33-557-Ordinance No. 203.10 Recorded 11/21/1979~~-707- 33 wU557
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
IN THE MATTER OF )
An Ordinance Regulating Alarm Equipment, )
Alarm Equipment Supplies, Alarm ) ORDINANCE NO. 203.10
Monitoring Services, and Security Personnel )
The Board of Commissioners of Deschutes County, a political subdivision
of the State of Oregon, hereby ordains as follows, pursuant to ORS 203.035:
SECTION I. Definitions. As used in this Ordinance:
1.01:0 "Alarm Equipment Supplier" means any person in the business of
selling, leasing, installing, or maintaining automatic protection devices which
are connected to police or fire departments or to an alarm monitoring service, or
audible alarm systems.
1.020 "Alarm Monitoring Service" means any person in the business of
operating a service that includes a service whereby persons receive messages from
automatic protection devices reporting emergencies at stated locations and relay such
emergency message to the communications center or center of the fire department or
sheriff's department.
1.030 "Automatic Protection Device" means any electrically or mechanically
operated instrument designed for keying to a licensed alarm monitoring service or
a fire department, sheriff's department, or other government law enforcement agency.
1.040 "Security Persons" means security guards, alarm monitoring personnel
and alarm installers.
1.050 "Direct Line" means a special unlisted telephone line, unavailable
for use by the public at large, leading directly to the communications center of the
fire department or police department from a single, specific location and designed
to be used only to report emergency messages and signals.
1.055 "False Alarm" means a message summoning the emergency services of a
fire department or law enforcement agency when no emergency exists. This may be due,
among other causes, to malfunctioning of any automatic protection device, or mistake
by any alarm
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monitoring service under the management and control of the owner of the
premises protected by the device or service, or such owner's agents,
employees, or contractors. The opinion of any licensed alarm installer shall
be admissible on the issue of whether an automatic protection device has mal-
functioned.
1.060 "Key" means to utilize a telephone line for transmitting a
message.
1.070 "Regular Telephone Line" means a general telephone line leading
to the communications center of the fire department or police department or
alarm monitoring service available for use by the public at large.
1.080 "Sensory Detection Apparatus" means a mechanical or electrical
device, part of an automatic protection device, which is designed for detection
of any physical force or condition inherently characteristic of fire or the
unauthorized intrusion into or upon protected premises.
SECTION 2. Automatic Protection Device - Restrictions on Keying.
1.010 The keying of automatic protection devices so as to send pre-
recorded or other messages directly over regular telephone lines to the fire
department or sheriff's department of Deschutes County is prohibited. All auto-
matic protection devices shall be keyed so as to send pre-recorded or other
messages to the unlisted telephone line installed in the fire or sheriff's
department or alarm monitoring service for that purpose.
1.020 Within thirty (30) days after the effective date of this Ordinance,
all automatic protection devices presently keyed to send pre-recorded or other
messages directly over regular telephone lines to the fire department or sheriff's
department shall be altered so as to key the automatic protection device to a
telephone number other than those listed for the fire department or sheriff's
department.
1.030 No person except a duly licensed alarm equipment supplier shall
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key an automatic protection device to the fire or sheriff's department or alarm
monitoring service.
SECTION 3. Duties of Owner of Lessee.
3.010 It shall be the duty of the owner or lessee of any automatic pro-
tection device to arrange for the equipment alteration prescribed in Section 2
of this Ordinance.
3.020 The owner or lessee of an automatic protection device shall be
responsible for having the device repaired or disconnected, as quickly as
reasonably possible after he learns, either from his own sources, an alarm
monitoring service, an alarm equipment supplier, or any member of the fire
department or sheriff's department that the device is not working properly.
The automatic protection device must be disconnected within 48 hours if repairs
cannot be made.
SECTION 4. Licensing of Alarm Equipment Supplier. No person shall sell or lease
any automatic protection devices for installation in or upon any premises in the
County of Deschutes or install or maintain for a fee such devices, whether or
not such devices are keyed to a license alarm monitoring service, without obtain-
ing a license from the Sheriff prior to such sale, lease, installation, or
maintenance.
