CHAPTER 2-7 FIRE PROTECTION AND PREVENTION. (Ordinance of ; Amended 9/7/95, 10/16/97, 9/23/99, 08/02//07, 12/17/15, 11/17/16)

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1 CHAPTER 2-7 FIRE PROTECTION AND PREVENTION (Ordinance of ; Amended 9/7/95, 10/16/97, 9/23/99, 08/02//07, 12/17/15, 11/17/16) Adoption of Fire Prevention Code. There is hereby adopted by the Commissioners for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion those certain codes known as the N.F.P.A. NATIONAL LIFE SAFETY CODE NO. 101, RECOMMENDED by the National Board of Fire Underwriters, being particularly the 2012 edition thereof and the INTERNATIONAL FIRE CODE, 2012 EDITION WITH GEORGIA AMENDMENTS and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended are hereby adopted and incorporated as fully as if set out in length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of "GLYNN COUNTY FIRE DISTRICT" as established by the Commissioners. For purposes of this Ordinance, these codes shall be known collectively as the Fire Prevention Code. One (1) copy of the Fire Prevention Code shall be kept on file in the Office of the Glynn County Fire Marshal. When any provision of the Fire Prevention Code is amended and such amendment is adopted by the State of Georgia, that amendment shall be automatically adopted by Glynn County excepting only those portions specifically deleted, modified or amended by the Glynn County Board of Commissioners Establishment of Duties the Fire Marshal Definitions. a. The Fire Prevention Code shall be enforced by the Glynn County Fire Marshal which shall be operated under the supervision of the Chief of the Fire Department for Glynn County. b. The Glynn County Fire Chief shall be responsible for and in charge of the operations and records of the Office of the Fire Marshal. c. The Fire Chief shall designate a member of the Fire Department as the Fire Marshal. The Fire Chief shall recommend to the Commissioners the employment of technical inspectors, who, when such authorization is made, shall be selected on the basis of qualifications determined by the Fire Chief. Such technical inspector or inspectors shall serve at the pleasure of the Fire Chief. a. Acquired structure burn is the burning of a house, building or structure for the exclusive purpose of providing training to fire-

2 fighting personnel or arson investigators. b. The terms fire protection sprinkler system, fire protection sprinkler contractor, fire protection sprinkler designer, and fire protection sprinkler inspector shall have the meanings specified in O.C.G.A , as amended. c. The term fire suppression system shall have the meaning specified in O.C.G.A , as amended. d. Wherever the word "municipality" is used in the International Fire Code it shall be held to mean Glynn County, a political subdivision of the State of Georgia. e. The terms alarm system, low-voltage contractor, and lowvoltage contracting shall have the meanings specified in O.C.G.A , as amended. f. Fire extinguisher means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire. The device must be listed by a nationally recognized testing laboratory. The device must bear a manufacturer's name and serial number. The listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instruction plate or on a separate plate of the testing laboratory soldered or attached to the extinguisher shell in a permanent manner set forth by the listing or approving organization. g. Prescribed burning and slash burning means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives as specified in paragraphs (3), (4), and (7) of the Georgia Prescribed Burning Act or to mitigate catastrophic wildfires. Burning to facilitate land use changes (such as a change from forest land to residential, commercial, or industrial development or a different agricultural use) is not considered prescribed burning or slash burning, and is therefore considered a land-clearing operation Storage Tanks. The storage of flammable liquids in outdoor, above-ground tanks, the operation of new bulk plants for flammable liquids and the storage of

