 94.61  BASIC REQUIREMENTS.

     All dwelling units within the corporate limits of the city shall be equipped with a minimum of one functional, properly located, labeled and listed, smoke detector, or its equivalent or better, as described in National Fire Protection Association (NFPA) pamphlet 74.  Each additional story of any dwelling, including basements, cellars, and habitable attics, shall be equipped with a functional, properly located, labeled and listed, smoke detector.  Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than one full story below the upper level.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-03-02, passed 1-22-02)

§ 94.62  INSTALLATION; LOCATION.

     (A)     A minimum of one operating smoke detector, or its equivalent or better as described in the NFPA 74, shall be installed in each dwelling unit within the corporate limits of the city.

     (B)     All smoke detectors must be installed according to the manufacturer's instructions.

     (C)     The smoke detector shall be installed to protect the sleeping areas and shall be located outside of the bedrooms but in the immediate vicinity of the sleeping areas, within 15 feet of all rooms used for sleeping areas.

     (D)     The smoke detector shall be installed on the ceiling or a wall, not less than 4 inches nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the "authority having jurisdiction."  However, a smoke detector may not be recessed into a ceiling.

     (E)     All smoke detectors shall be accessible for servicing and testing.

     (F)     If a smoke detector is A.C. powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply.  The installation of A.C. powered detectors shall conform to all electrical standards adopted by the Allen County Building Department.  A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer, but if in conflict with any county electrical standard, the county electrical standard shall take precedence.

(Ord. G-28-99, passed 12-28-99; Am. Ord. G-03-02, passed 1-22-02)

§ 94.63  MAINTENANCE.

     (A)     It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for maintenance or inspection purposes.  Any smoke detector removed for repair or replacement shall be reinstalled or replaced so that it is operable and in place during normal sleeping hours.

     (B)     Rental/leased dwelling units.  Each smoke detector should be tested in accordance with manufacturer's recommendations to ensure it is in operable condition.  It shall be the responsibility of the tenant to maintain all smoke detectors provided by the owner in good working order unless said smoke detector requires A.C. power supply, then the responsibility for maintaining the smoke detector shall be the responsibility of the owner, manager, or rental agent.

     (C)     Owner-occupied dwelling living units.  Each smoke detector should be tested in accordance with manufacturer's recommendations to ensure it is in operable condition.  It shall be the responsibility of the owner-occupant to maintain all smoke detectors.

(Ord. G-28-99, passed 12-28-99)

§ 94.64  DUTY OF PROPERTY OWNER, MANAGER, OR RENTAL AGENT.

     Every owner, or the manager or rental agent of such owner of any such dwelling unit shall be responsible for the installation of operable smoke detectors.

(Ord. G-28-99, passed 12-28-99)

§ 94.65  ENFORCEMENT OF PROVISIONS.

     The Fort Wayne Fire Department and the Department of Neighborhood Code Enforcement shall be charged with the duty of enforcing the terms of §§ 94.60 - 94.65.

(Ord. G-28-99, passed 12-28-99)

BURNING REGULATIONS

§ 94.70  OPEN BURNING.

     (A)     This section shall further define Article 11 Chapter 1102 of the Fire Prevention Code as published by the Indiana Fire Prevention and Building Safety Commission.

     BARBECUE PIT OR GRILL.  A stationary or portable device, with either electric, gas or charcoal fuel, used for the preparation of food.

     HAZARDOUS CONDITION.  A situation where the Fire Department Officer in charge determines that the fire may be capable of spreading or damaging other property or that the smoke emissions may be offensive to occupants of surrounding property.

     OPEN BURNING OR OPEN FIRE.  Any burning of combustible materials out of doors.  Excluded is burning in a barbecue pit or grill where the base fuel for heat is charcoal products.

     RECREATIONAL OR CAMP FIRE.  The burning of wood products other than refuse where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit.  A RECREATIONAL OR CAMP FIRE  shall have a total fuel area no greater than 36 inches in diameter and a fuel load not to exceed two feet in height.

     REFUSE.  Garbage, rubbish, paper, leaves, grass, trade waste, trash, plastic or other waste products.

     SMOKE NUISANCE.  Smoke emissions may be deemed a nuisance when a complaint is received that the smoke emissions are offensive to the complaining party.