SECTION 5. Alarm Equipment Supplier - Licensing Procedure. Every alarm equipment
supplier shall apply to the Sheriff for a license on a form to be furnished by
the County and shall pay to the Sheriff an annual license fee of $24.00. Each
application shall be signed by the applicant or its agent and shall include the
following:
5.010 The name, address, and telephone number of the applicant and its
type of business organization (individual, partnership, or corporation). If the
applicant is a partnership, the names and addresses of the partners shall be
given; if the applicant is a corporation, the names and addresses of its principal
officers and registered agent shall be given.
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5.020 A complete background check shall be made by the Sheriff of
all applicants and employees.
5.030 A statement detailing the required maintenance service for the
applicant's automatic protection devices that is offered to its customers and
the applicant's certification of the availability of their service.
5.040 An agreement on the part of the applicant to comply with the
operational standards listed in Section 6 of this ordinance, with other require-
ments for issuance of licenses imposed by this ordinance, and with other reason-
able rules and regulations that may be issued by the Sheriff.
5.050 The Sheriff may deny the application required by this section,
when the application does not comply with the above standards or the background
check show that the applicant or an employee has been convicted or pleaded
guilty or nolo contendere to a crime involving moral turpitude or when the
applicant or an employee would not be bondable. Any such denial may be appealed
to the County Commission by written notice to the Sheriff within 10 days after
such denial.
5.060 All employees of alarm equipment suppliers, who will install
automatic protection devices, shall possess and carry with them identification
cards issued by the Sheriff. The Sheriff may charge a reasonable fee for pro-
viding the identification cards.
SECTION 6. Alarm Equipment Supplier - Operational Standards. In addition to
other requirements for issuance of a license imposed by this ordinance, the
Sheriff, before issuing a license to any alarm equipment supplier, shall insure
that the following minimum operational standards are met:
6.010 Every alarm equipment supplier applying for a license under
this ordinance shall agree to furnish to the person to whom such device is
sold or leased or for whom the device is installed or maintained, complete
instructions detailing the operation of the device and instruction covering
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use of the device and an operating manual for the device. These instructions
shall include information as to how the device's alarm may be aborted.
6.020 All licensed alarm equipment suppliers shall notify the County
Sheriff at least 24 hours before activation of any automatic protection device,
giving the information outlined below. With respect to all automatic protec-
tion devices previously sold, leased, installed, or maintained by them on the
effective date hereof, within 30 days said suppliers shall provide the County
Sheriff a list of all automatic protection device installations known to them,
including:
(a) The address of the premises where the device is installed
and the telephone number at its location;
(b) The name, residence address, and telephone number of the owner
or lessee of the premises;
(c) The names, addresses, and telephone numbers of any other
persons who may be authorized to respond to an emergency and open the
premises where the device is installed; and
(d) The type of alarm, characterized as police or fire, its
particulars (internal or perimeter both) and a description of how
it is activated; (through heat, smoke, intrusion, sound, vibration,
etc.)
6.030 When automatic protection sold, leased, installed, or maintained
by an alarm equipment supplier has been keyed to a licensed alarm monitoring
service, information to be supplied to the County pursuant to paragraphs (c)
of subsection (2) shall be provided, in addition to the alarm monitoring service
to which the device has been keyed.
6.040 At the time of sale, lease, or installation, all licensed alarm
equipment suppliers shall furnish to the persons for whom the automatic protection
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device has been sold, leased or installed, written information as to how maintenance
service from the supplier can be obtained on a 24-hour basis, including 24-hour
telephone numbers to call for service.
6.050 All audible alarms shall have automatic timers to silence the
alarm after 30 minutes. In the event an audible alarm is not automatically
silenced after 30 minutes, an officer of the Sheriff's department may disconnect
or otherwise disable the alarm to preserve the peace and quiet of the neighbor-
hood. Neither the County Sheriff Department nor any officer thereof shall be
liable for any damages resulting from actions taken pursuant to this paragraph.
6.060 All direct line fire alarm systems, except automatic telephone
dialers and digital receivers, and their installation shall conform to the stan-
dards of the National Fire Protection Association.