3 explosives and blasting agents are prohibited in all areas designated as commercial or residential by Glynn County Zoning Ordinances and/or related zoning maps or in any areas in which the above-described uses are expressly prohibited by Glynn County Zoning Ordinances or related zoning maps. The storage of liquefied petroleum gases is to be restricted to two hundred fifty (250) gallons in residential and to five hundred (500) gallons in commercially zoned areas and shall be in accordance with N.F.P.A Modification Appeals. The Fire Marshal, with the advice and consent of the Chief of the Fire Chief shall have power to modify any of the provisions of the Fire Prevention Code, upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code. Provided, however, that the spirit of the Fire Prevention Code shall be observed, public safety secured, and substantial justice done. Whenever the Fire Marshal shall disapprove an application for modification filed in accordance with the foregoing section, or refuses to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Fire Chief within fifteen (15) days from the date of the decision upon which the appeal is based. The applicant may appeal the decision of the Fire Chief to the Glynn County Board of Commissioners within thirty (30) days of the date of the decision of the Fire Chief. The decision of the Commissioners is final insofar as administrative remedies of applicant are concerned. Applicant is not precluded from pursuing such other remedies as may be available under Georgia law New materials, processes, or occupancies which may require permits. The County Manager and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits in addition to those enumerated in said Code. The Chief of the Fire Department shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.

4 2-7-8 Penalties. a. Any person who shall violate any of the provisions of the Fire Prevention Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted or approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by the Commissioners within the time fixed herein shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, be punished as for a misdemeanor under Georgia Laws with sixty (60) days in jail and/or a thousand dollar ($1,000.00) fine for each County Ordinance violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions Open Burning a. No person shall cause, suffer, allow, or permit open burning in any area of Glynn County to include tires or other rubber products, plastics, heavy oils or asphaltic based or impregnated materials, with the following exceptions: (1) Reduction of leaves on the premises on which they fall by the person in control of the premises unless prohibited by local, state or federal law. Any such open burning shall occur at least 25 feet away from any structure or building. (2) Carrying out recognized agricultural procedures necessary for the production or harvesting of crops. (3) The burning of any forest land by the owners of such land, or their designee. (4) For recreational purposes or cooking food for immediate human consumption.

5 (5) Fires set for the purposes of training fire-fighting personnel when authorized by the appropriate governmental agency. (6) Acquired structure burns provided that an Authorization to Burn certificate has been issued by the Georgia Department of Natural Resources, Environmental Protection Division. (7) Disposal of vegetative debris from storm damage. (8) For weed abatement, disease, and pest prevention. (9) Operation of devices using open flames such as tar kettles, blow torches, welding torches, portable heaters and other flame-making equipment. (10) Disposal of all packing materials previously containing explosives, in accordance with U.S. Department of Labor Safety Regulations. (11) Open burning of vegetative material for the purpose of land clearing using an air curtain destructor provided the following conditions are met: (i) Authorization for such open burning is received from the Fire Marshal prior to initiation of any open burning at such location; (ii) The location of the air curtain destructor is at least 300 feet from any occupied structure or public road. Air curtain destructors used solely for utility line clearing or road clearing may be located at a lesser distance upon approval by the Fire Marshal; (iii) No more than one air curtain destructor is operated within a ten (10) acre area at one time or there must be at least 1000 feet between any two air curtain destructors; (iv) Only wood waste consisting of trees, logs, large brush and stumps which are relatively free of soil are burned in the air curtain destructor; (v) Tires or other rubber products, plastics, heavy oils or asphaltic based or impregnated materials are not used to start or maintain the operation of the air curtain destructor;

6 (vi) The air curtain destructor is constructed, installed and operated in a manner consistent with good air pollution control practice for minimizing emissions of fly ash and smoke; (vii) The cleaning out of the air curtain destructor pit is performed in a manner to prevent fugitive dust; and (viii) The air curtain destructor cannot be fired before 10:00 a.m. and the fire must be completely extinguished, using water or by covering with dirt, at least one hour before sunset. b. Exceptions to open burning listed in Subsection (a), above, whenever feasible, should be conducted between 10:00 a.m. and one hour before sunset and shall not cause air pollution in quantities or characteristics or of a duration which is injurious or which unreasonably interferes with the enjoyment of life or use of property in such area of Glynn County as is affected thereby. c. Except for a reasonable period of time to get a fire started, no smoke the opacity of which is equal to or greater than forty percent (40%), as defined in the Georgia Rules and Regulations for Air Quality Control, shall be emitted from any source of open burning listed in Subsection (a), above. Provided, however, that prescribed burning, slash burning, agricultural burning and acquired structure burning are not subject to the 40 percent (40%) opacity standard in this paragraph. d. Prescribed burning is subject to authorization by the Georgia Forestry Commission Fire Protection Components a. Permit for Installation, Service, or Repair of Fire Alarm, Sprinkler, and Fire Suppression Systems It shall be unlawful for any person to begin installation, alteration, service, recharging or repair of a fire alarm system, fire protection sprinkler system or a fire suppression system in any proposed or existing building or structure without first obtaining a permit from the Fire Marshal to be issued as follows: (1) Application for a permit shall be made with the Fire Marshal.

