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<section heading="COMCOR 03A.00.01 Policies, Procedures and Fees for Alarm Businesses and Alarm Users">
  <regulation heading="COMCOR 03A.00.01 Policies, Procedures and Fees for Alarm Businesses and Alarm Users">
    <subsection heading="03A.00.01.01Definitions.">
      <paragraph indent="0">1.1   Alarm business means any business which alters, installs, leases, maintains, monitors, repairs, replaces, sells at retail, services, or responds to an alarm system.</paragraph>
      <paragraph indent="0">1.2   Alarm signal means the activation of an alarm system.</paragraph>
      <paragraph indent="0">1.3   Alarm system means any mechanical or electrical equipment arranged to signal an unauthorized entry or other illegal activity. Alarm system includes devices activated automatically, such as burglar alarms, and devices activated manually, such as hold up alarms. Alarm system does not include telephone lines maintained and operated by public utilities under the regulation of the public service commission over which such signals might be transmitted, or alarm systems installed in motor vehicles, boats, or aircraft. Alarm system does not include fire alarms.</paragraph>
      <paragraph indent="0">1.4   Alarm user means:</paragraph>
      <paragraph indent="1">(a)   the owner or lessor of any alarm system;</paragraph>
      <paragraph indent="1">(b)   the occupant of any dwelling unit with an alarm system; and</paragraph>
      <paragraph indent="1">(c)   each tenant that uses an alarm system in a multi-tenant building.</paragraph>
      <paragraph indent="0">1.5   Control panel means the central processing unit designed to manage and control an alarm system.</paragraph>
      <paragraph indent="0">1.6   Digital dialer means a device that transmits digital signals from an alarm system to a monitoring center through the telephone network.</paragraph>
      <paragraph indent="0">1.7   Dual technology sensor means a single device that is manufactured to require two inputs simultaneously by two different technologies to cause alarm activation.</paragraph>
      <paragraph indent="0">1.8   Duress alarm means the deliberate activation of a silent alarm by entering at a touchpad a code different from the normal arm/disarm code, or by separate deliberate act at other device(s).</paragraph>
      <paragraph indent="0">1.9   False alarm means any alarm signal:</paragraph>
      <paragraph indent="1">(a)   that elicits a response by police personnel; and</paragraph>
      <paragraph indent="1">(b)   for which there is no evidence of criminal activity to justify a police response.</paragraph>
      <paragraph indent="0">1.10   Hold-up alarm means a silent alarm generated by the deliberate activation of a hold-up device.</paragraph>
      <paragraph indent="0">1.11   License means a license issued to an alarm business by the False Alarm Reduction Section (FARS) of the Montgomery County Department of Police or designee.</paragraph>
      <paragraph indent="0">1.12   Nonresidential alarm user means any alarm user that is not a residential alarm user.</paragraph>
      <paragraph indent="0">1.13   One Plus Duress Alarm means the manual activation of a silent alarm signal by entering a code at an arming station that adds one to the last digit of the normal arm/disarm code.</paragraph>
      <paragraph indent="0">1.14   Panic alarm means the deliberate activation of an audible alarm.</paragraph>
      <paragraph indent="0">1.15   Point of Identification means that any non-residential alarm system that reports to a monitoring center must identify the zone or sensor location of any activation within the system.</paragraph>
      <paragraph indent="0">1.16   Residential alarm user means the occupant of any dwelling unit with an alarm system.</paragraph>
      <paragraph indent="0">1.17   Touchpad means a device that allows control of an alarm system by the manual entering of a coded sequence of numbers or letters.</paragraph>
      <paragraph indent="0">1.18   False Alarm Reduction Section (FARS) means the section within the Montgomery County Department of Police that was established to manage and oversee the false alarm reduction program.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.02Alarm Business License Requirements.">
      <paragraph indent="0">2.1   Any person engaging in an alarm business in Montgomery County must apply to the FARS of the Montgomery County Department of Police or the designee specified on the application form for a license to operate as an alarm business. Such application must be signed by either a) the owner of the business for a sole proprietorship, b) one partner for a partnership, or c) a corporate officer for a corporation, and must be approved by the FARS or designee.</paragraph>
      <paragraph indent="1">The license application must include, but is not limited to:</paragraph>
      <paragraph indent="1">a)   The name, address, Fax, and telephone number of the alarm business, its business entity (Sole Proprietorship, Partnership, or Corporation), and Employer ID number (EIN).</paragraph>
      <paragraph indent="1">b)   The number of active residential and nonresidential alarm customers in Montgomery County with which the alarm business conducts business.</paragraph>
      <paragraph indent="1">c)   The name, address, and telephone number of the official responsible for the operation of the alarm business in Montgomery County.</paragraph>
      <paragraph indent="1">d)   Background criminal history information.</paragraph>