     WOOD PRODUCTS.  Untreated and unpainted lumber or natural wood other than leaves and vines.

(Ord. G-28-99, passed 12-28-99)

§ 94.71  BURNING PROHIBITED.

     (A)     No person or business shall kindle or maintain any open burning consisting of a trash fire, leaf fire, bonfire, refuse fire, or other open burning.

          (1)     Exemptions.  The following types of fire may be allowed:

               (a)     Bonfires celebrating school pep rallies.

               (b)     Recreational camp fires for scouting or family cookout activities.

          (2)     All exemptions shall be subject to the following:

               (a)     A garden hose connected to a water supply, buckets, shovel, fire extinguisher or other approved fire-extinguishing equipment shall be readily available at the burn site.

               (b)     A Burn Permit shall be obtained from the Fire Department at least 24 hours in advance of the permitted open burning.  The burn permit signed by the Fire Chief or his designee shall be on site at the time of the permitted fire.  Notwithstanding the foregoing, persons planning on or desiring to undertake recreational campfires for scouting or family cookout activities as set forth in § 94.71(A)(1)(b) above shall not be required to obtain a burn permit for such activities.

               (c)     Only wood products shall be burned - no leaves, paper or trash.

               (d)     A fire shall be attended by a responsible party as listed on the burn permit at all times until completely extinguished.

               (e)     If open burning creates a smoke nuisance, or a hazardous condition exists, the open burning shall be immediately extinguished.

               (f)     A fire shall be located at least 25 feet away from any structure, fence or right of way.

     (B)     Any person who recklessly, knowingly or intentionally kindles, or maintains any open burning consisting of a trash fire, leaf fire, bonfire, refuse fire, or other open burning that damages property of another person or spreads to property of another person may be liable for criminal mischief.

     (C)     Burning other than mentioned in this article may be permitted provided a variance pursuant to 326 IAC 4-1-1 has been approved and received from the Indiana Department of Environmental Management.  Burning must meet the restrictions of the variance.  The variance must be registered with the Fire Department and on the burn site for verification.

     (D)     Penalties for violations of this chapter do not preclude the Department of Environmental Management from seeking legal action for violations of 326 IAC 4-1.

     (E)     Liability for fire.  Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire may not refute liability for violation of this chapter on the basis that said fire was set by vandals, accidental or an act of God.

(Ord. G-28-99, passed 12-28-99)

§ 94.72  ENFORCEMENT OF PROVISIONS.

     The Fire Department, Police Department and the Department of Neighborhood Code Enforcement shall be charged with the duty of enforcing the terms of § 94.71.

(Ord. G-28-99, passed 12-28-99)

INDOOR TIRE STORAGE

§ 94.80  INDOOR TIRE STORAGE PERMIT.

     (A)     The provisions of this section concerning tire storage apply to all structures where an excess of 100 tires, new, used or waste, are stored inside a structure.

     (B)     The owner, occupant or representative of the business or structure where an excess of 100 tires are stored shall obtain an information permit issued by the Fort Wayne Fire Department for the storage of tires inside a structure.  The permit must be made available upon request of a Fire Department official.

     (C)     The owner, occupant or representative of the business must submit the following information:

          (1)     Name of the business;

          (2)     Name, date of birth, and social security number of business owner;

          (3)     Address where the tires are stored;

          (4)     Estimated maximum number of tires stored at the site;

          (5)     Name, date of birth, and social security number of the person responsible for the tires;

          (6)     Address and phone number of person responsible for the tires; and

          (7)     A statement of acknowledgment, with the structure owner's signature, that the structure owner is aware that tires are being stored inside the structure.

(Ord. G-28-99, passed 12-28-99)

§ 94.81  ENFORCEMENT OF PROVISIONS.

     The Fire Department shall be charged with the duty of enforcing the terms of § 94.80.

(Ord. G-28-99, passed 12-28-99)

TEMPORARY PROPANE TANK STORAGE

§ 94.90  TEMPORARY PROPANE TANK STORAGE PERMIT.

     (A)     The provisions of this section apply to all businesses where temporary propane tanks are used for the purpose of heating roofing materials at a job site.