7 (2) Applications shall be accompanied by shop drawings of the designed system. Shop drawings must be approved by the Fire Marshal before issuance of a permit. If the shop drawings are not approved the applicant may submit revised drawings and specifications. If, in the course of the work, it is found to be necessary to make an amendment to the drawings and specifications, amended drawings and specifications shall be submitted to, and approved by, the Fire Marshal prior to any work being performed. (3) Applications shall be accompanied by copies of all applicable certifications or licenses for all designers, installers, and/or firms as follows: (i) Each person engaged in the installation, alteration, service, or repair of a fire alarm system must possess a valid and subsisting license issued by the Georgia State Construction Industry Licensing Board - Division of Low-voltage Contracting. A copy of the low-voltage contractor s license must be submitted to the Fire Marshal prior to the installation, alteration, service, or repair of a fire alarm system. (ii) Each person engaged in the installation, alteration, service, or repair of a fire protection sprinkler system must possess a valid and subsisting license issued by the Georgia Safety Fire Commissioner. A copy of the license must be submitted to the Fire Marshal prior to the installation, alteration, service, or repair of a fire protection sprinkler system. (iii) Each firm engaged in the installation, alteration, service, repair, or recharging of a fire suppression system must possess a valid and subsisting license issued by the Georgia Safety Fire Commissioner. A copy of the license must be submitted to the Fire Marshal prior to the installation, alteration, service, repair, or recharging of a fire suppression system. (iv) Each individual actually performing the installation, alteration, service, repair, or recharging of a fire suppression system must possess a valid and subsisting permit issued by the Georgia Safety Fire Commissioner. A copy of the permit must be submitted to the Fire Marshal prior to the installation, alteration, service, repair, or recharging of a fire suppression system. b. Inspection and Testing of Fire Alarm, Sprinkler, and Fire Suppression Systems

8 (1) All fire alarm systems are required to be inspected, tested, and serviced on an annual basis in accordance with N.F.P.A. 72. (2) All fire protection sprinkler systems and fire suppression systems are required to be inspected, tested, and serviced on an annual basis in accordance with the applicable portion of the N.F.P.A. 13. c. Fire Extinguishers (1) All commercial buildings are required to be equipped with fire extinguishers in accordance with N.F.P.A. 10. (2) Each firm engaged in the installation, alteration, service, repair, or recharging of a fire extinguisher must possess a valid and subsisting license issued by the Georgia Safety Fire Commissioner. (3) Each individual actually performing the installation, alteration, service, repair, or recharging of a fire extinguisher must possess a valid and subsisting permit issued by the Georgia Safety Fire Commissioner. (4) All fire extinguishers are required to be inspected, tested, and serviced on an annual basis in accordance with N.F.P.A Plans and Specifications for Certain Buildings a. Plans and specifications for all proposed buildings which come under the classification in paragraph (1) of subsection (b) of O.C.G.A , as amended, shall be submitted to, and receive approval by, the Fire Marshal prior to construction. b. All such plans and specifications shall bear the seal and Georgia registration number of the drafting architect or engineer. c. The Fire Marshall shall provide plan review within 30 business days of receiving a written application for approval. If the Fire Marshal, upon receipt of a complete submittal application, cannot provide plan review within 30 business days, then the Fire Marshal shall advise the applicant. The applicant may then secure the services of a private professional provider to provide the required plan review in accordance with O.C.G.A