      <paragraph indent="1">e)   Complete list of associated (contracted) alarm businesses, including name, address, telephone number and alarm business license number, that may alter, install, lease, maintain, monitor, repair, replace, sell at retail, service, or respond to an alarm system in Montgomery County.</paragraph>
      <paragraph indent="1">f)   An alarm business that is incorporated in a state other than Maryland must include on the alarm business license application form the name and address of the Resident Agent located in Maryland.</paragraph>
      <paragraph indent="0">2.2   License applications must be accompanied by an annual, non-refundable processing fee of Two Hundred Dollars ($200), which will be due and payable each year on the anniversary of the issuance of the alarm business license. If the alarm business license has been revoked or suspended, or has expired and been subsequently renewed, a reinstatement fee of One Hundred Dollars ($100.00) plus other administrative fees must accompany a reinstatement application.</paragraph>
      <paragraph indent="1">a)   An applicant must not conduct business in Montgomery County until the alarm business license is approved.</paragraph>
      <paragraph indent="1">b)   An applicant must give written notice of any changes to the information contained in the application to the FARS or designee within ten (10) days of the change.</paragraph>
      <paragraph indent="0">2.3   Should an alarm business license be suspended, revoked or refused, the alarm business must notify, by first class mail, within five (5) days, each of its alarm users that the alarm business is unable to request Montgomery County Department of Police dispatch to the user’s alarm system for the duration of the suspension, revocation or refusal. The alarm business must also provide the FARS or designee, by first class mail, within five (5) days, a list containing the name and complete address of the alarm business’s registered alarm users.</paragraph>
      <paragraph indent="0">2.4   A licensed alarm business must not enter into a contract regarding their business in the county, as defined in 03A.00.01.01, Section 1.1, with an alarm business that does not have a valid alarm business license.</paragraph>
      <paragraph indent="0">2.5   The owner, partner or corporate officer of an alarm business must conduct a criminal history background check on all employees of the alarm business involved in the sale, installation, monitoring or maintenance of an alarm system. The background check must cover the past seven (7) years.</paragraph>
      <paragraph indent="0">2.6   Any licensee or applicant who requests a hearing to show cause why an alarm business license should not be revoked or suspended or the license application should be granted or renewed, as provided for in Chapter 3A, Section 3A-8(b) of the Montgomery County Code, must include an appeal filing fee of $150.00.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.03 Alarm User Registration.">
      <paragraph indent="0">3.1   Every alarm user must register the user’s alarm system with the FARS of the Montgomery County Department of Police or the designee specified on the registration form before the user begins using the system, and must pay the alarm registration fee established by this regulation.</paragraph>
      <paragraph indent="0">3.2   An alarm business that installs, causes to be installed, permits to be installed, alters, maintains, repairs, replaces, services or monitors any alarm system must meet the following requirements.</paragraph>
      <paragraph indent="1">a)   An alarm business must ensure that an alarm user has registered the alarm system with the FARS or designee before the alarm system is activated or placed into service.</paragraph>
      <paragraph indent="1">b)   An alarm business must provide to the FARS or designee, by July 1 of each year, a list which contains the name, address, telephone number and registration number of all of their current alarm users in Montgomery County.</paragraph>
      <paragraph indent="1">c)   An alarm business must notify the FARS or designee of any alarm user, who has a service contract with or is monitored or maintained by the alarm business, who has canceled or otherwise terminated their alarm services with the alarm business.</paragraph>
      <paragraph indent="1">d)   An alarm business must ensure that a separate registration form and registration fee is obtained for each alarm user. One registration must be obtained for each separate location for each alarm user. Location is defined as a separate address, building, structure or premises. In multi-tenant buildings one registration must be obtained for each tenant using an alarm system.</paragraph>
      <paragraph indent="1">e)   An alarm business must use the registration forms and data processing format or direct the alarm user to the online registration website provided by the FARS or designee for registering all residential and nonresidential alarm systems. The registration forms must be legible by the staff of the FARS. The form shall be completed in a manner prescribed by the FARS.</paragraph>
      <paragraph indent="1">f)   An alarm business must collect the alarm user registration form and registration fee from all of their current and future residential and nonresidential alarm users.</paragraph>
      <paragraph indent="1">g)   An alarm business must deliver the completed alarm registration form and registration fee to the FARS or designee in the required format before the system is activated or placed into service.</paragraph>