     (B)     The owner, occupant or representative of the roofing business where temporary propane tanks are used for the purpose of heating roofing materials at a job site shall obtain an information permit issued by the Fort Wayne Fire Department Code Enforcement Division for the temporary storage of propane tanks near a structure.  The permit must be made available upon request of a Fire Department official.

     (C)     The owner, occupant or representative of the business must submit the following information for each job site having temporary propane storage:

          (1)     Name, address and phone number of the roofing company using the propane;

          (2)     Name and phone number of emergency contact person for the roofing company;

          (3)     Business name and address where propane tanks will be temporarily stored; and

          (4)     Estimated number of days propane will be on-site.

(Ord. G-28-99, passed 12-28-99)

§ 94.91  ENFORCEMENT OF PROVISIONS.

     The Fire Department shall be charged with the duty of enforcing the terms of § 94.90.

(Ord. G-28-99, passed 12-28-99)

FIREWORKS & PYROTECHNICS

§ 94.100  FIREWORKS & PYROTECHNICS PERMITS.

     (A)     The owner, occupant, or agent of an organization, business or group that uses any type of fireworks or pyrotechnic special effects materials used in motion pictures, television, and theatrical and group entertainment productions, either indoors or outdoors, shall obtain an information permit issued by the Fort Wayne Fire Department Code Enforcement Division seven calendar days prior to the use of the pyrotechnical devices.  This permit shall be in addition to any other permits required by federal or state agencies.  The permit must be made available upon request of a Fire Department official.

     (B)     The storage, use and handling of fireworks and pyrotechnics special effects shall be in accordance with IFC (675 IAC 22), Article 78 and IC 22-11-14, and current edition of NFPA standards for fireworks.

     (C)     The Fort Wayne Fire Department Pyrotechnics Permit must be signed by the Fire Chief or his designee and contain the following information to be valid:

          (1)     Name, address and phone number of the pyrotechnic company doing the production or display;

          (2)     Name and qualifications of the pyrotechnic operator doing the production or display;

          (3)     Contact name, address and phone for whom the production or display is being performed;

          (4)     A detailed location where the display shall take place;

          (5)     Date and time of the display;

          (6)     Estimated number of pyrotechnical devices to be used and length of show; and

          (7)     A copy of a certificate of insurance conditioned for damages and/or injury to persons or property in the amount of not less than $100,000 shall be attached to the permit.

(Ord. G-28-99, passed 12-28-99)

§ 94.101  ENFORCEMENT OF PROVISIONS.

     The Fire Department shall be charged with the duty of enforcing the terms of § 94.100.

(Ord. G-28-99, passed 12-28-99)

PENALTIES, SEVERABILITY, AUTHORITY

§ 94.199  PENALTIES.

     (A)     If any person, firm or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief, or shall fail, neglect or refuse to obey any lawful order given by the Fire Chief, in connection with the provisions of this code, for each such violation, failure or refusal, such person, firm or corporation shall be liable to the city for a civil forfeiture in a sum not less than $20.00, not more than $2,500.00.  Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.  In all cases where the same offense may be made punishable, or may be created by different clauses  or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.

     (B)     There is hereby established the following citation schedule of penalties for violations of the provisions of the City of Fort Wayne Fire Prevention Code. Penalties shall be paid to the Fort Wayne Ordinance Violations Bureau who shall deposit the funds in the Fire Fund of the Fort Wayne Fire Department.

          (1)     If the owner, operator, or agent fails to correct a cited violation of the Indiana Fire Prevention Code as adopted in § 94.04, the penalty shall be $50 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or agent after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.

          (2)     If the owner, occupant, manager or other agent obstructs a fire hydrant, fire department connection, or fire protection control valve they are in violation of § 94.18 and the penalty shall be $50.  Notice of violation shall be left with the owner, occupant, manager or other agent in charge.  If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown the penalty shall be $75.

          (3)     If the owner, occupant, manager or other agent fails to install or maintain portable fire extinguishers as required they are in violation of § 94.19, the  penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge.  If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown the penalty shall be $75.

          (4)     If the owner, operator, manager or agent of a commercial, industrial, or public building fails to establish and maintain open fire lanes, said owner, operator, manager, or agent shall be in violation of § 94.40.  The penalty shall be $50.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to the notice issued after 30 calendar days from the date and time shown on said notice the penalty shall be $75.