9 d. The Fire Marshal shall review the plans for compliance with minimum fire safety standards of the State of Georgia and Glynn County; and, where applicable, the minimum accessibility standards of the State of Georgia. e. If the Fire Marshal determines that the plans comply with the applicable codes or standards then the Fire Marshal shall approve the plans and specifications. f. If the Fire Marshal determines that the plans do not comply with the applicable codes or standards then the Fire Marshal may reject the plans and specifications or may issue a stop work order for the building or any portion thereof. The Fire Marshal shall provide notice and an opportunity to remedy the non-compliance if rejecting plans or prior to issuing a stop work order. g. A complete set of approved plans and specifications shall be maintained on the construction site and construction shall proceed in compliance with the minimum fire safety standards under which the plans and specifications were approved. h. The owner of any such building or structure, or his authorized representative, shall notify the Fire Marshal upon completion of approximately 80 percent (80%) of the construction to arrange for an inspection. The owner of any such building or structure, or his authorized representative, shall apply for a Fire Marshal Certificate of Occupancy and arrange for an inspection when construction is completed. i. Every building or structure which is subject to the provisions of this Section shall have a Fire Marshal Certificate of Occupancy issued by the Fire Marshal before such building or structure may be occupied. Such certificates shall be issued for each business establishment within the building, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in subsection j of this Section. j. For purposes of this Section, any existing building or structure listed in paragraph (1) of subsection (b) of O.C.G.A shall be deemed to be a proposed building or structure in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term substantial renovation means any construction project involving exits or internal features of such building or structure costing more than the building s or

10 structure s assessed value according to Glynn County tax records at the time of such renovation Powers and Authority of Fire (Arson) Investigators. (#O ) (a) The Glynn County Director of Community Services and/or authorized fire (arson) investigators acting pursuant to his or her authority (hereinafter collectively referred to in this ordinance section as county arson investigators ) shall have the authority to investigate the cause and origin of any fire, including cases of arson and suspected arson, which occurred in the unincorporated portion of Glynn County, excluding Jekyll Island. (b) County arson investigators shall have the power to make arrests for criminal violations established as a result of investigations pertaining to arson. County arson investigators must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws pertaining to arson. Authorized personnel empowered to make arrests pursuant to this Ordinance section shall be empowered to carry firearms as authorized by the Glynn County Director of Community Services in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Ordinance section or to interfere in any manner, including abetting or assisting such resistance or interference, with personnel employed by the Glynn County Board of Commissioners in the duties imposed upon such personnel by law. (c) County arson investigators shall seek to interview and communicate with all persons believed to be cognizant of or to have information or knowledge in relation to suspected arson. If a county arson investigator is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he or she shall cause such person to be arrested in accordance with the law and shall furnish the district attorney of the Brunswick Judicial Circuit with all the information obtained by such investigator in his or her investigation through Reserved Title. UNSAFE BUILDINGS This ordinance shall be known and may be cited as the Glynn County Code for Elimination or Repair of Unsafe Buildings."

11 Statements of Necessity Definitions. It is found, declared and determined that public health and safety necessitates that Glynn County adopt an ordinance covering the repair or removal of certain buildings or structures which are unsafe and which constitute a fire hazard, or are otherwise dangerous to human life, because of inadequate maintenance, dilapidation, obsolescence or abandonment. As used in this Ordinance, unless the context clearly requires another meaning, the term: (1) "Abandoned building or structure" shall mean a building or structure that the owner has discontinued the use of and which has been vacant for a period of one year or more and the characteristic equipment and furnishings have been removed and have not been replaced by similar equipment. (2) "Board" means the Board of Commissioners of Glynn County. (3) "Building" shall mean any structure having a roof supported by columns or walls intended for shelter, housing or the enclosures of persons, animals, chattels, or property of any kind. The term building shall not include any building under the jurisdiction of the Fire Commissioner of the State of Georgia as defined in Section of the Official Code of Georgia, Annotated. (4) "County" means Glynn County, a political subdivision of the State of Georgia. (5) "Dilapidated building or structure" shall mean a building or structure which is falling to pieces; broken down; shabby and neglected. (6) "Fire Chief" shall mean the Fire Chief of Glynn County or his designee. (7) "Obsolete building or structure" shall mean a building or structure which is no longer usable because of its physical condition. (8) "Structure" shall mean anything constructed or erected of materials at a fixed location on the ground.