6.070 All direct line automatic protection devices shall be tested not
r
less than every six months. Each test report shall be submitted to the Sheriff
and fire departments. Prior to each test, at least 10 minute's.notice shall
be given to the Sheriff and fire departments and alarm monitoring services.
Installation testing and repair of such devices shall be done only after
specific arrangement with the Sheriff and fire department and alarm monitoring
service. Testing shall be the responsibility of alarm owners or lessees.
SECTION 7 Licensing of Alarm Monitoring Services. No person shall operate
an alarm monitoring service without obtaining a license from the Sheriff prior
to such operation, and shall pay to the Sheriff an annual license fee of $25.00.
Any person in the County who operates an alarm-monitoring service may, upon
obtaining a license from the Sheriff, include in such service the receipt and
relay a live voice message, from automatic protection devices to the fire
department or Sheriff department. .
SECTION 8. Alarm Monitoring Service - Licensing Procedure. Every alarm monitor-
ing service shall apply to the Sheriff for a license on a form to be furnished
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by the County. Each application shall be signed by the applicant or its agent and
shall include the following:
8.010 The name and address of the applicant and its type of business
organization (individual, partnership, or corporation). If the applicant is a
partnership, the names and addresses of the partners shall be given; if the appli-
cant is a corporation, the names and addresses of its principal officers and regis-
tered agent shall be given.
8.020 An agreement that the Sheriff may make a background check of
all applicants and their employees at any time.
8.030 A statement that the applicant is willing to comply with the oper-
ational standards contained in Section 9 of this ordinance, with other requirements
for issuance of licenses imposed by this ordinance and with other reasonable
rules and regulations that may be issued by the Sheriff.
8.040 Evidence of adequate insurance and bonding to cover foreseeable
risks of loss to customers due to failure to notify authorities after receipt of
an alarm.
8.050 The Sheriff may deny the application required by this section, when
the application does not comply with the above standards, the background check
shousthat the applicant or an employee has been convicted or pleaded guilty or
nolo contendere to a crime involving moral turpitude,or when the applicant or an
employee would not be bondable. Any such denial may be appealed to the County
Commission by written notice to the Sheriff within 10 days after such denial.
SECTION 9. Alarm Monitoring Service - Operational Standards. In addition to
other requirements for issuance of a license imposed by this ordinance, the
Sheriff, before issuing a license to any alarm monitoring service may insure that
the following minimum operational standards are met:
9.010 The room or rooms containing alarm monitoring services shall be
separate from all other telephone answering operations and secured at all times
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so that only authorized employees will have access thereto.. The premises shall
have a direct panic alarm providing instant communication to the Sheriff's office.
No other types of operations shall be carried on by the personnel on duty in the
monitoring section.
9.020 As soon as practicable, the alarm monitoring service operator on
duty shall report to the department or agency concerned, the contents of any mes-
sage received from an automatic protection device. Under no circumstances shall
the alarm monitoring service operator notify anyone of the message received prior
to informing the appropriate law enforcement department or agency, provided
however that nothing herein shall prevent an alarm monitoring service from iden-
tifying and aborting a false alarm.
9.030 Instructions for handling emergency messages shall be posted by
the service from whose premises live voice alarms originate for reference by alarm
monitoring service operators. Instructions shall be modified as the Sheriff requires.
9.040 A sufficient number of alarm monitoring service operators shall
be on duty at all times to assure that messages from automatic protection devices
are relayed immediately to the department or agency concerned.
9.050 The alarm monitoring service shall agree to submit to the County
the names and addresses of all present or proposed employees of the service,
together with any other personnel information the County may reasonably require
for background checks.
9.070 The alarm monitoring service shall agree to provide to the County
all information required by Section 6.020 of this ordinance.
SECTION 10. Licensing of Security Personnel. No person shall be employed as
security persoir without a valid license issued by the Sheriff and said security
person shall possess and carry said license while in the scope of employ-
ment.