          (5)     If a vehicle with or without a licensed driver is parked or obstructs a fire lane in violation of § 94.056, the penalty shall be $50.  If the violator does not appear in response to a notice affixed to such vehicle within a period of 30 calendar days from the date and time shown on said notice, the penalty shall be $75.

          (6)     Any person, firm or corporation violating provisions of §§ 94.60 through 94.64, or who shall fail to comply with an order as affirmed or modified by the authority having jurisdiction, shall be subject to a fine of $50.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  The violation and penalty as described in §§ 94.60 through 94.65 shall not be subject to any other fine or penalty within this chapter.

          (7)     Any person who maintains burning of combustible materials out of doors or open burning not permitted in § 94.70 shall be in violation of § 94.70.  The penalty shall be $50.  If the violator does not appear in response to a notice issued to them or placed in a noticeable location at the place of residence, business, or burn site within a period of 30 calendar days from date and time shown on said notice, the penalty shall be $75.

          (8)     If the owner, operator, or representative fails to obtain a Tire Storage Permit as required in § 94.80, the penalty shall be $50 for each violation cited.  Each day such violation is permitted to continue may be deemed to constitute a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.

          (9)     If the owner, operator, or representative fails to obtain a Temporary Propane Tank Storage Permit as required in § 94.90, the penalty shall be $50 for each violation cited.  Each day such violation is permitted  to  continue  may  be  deemed  a  separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.

          (10)     If the owner, operator, or representative fails to obtain a Fireworks and Pyrotechnics Permit as required in § 94.100, the penalty shall be $50 for each violation cited.  Each day such a violation is permitted to continue may be deemed a separate offense.  If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.

(Ord. G-28-99, passed 12-28-99)

§ 94.200  SEVERABILITY.

     The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other part of this chapter.

(Ord. G-28-99, passed 12-28-99)

§ 94.201  AUTHORITY.

     Nothing contained in this chapter is intended to grant any power to any local government unit, agency, department or commission, or to regulate any activity, which grant of power or regulation of activity is not authorized or permitted by state law.

(Ord. G-28-99, passed 12-28-99)

CONSUMER FIREWORKS

§ 96.20  USE OF CONSUMER FIREWORKS.

     No person within the corporate boundaries of the city shall use, ignite or discharge or permit to be used, ignited or discharged any type of consumer fireworks on any other day or time other than the following:

     (A)     June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, July 9 between the hours of 5:00 p.m. to two hours after sunset;

     (B)     Day before Memorial Day, Memorial Day, July 4, day before Labor Day and Labor Day between the hours of 10:00 a.m. and 12:00 midnight;

     (C)     Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1;

     (D)     No other date or time is permitted for use of consumer fireworks.

(Ord. G-15-07, passed 6-12-07)

§ 96.30 ENFORCEMENT.

     The Fort Wayne Fire Department and the Fort Wayne Police Department shall be charged with enforcing the provisions of § 96.20.

(Ord. G-15-07, passed 6-12-07)

§ 96.99  PENALTY.

     Whoever violates any provisions of this chapter, upon conviction thereof, shall be fined not less than $150 nor more than $500 for each offense.  Each day any violation shall continue shall constitute a separate offense.

(Ord. G-21-93, passed 6-8-93)

PRIVATE EMERGENCY ALARM SYSTEMS

 

§ 102.01  DEFINITIONS.

     ALARM AGENT.  Any person who is employed by an alarm company either directly or indirectly, whose duties include selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure, facility or grounds any alarm system.

     ALARM COMPANY.  Any person or entity whether an individual, partnership, corporation, or other entity selling, leasing, maintaining, servicing, repairing, altering, replacing, removing, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, removed, or installed any alarm system in or any building, structure or facility.

     ALARM SYSTEM.

          (1)     An assembly of equipment and devices arranged to signal the presence of a hazard requiring attention and to which Police or Fire Department personnel are expected to respond. Alarm systems include those through which public safety personnel are notified directly of such signals through automatic recording devices or are notified indirectly by way of third persons who monitor the alarm systems and who report such signals to the Communications Department. Alarm systems also include those designed to register a signal which is audible, visible or in other ways perceptible outside a protected building, structure or facility as to notify persons in the neighborhood beyond the zoning lot where the signal is located who in turn may notify the appropriate emergency provider of the signal.   Alarm systems do not include auxiliary devices installed by telephone companies to protect telephone equipment or systems which might be damaged or disrupted by the use of an alarm system. Alarm system shall include the terms "automatic" or "manual hold up alarm system," "burglar alarm systems,""security alarm systems," and "automatic" or "manual fire alarm systems."