12 Violation. (9) "Unsafe building or structure" shall mean a building or structure which is unsafe or which constitutes a fire hazard or is otherwise dangerous to human life, or the existing use thereof constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this Ordinance. It shall be a violation of this Ordinance for any person to maintain an unsafe building as defined in this Ordinance Duties of Fire Marshal. (a) (b) (c) The Fire Marshal, Building Official or their delegated representative shall have authority at all times of the day and night to enter in or upon and to examine any buildings or structure where a fire is in progress or has occurred, as well as other building or premises adjacent to or near the premises where a fire is occurring or has occurred. In the event the owner or person in possession of the building or premises as to which a complaint has been made, refuses the Fire Marshal or his designated representative, permission to enter such building or premises, the Fire Marshal or his delegated representative, may, if he believes there is probable cause, request an administrative search warrant from the Magistrate Court of Glynn County, permitting entry in or upon any building or premises for the purpose of investigating the complaint. When the Fire Marshal, Building Official or their delegated representatives find any building or structure which for want of repair or by reason of age or dilapidated condition or any other cause is especially liable to fire hazard or which is situated as to endanger other property or the safety of the public, written notice shall be given to the owner or agent and occupant of the building, to correct such unsafe conditions as may be found. The notice shall specify the period of time in which the corrective action must be taken, but such period shall not be less than fourteen (14) days nor more than forty-five (45) days. In addition, the Fire Marshal or designated representative shall post a sign on the premises advising all persons of the unsafe condition of the building or premises pursuant to provisions of this Ordinance Court Action.

13 If any owner, agent or occupant fails to comply with the notice prescribed in Section (c) within the time specified in the notice, the Fire Marshal, with the concurrence of the County Attorney, may petition the Superior Courts of the State of Georgia for a rule nisi to show cause why an order should not be issued by a court, having jurisdiction thereof, that building be removed or the premises be made safe Remedy of Unsafe Condition Penalty. If any person fails to comply with the order of the court within the time fixed, the Fire Marshal, with the approval of the Board, shall cause the building or premises to be forthwith repaired, torn down or demolished. If the owner thereof, within thirty (30) days after the notice in writing of the amount of such expenses, fails, neglects or refuses to pay the County the expenses thereby incurred, the Board shall issue an execution against the owner and the property for the expenses actually incurred. Any person, firm or corporation which violates Section of this Ordinance, upon conviction thereof in a Court of competent jurisdiction, shall be punished as provided for in Section of the Code of Ordinances, Glynn County, Georgia Severability. The provisions of this Ordinance are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the remaining provisions. Insofar as the provisions of this Ordinance are inconsistent with the provisions of any other ordinance, the provisions of this Ordinance shall be controlling Effective Date. This ordinance shall become effective upon passage General Repealer Reserved. All laws or parts of ordinances in conflict with this Ordinance are repealed. ARTICLE I. FALSE ALARM ORDINANCE

14 Prohibited Activities. (a) (b) (c) (d) No person shall make, cause to be made or suffer to be made any false alarm from any location in the unincorporated portion of Glynn County excluding Jekyll Island and the Federal Law Enforcement Training Center. No person shall allow, sound or permit the sounding of any burglar or fire alarm or any motor vehicle burglar alarm in the unincorporated portion of Glynn County excluding Jekyll Island and the Federal Law Enforcement Training Center, which is audible outside the building or vehicle it is installed in unless such alarm is automatically terminated within fifteen (15) minutes of activation. No company or individual shall connect or cause to be connected, by any means whatsoever any alarm system or alarm that transmits directly into the 911 System of Glynn County or to any telephone line located at Glynn County Fire Department, Glynn County Police Headquarters or substation, PROVIDED, HOWEVER, it shall not be a violation of this ordinance for an alarm system to be connected or to transmit directly to any phone number maintained by the Glynn County 911 Center for such purpose. No individual or company shall test or cause to be tested any alarm system in the unincorporated portion of Glynn County excluding Jekyll Island and the Federal Law Enforcement Training Center without at least thirty (30) minutes prior notification of the test to the Glynn County Police Department and the Glynn County Fire Department. Failure to make such prior notifications will be subject to a $ fine for each occurrence Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance, unless otherwise specifically stated. (a) (b) "Alarm Contractor" shall mean any person who installs, maintains, repairs, alters, monitors or services alarm systems for compensation. "Alarm Signal" shall mean the audible sound or a transmission of a signal or a message as the result of the activation of an alarm system or an audible alarm.