SECTION 11. Security Person; Licensing Procedure. All security persor*
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shall apply to the Sheriff for a license on a form to be furnished by the County
and shall pay to the Sheriff :an initial license fee of $10.00 and an annual
renewal fee of $2.50. Each application shall be signed by the applicant and shall
include the following:
11.010 The name, address, and telephone number of'the applicant.
11.020 A complete background check made by the Sheriff of all appli-
cants, disclosing no criminal conviction involving moral turpitude or ineligibility
to be bonded.
11.030 An agreement on the part of the applicant to comply with reason-
able rules and regulations that may be issued by the Sheriff.
11.040 If the applicant is to carry a firearm in the course of employment,
then he shall, in addition to the other requirements of this section, pass the
same firearms qualification test as designed and administered by the Sheriff for
his deputies; cost of application shall be borne by applicant.
SECTION 12. Regulations of Receivers. The Sheriff and Fire Chief may prescribe the
type and number of alarm receivers to be installed in their respective departments.
SECTION 13. Non-liability of County. Neither the County of Deschutes nor any
official or employee thereof shall be liable for any damage resulting from the
malfunction or defective installation of any automatic protection device or alarm
monitoring service or conduct of security personnel provided for in this ordinance.
SECTION 14. Fees. The Board of County Commissioners, may establish reasonable
monthly charges to be collected by the Sheriff to cover the cost of monitoring of
automatic protection devices.
SECTION 15. Use of Fees. All fees paid pursuant to this ordinance shall be
promptly deposited in the general fund of the district or political subdivision
collecting the fee.
SECTION 16.010 Penalties for false alarms. All unlicensed automatic protective
devices shall inactivated within 30 days after the effective date of this
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ordinance. If any person causes a false alarm which results in emergency police
or fire department action, the Sheriff may, 10 days after personal service of
written notice or after delivery of written notice by certified mail return
receipt requested, disconnect any person's direct line telephone service to the
Sheriff's Department at the owner's expense. Alternatively, the Sheriff may
order the owner to inactivate the automatic protection device producing the false
alarm. If, during the 10 day period, the owner or lessee of the device requests
a hearing on the revocation of the license, the Board of County Commissioners
shall set a hearing on the matter to be conducted in accordance with ORS
Chapter 183 and the Attorney General's Model Rules of Procedure promulgated there-
under. In order to have a revoked license reinstated, the owner or lessor of
the automatic protection device must apply on forms provided by the Sheriff's
Department which shall require an affidavit stating in detail the corrective ac-
tions taken to prevent recurrence of a false alarm. The fee for such reinstate-
ment shall be as follows:
(a) If the automatic protection device produces a fire alarm
or armed robbery alarm - $50.00.
(b) If the automatic protection device produces any other
type of alarm $25.00.
The reinstatement fees stated in this Section may be changed by order of the
Board of County Commissioners to sums that will reasonably compensate the
Sheriff for responding to the false alarm which resulted in revocation of the
license and which will cover the cost of processing the reinstatement appli-
cation.
SECTION 16.020 Other Penalties. Any person violating any provision of this
ordinance or disobeying any order of the Sheriff made pursuant to Section 16.010
shall be punishable by a fine not exceeding $300.00.
SECTION 16.030 In addition to the foregoing, the Sheriff may administratively
suspend or revoke the license of any alarm equipment supplier, security personnel,
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or alarm monitoring service which violates the provisions of this ordinance,
and disconnect any direct line telephone service with the Sheriff's Department
10 days after personal service of written notice or after delivery of written
notice by certified mail return receipt requested. During the 10 days follow-
ing service of the notice, the person served may request a hearing on the
revocation of the license by letter to the Board of County Commissioners. Upon
receipt of the letter, the Board shall set a hearing on the matter to be con-
ducted in accordance with ORS Chapter 183 and the Attorney General's Model
Rules of Procedure promulgated thereunder.
ADOPTED this day of'LGAXVY" U , 1979.
BOARD OF
CLAY C.
ATTEST:
PATTERSON,
ty Clerk
SSIONERS
ALBERT A. YOUNG, issioner
ROBERT C. PAULSON, JR., Commissione
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