          (2)     Alarm system does not include audible alarms fixed to automobiles or other vehicles; or smoke detectors for dwellings which are not connected to a monitoring agency.

     ALARM USER.  Any person, firm, partnership, association, corporation, company, or other entity or organization of any kind having ownership or control (as a tenant, owner or otherwise) of any dwelling or commercial building, structure, or facility where an alarm system is maintained or activated.

     AUDIBLE ALARM.  A device designed for the detection of a condition that would result in a public safety response on the premises, which generates an audible sound on the premises when it is activated.

     AUTOMATIC TELEPHONE DIALING DEVICE.  A device which is interconnected to an alarm system which automatically sends a pre-recorded message or coded signal to a law enforcement agency indicating the activation of the alarm system or a device which is interconnected to telephone lines and is programmed to select a pre-determined number and transmit by voice message or code signal and emergency message indicating a need for emergency response.

     COMMERCIAL BUILDING.  A commercial building is any building or portion thereof which is not a one, two, three, or multi-family dwelling.

     CONTROLLER.  The Controller of the City of Fort Wayne whose address for the purposes of this chapter shall be Civil City Accounting Room 420, One East Main Street, Fort Wayne, IN 46802 and whose phone number for the purposes of obtaining information concerning this chapter shall be (219) 427-1104.

     DWELLING.  A building or portion therefore used primarily as a place of abode for one or more human beings, but not including hotels, lodging or boarding houses or tourist homes.

     DWELLING - MULTI-FAMILY.  A building or portion thereof used for occupancy by four or more families living independently of each other.

     DWELLING - ONE FAMILY.  A building used for occupancy by one family.

     DWELLING - THREE FAMILY.  A building used for occupancy by three families living independently of each other.

     DWELLING - TWO FAMILY.  A building used for occupancy by two families living independently of each other.

     DWELLING UNIT.  A dwelling or a portion of a dwelling or of an apartment or hotel used by one family for cooking, living, and sleeping purposes.

     EXEMPTED FACILITY OR ENTITY.  The following facilities or entities shall be exempted from the payment of penalties for false alarms as designated in this section:

          (1)     Long term care facility as defined in IC 12-7-2-125.5;

          (2)     Nursing facilities as defined in IC 12-7-2-133;

          (3)     Private psychiatric institutions as defined in IC 12-7-2-145 and IC 12-15-18-3;

          (4)     Psychiatric hospitals as defined in IC 12-7-2-151; and

          (5)     Facilities owned, or leased by the city and under the control and operated by the Parks and Recreation Department. Nothing in this exemption is intended nor should it be implied that any of the aforementioned entities are exempt from the registration and licensing requirement as subsequently prescribed herein.

     FALSE ALARM.  The activation of an alarm system through mechanical failure, malfunction, improper installation, or as a result of the negligence, misuse or misconduct of an alarm user or alarm company of an alarm system or of the agents, employees or representatives of an alarm user or alarm company. This does not include alarms caused by severe weather, natural or manmade disaster, power or telephone service outages, authorized alarm testing, for which prior notification to the Communications Center has been made or malicious acts of person or persons not under the direct control of the owner, lessee, or his employees or agents.

     LICENSE.  An authorization of the City of Fort Wayne to allow an alarm company to install or maintain an alarm system within the City of Fort Wayne which is commercially monitored or which is electronically connected to the Communications Center of the City of Fort Wayne or an alarm system which when activated would result in a Police or Fire Department response.

     LOCAL ALARM SYSTEM.  A signal system which when activated causes an audible and/or visible signaling device to be activated only in or on the premises in which the alarm system is installed, operated or maintained.

     MONITORED ALARM SYSTEM.  An alarm system using a digital alarm communication system or supervised dedicated circuits transmit alarm, supervisory and trouble signals from one or more protected premises to a remote location at which appropriate action is taken.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-14-01, passed 10-9-01; Am. Ord. G-07-02, passed 3-26-02; Am. Ord. G-09-02, passed 4-9-02)

§ 102.02  REGISTRATION; LICENSES.