15 (c) (d) (e) (f) "Alarm System" shall mean any mechanical or electrical or radio-controlled device which is designed to be used for the detection of smoke or fire or of any unauthorized entry into a building, structure or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both, which emits a sound or transmits a signal or message when activated. Alarm systems include audible, silent, fire and panic alarms and proprietor alarms. "Audible Alarm" shall mean a device designed for the detection of fire or smoke or of unauthorized entry on premises which generates an audible sound when it is activated. "False Alarm" shall mean an alarm signal which is responded to by the Police or Fire Departments of Glynn County and which is caused by other than an emergency situation, or which is not caused by the activation of either an alarm system or audible alarm as the result of fire or smoke, a burglary, robbery, assault, forced entry or attempted forced entry into the premises protected by such alarm or any other criminal act on the premises. An alarm will be deemed to be a false alarm (i) when there is not substantial physical evidence which would clearly indicate that smoke, fire, or a criminal act was the sole reason for activation of the alarm signal, (ii) when the alarm system was intentionally activated by an individual under circumstances where there was no reasonable basis to believe that a fire, crime or other emergency, warranting immediate response by the appropriate authorities, had occurred or was occurring, or (iii) when the alarm signal is activated due to the failure of the alarm system to be maintained in proper working condition. A false alarm shall not be deemed to have occurred when the responding agency is notified that no response is necessary before any act of response is substantially completed. Only those false alarms occurring in the unincorporated portion of Glynn County excluding Jekyll Island and the Federal Law Enforcement Training Center are punishable by this Ordinance. "Person" shall mean any individual, association, partnership, firm or corporation, or any combination of one or more of them, and includes any officer, employee, department, agency or instrumentality of the State False Alarms: Requirements and Penalties.

16 Responsibility for false alarms under this chapter shall be borne by the person or persons occupying or having the right to occupy the premises, unless otherwise stated herein. Violations of this Ordinance will be returned to the Glynn County Magistrates Court for resolution and disposition. Penalties for each violation: 1. First and Second false alarms Written warning 2. Third false alarm $ Fourth false alarm $ Fifth false alarm $ Sixth false alarm and above $ Written warnings for first and second false alarms shall be hand delivered or mailed to the location of the false alarm. Failure to make, deliver, mail or receive any warning shall not affect any subsequent enforcement efforts nor the penalty for any subsequent false alarm False Alarms: Requirements and Penalties for Alarm Contractors a) Shall provide each alarm customer with a copy of this Ordinance and shall obtain a written acknowledgement of receipt of a copy of this False Alarm Ordinance signed by the customer. b) Shall retain on file for the duration of each Alarm Contract a copy of this Ordinance containing the signed acknowledgement of the customer General Penalty Provision, Effect on Other Remedies Defenses Each and every time a violation occurs, it shall be deemed a separate offense. No provision of this Ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom of any person for injury or damage arising from any violation of this Ordinance or other law. Any person charged with a violation of this False Alarm Ordinance may offer proof at any hearing relating to such violation that the false alarm in question was caused by: (a) a lightning strike or other Act of God;

17 (b) (c) the act of some third party whom the person could not control; or failure of an alarm contractor to repair the alarm system which made the false alarm after being employed by the property owner to make such repair PROVIDED, HOWEVER the property owner has again made a good faith attempt to have the alarm system repaired after the false alarm which is the subject of the charge. ARTICLE II The unconstitutionality or invalidity of any word, sentence, or portion of this Ordinance shall not effect the validity of the remaining portions. ARTICLE III This Ordinance shall become effective immediately upon its adoption.

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