     (A)     Alarm user's registration.  All alarm users, within 30 days of the installation of an alarm system for all multi-family dwellings and commercial buildings where alarm systems are installed shall register with the Controller any such alarm system according to the provisions set out herein. Said initial registration shall be completed as more specifically set out in § 102.02(A)(3).

          (1)     The registration shall be on a form prescribed by the Controller and shall include the following information:

               (a)     Name, telephone number, and address of the alarm user, including the name of an individual with authority to bind the alarm user and who has information pertinent to the alarm system.

               (b)     Address and telephone number at which the alarm system is located, including the name of an individual with authority to bind the alarm user and who has information pertinent to the alarm system.

               (c)     Alarm systems service (police, fire, other).

               (d)     Alarm system type (commercial monitoring, audible, silent, direct connection, other).

               (e)     Names, addresses and telephone numbers of at least two people who shall be contacted and who shall respond in the event of an alarm activation.

               (f)     The name, address and telephone number of the alarm company.

               (g)     Any other additional information requested on registration forms provided by the Controller.

          (2)     Registrations by alarm users must be completed for each individual structure where an alarm system is in operation in a multi-family dwelling, or a commercial building. Registration shall be completed by alarm users for each individual business within a single structure where an alarm system is installed and in operation.

          (3)     There shall be no registration fee for alarm users otherwise required to register an alarm system except as noted herein. Upon the occurrence of a third false alarm for a particular alarm system within the same calendar year, the alarm user will be required to pay a $50 registration fee to the Controller' Office. This registration fee shall be in addition to the penalty for failure to register as designated in § 102.02(A)(7) of this chapter.

          (4)     The Controller shall send a copy of the registration form to the Ordinance Violations Bureau and the Director of Communications, for the City of Fort Wayne (hereinafter "Director of Communications").

          (5)     It is a violation of this chapter for any alarm user who is otherwise required to register an alarm system, to knowingly maintain or use an alarm system without completing and submitting the registration form and the registration fee as required in this chapter.

          (6)     An alarm user is required to notify the Controller of a change of registration information within 30 days of the time when the change of information has occurred.

          (7)     Penalty for violation of this section: An alarm user or other person or entity violating any provision of this section (§ 102.02(A)) shall be subject to a fine of not less than $50 nor more than the maximum fine allowed by law. If said violation is failure to register pursuant to this section, then said violator shall be fined for each 12 month period in which   they   fail  to  register  unless   registration   is completed within ten days after receiving notification of the failure to register by the Controller, provided that prior notification has not been given.

          (8)     Registration completed pursuant to this article shall be personal to the alarm user who completes registration for a specific location and is not transferable.

          (9)     Any fees collected as a result of registration or licensing or as a result of penalties for violation of this section (§ 102.02(A)) shall be deposited into the General Fund of the City of Fort Wayne.

     (B)     Alarm company - licenses.

          (1)     All alarm companies shall obtain from the Controller a license which authorizes the alarm company to install alarm systems.

          (2)     The initial registration fee for a License shall be $250 and shall be valid for one year. There shall be an annual renewal fee for the License of $100. The annual renewal date and the date upon which the annual renewal fee is due shall be July 1 of each year regardless of when the alarm company originally registered. By June 1, the Controller's Office shall send a letter to all alarm companies notifying them that the renewal fee is due. The original license fee and renewal license fee being charged shall be used in part to help defray expenses for mailings, notices, registrations forms and other costs associated with the administration of the licensing. Payment of all License fees and renewals shall be submitted to the Controller be made payable to the City of Fort Wayne and be deposited into the General Fund of the City of Fort Wayne.

          (3)     Application for license.  All applications for a License required by this Article shall be made on forms designated by the Controller and shall include the following information:

               (a)     The full name and address of the alarm company.

               (b)     The full name, business address and home address of the manager or person to be contacted at the alarm company.

               (c)     A telephone number at which the Fort Wayne Police Department or Fort Wayne Fire Department or Allen County Sheriff's Department can notify personnel of the alarm company of a need for assistance at any time.

               (d)     The names and addresses of all alarm agents employed by the alarm company.

     An alarm company shall promptly notify the controller in writing of any change in the information contained in the registration form.

          (4)     It is a violation of this chapter for any alarm company who is otherwise required to obtain a license, to knowingly install an alarm system without obtaining such a license.

          (5)     Penalty for violation of this section: An alarm company or other person or entity violating this section (§ 102.02(B)) shall be guilty of an infraction and subject to a minimum fine of $200 for each offense and up to the maximum fine allowed by law.

          (6)     An alarm company's license shall be personal to the company holding the license and is not transferable.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.03  ISSUANCE OF PERMITS; LICENSES.

     (A)     The Controller shall issue to an alarm user who duly submits a registration form a permit or other document evidencing that registration has been completed. The Controller shall further issue to an alarm company a license upon the submission of an application and the appropriate fee in accordance with this chapter. Upon the payment of the annual renewal fee for renewal of a license the Controller shall further issue a renewal license or other document evidencing that the annual license fee has been duly and timely paid by the alarm company. The Controller shall be entitled to withhold the issuance of a permit to an alarm user or a license to an alarm company if the Controller finds or believes that any statement made in a registration or an application is incomplete or false.

     (B)     Immediately after receipt of a registration form duly completed from an alarm user or an application for license duly completed from an alarm company  and payment of any fee required, and  upon the receipt of renewal fees (when required) and notices of change of information regarding registration or licenses, the Controller shall forward the registration or application to the Director of Communications for the City of Fort Wayne and the Ordinance Violations Bureau. All information on such registration or application shall be protected as confidential information; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate law enforcement purposes and for enforcement of this chapter.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.04  AUTOMATIC TELEPHONE DIAL DEVICES PROHIBITED.

     (A)     It shall be unlawful or any alarm company or other person or entity to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an alarm system containing an automatic telephone dialing device over any telephone lines exclusively used by the public directly to request emergency service from the Fort Wayne Police Department, the Fort Wayne Fire Department, or the Communications Department of the City of Fort Wayne.

     (B)     The Fort Wayne Police Chief the Fort Wayne Fire Chief or the Chief of Communications, or their respective designees, upon receiving knowledge of an alarm system containing an automatic telephone dialing system installed or operated in violation of this section shall order in writing the owner, operator or lessee to disconnect and cease operation of such alarm system within 72 hours of receipt of the order.

     (C)     Any alarm system containing an automatic telephone dialing device installed prior to the effective date of this chapter shall be removed within 30 days of the effective date of this chapter.

     (D)     Penalty for violation of this chapter:  Any alarm user, alarm company or other person or entity violating this section shall be guilty of an infraction and subject to a minimum fine of $200 for each offense and up to the maximum fine allowed by law. Said fine or penalty when collected shall be deposited into the general fund of the City of Fort Wayne.

     (E)     Notwithstanding the foregoing, nothing in this section is intended to prohibit the direct connection between the local banking institutions and the Fort Wayne Communications Department up to and including July 31, 1998, however, after July 31, 1998, the City of Fort Wayne will no longer monitor alarm systems for banking institutions and therefore automatic telephone dialing devices or any device being used by banking institutions to connect directly to the Fort Wayne Communications Department or any City of Fort Wayne Department shall be prohibited.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.05  AUDIBLE ALARM.

     (A)     All alarm users, alarm companies or other persons or entities who install or maintain any alarm system with an audible alarm (except such system on a vehicle) shall conspicuously affix on the exterior of the protected building or structures:

          (1)     The name and telephone number of the alarm user or such other person or entity responsible for the control of the premises if it is a local alarm system, or

          (2)     The name and phone number of the alarm company if it is a monitored alarm system.

     (B)     All alarm users, alarm companies or any other persons or entities who install or maintain any alarm system with an audible alarm shall install and/or maintain said alarm system in such a way that it automatically discontinues emitting an audible sound within 15 minutes after activation of the alarm and which will prevent the alarm from sounding again as a result of the same event that caused the original activation.

     (C)     When manual fire alarm signaling devices are installed and are not directly connected to the Fort Wayne Fire Department or monitored by a 24 hour security service, a permanent sign shall be installed at each actuating device. These signs shall read as follows:

          IN CASE OF FIRE

          1.     Pull this alarm

          2.     Telephone the Fire Department 9-1-1

     (D)     Penalty for violation of this section:  All alarm users, alarm companies or other persons or entities violating this section shall be subject to a fine of $50 for each action or omission which constitutes a violation of this section.  Said fine or penalty when collected shall be deposited into the general fund of the City of Fort Wayne.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.06  VALIDITY OF ALARMS.

     (A)     Whenever an alarm system is activated in the City of Fort Wayne which results in a response to the premises by the Police or Fire Department, the officer on the scene of the activated alarm system shall inspect the area protected by the alarm system and shall determine whether a public safety response was required or if it was a false alarm.

     (B)     If the officer at the scene of the activated alarm system determines the alarm to be false, the officer shall make a report of the false alarm, notice of which shall be sent To the alarm user at the address of the alarm user, or at least the last known address of the alarm user, if different from the premises address, or to the address and the attention of the person or entity designated by the alarm user as its agent for notification.  A copy of the report shall be sent to the Ordinance Violations Bureau who shall track the number of false alarms.

     (C)     The Police Chief or the Fire Chief of the City of Fort Wayne, or his designee, shall have the right to inspect the premises to which a response has been made and may cause such inspection to be made at any reasonable time after the occurrence of a false alarm.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.07  FALSE ALARM PENALTIES AND ENFORCEMENT.

     (A)     Whenever an alarm user issues, causes to be issued, or permits the issuance of a false alarm, this section shall apply; provided, however, this section shall not apply to a mentally incapacitated person utilizing alarm systems in a dwelling or dwelling unit.

     (B)     An alarm user shall be assessed a $50 penalty for each false alarm recorded within any calendar year by the Ordinance Violations Bureau after the occurrence of the second false alarm requiring Police Department response. Said $50 penalty shall be paid by the alarm user to the City of Fort Wayne Ordinance Violation Bureau who shall deposit the funds in the General Fund of the Fort Wayne Police Department.

     (C)     An alarm user shall be assessed a $50 penalty for each false alarm recorded within any calendar year by the Ordinance Violations Bureau after the occurrence of the second false alarm requiring City of Fort Wayne Fire Department response.  Said $50 penalty shall be paid by the alarm user to the City of Fort Wayne Ordinance Violation Bureau who shall deposit the funds in the General Fund of the Fort Wayne Fire Department.

     (D)     Any alarm user required to register and who fails to register or otherwise comply with § 102.02 of this chapter and who causes to be issued, or permits the issuance of a false alarm shall be assessed a $50 penalty for each false alarm recorded by the Ordinance Violations Bureau. If said fine is not paid within 30 days of its due date, then in addition to said penalty there will be a late fee of $25. Any penalties and any late fees due under this section shall be paid by The alarm user to the City of Fort Wayne Ordinance Violations Bureau who shall deposit the funds in the General Fund of the Fort Wayne Police Department or the Fort Wayne Fire Department depending on which department responded to the false alarm.

     (E)     Enforcing Authority.  The authority for enforcing this chapter shall be with the Fort Wayne Police Department, Fort Wayne Fire Department, the Controller and the Ordinance Violation Bureau.

     (F)     Any alarm company, alarm user, or any other individual or company affected by and subject to a fine under this chapter shall have the right to appeal the fines and penalties which right to appeal shall be governed by and handled in accordance with the procedures established by the Ordinance Violations Bureau.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)

§ 102.08  EFFECTIVE DATE.

     (A)     The effective date of this chapter shall be the later of November 1, 1997, or the date of its passage, any and all necessary approval by the Mayor of the City of Fort Wayne, and any publication or other notices required under Indiana law.

     (B)     All alarm users required to register under this chapter who have alarm systems installed on or before the effective date of this chapter, shall register pursuant to § 102.02 of this chapter not later than February 1, 1998. All alarm users required to register under this chapter and installing and activating alarm systems on or after the effective date of this chapter, shall be required to register pursuant to this chapter within the time parameters specified herein.

     (C)     All alarm companies required to obtain licenses under this chapter shall obtain said License on the later of November 1, 1997, or 60 days after the effective date of this chapter to obtain its License.

(Ord. G-09-97, passed 8-23-97; Am. Ord. G-07-02, passed 3-26-02)