      <paragraph indent="0">3.3   An alarm business that only sells at retail any alarm system or equipment to an alarm user must provide the purchaser the proper alarm user registration information including but not limited to; summary of the alarm law, the registration form and fee information that is to be submitted to the FARS or designee before the alarm system is sold.</paragraph>
      <paragraph indent="0">3.4   The FARS or designee will register alarm users and collect applicable fees for alarm systems that are not covered by the registration requirements of the alarm businesses.</paragraph>
      <paragraph indent="0">3.5   Registration of an alarm system is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By registering an alarm system, the alarm user acknowledges that police response may be based on factors such as:</paragraph>
      <paragraph indent="1">a)   Availability of police units</paragraph>
      <paragraph indent="1">b)   Priority of calls</paragraph>
      <paragraph indent="1">c)   Weather conditions</paragraph>
      <paragraph indent="1">d)   Traffic Conditions</paragraph>
      <paragraph indent="1">e)   Emergency conditions</paragraph>
      <paragraph indent="1">f)   Staffing levels</paragraph>
      <paragraph indent="0">3.6   The registration form for the alarm user must contain, but is not limited to, the following information:</paragraph>
      <paragraph indent="1">a)   RESIDENTIAL REGISTRATION</paragraph>
      <paragraph indent="2">Registration Number</paragraph>
      <paragraph indent="2">Name, address, telephone number and driver’s license or social security number, if not licensed, of the alarm user for the alarmed location.</paragraph>
      <paragraph indent="2">Dangerous or special conditions information at location.</paragraph>
      <paragraph indent="2">Type of alarm system: burglary, robbery, panic, duress, medical alert, etc.</paragraph>
      <paragraph indent="2">Names, addresses and telephone numbers of two (2) persons* who are able to and have agreed to:</paragraph>
      <paragraph indent="2">1)   Receive notification of an alarm activation at any time;</paragraph>
      <paragraph indent="2">2)   Respond to the alarm site within one (1) hour; and</paragraph>
      <paragraph indent="2">3)   Grant access to the alarm site and deactivate the alarm system if such becomes necessary.</paragraph>
      <paragraph indent="2">4)   The Department of Police may waive, under extraordinary circumstances, the requirement to have two (2) contact persons listed on a residential registration form.</paragraph>
      <paragraph indent="2">Name, address, telephone number, and Business License Number(s) of the alarm business that installed and/or monitors the alarm systems, if applicable.</paragraph>
      <paragraph indent="2">A statement as to whether the alarm user had ever previously registered an alarm system in Montgomery County.</paragraph>
      <paragraph indent="2">*An alarm business will be acceptable in lieu of one (1) person.</paragraph>
      <paragraph indent="1">b)   NONRESIDENTIAL REGISTRATION</paragraph>
      <paragraph indent="2">Registration number</paragraph>
      <paragraph indent="2">Nonresidential alarm user’s name and trade name, if different.</paragraph>
      <paragraph indent="2">Employer ID number (EIN).</paragraph>
      <paragraph indent="2">Street address where alarm system is located, including room or suite number.</paragraph>
      <paragraph indent="2">Telephone number at the alarmed location.</paragraph>
      <paragraph indent="2">Type of business or activity conducted at the alarmed location.</paragraph>
      <paragraph indent="2">Type of alarm system: burglary, robbery, duress, panic, etc.</paragraph>
      <paragraph indent="2">Dangerous or special conditions information at location.</paragraph>
      <paragraph indent="2">Parent company name, address and telephone number.</paragraph>
      <paragraph indent="2">Name and telephone number of person responsible at the parent company location for the alarm system at the alarmed location.</paragraph>
      <paragraph indent="2">Names, addresses, and telephone numbers of three (3) persons* who are able and have agreed to:</paragraph>
      <paragraph indent="2">1)   Receive notification of an alarm activation at any time;</paragraph>
      <paragraph indent="2">2)   Respond to the alarm site within one (1) hour; and</paragraph>
      <paragraph indent="2">3)   Grant access to the alarm site and deactivate the alarm system if such becomes necessary.</paragraph>
      <paragraph indent="2">Name, address, telephone number, and Business License Number(s) of the alarm business that installed and/or monitors the alarm system, if applicable.</paragraph>
      <paragraph indent="2">A statement as to whether the alarm user had every previously registered an alarm system or been issued a permit in Montgomery County.</paragraph>
      <paragraph indent="2">*An alarm business will be acceptable in lieu of one (1) person.</paragraph>
      <paragraph indent="0">3.7   The alarm user registration form must contain a synopsis of Chapter 3A, Alarms Alarms, of the Montgomery County Code.</paragraph>
      <paragraph indent="0">3.8   When a person or business listed on the registration, or listed on an amendment to the registration, is unable or unwilling to perform required duties, the registrant must file, with the FARS or designee, within seventy-two (72) hours, an amendment to the registration listing a person or company that is able and willing to perform those duties.</paragraph>
      <paragraph indent="0">3.9   Each registration remains in effect until the registrant relinquishes control of the alarm site or the registration is suspended or revoked.</paragraph>
      <paragraph indent="0">3.10   The initial, nonrefundable registration fee for non-residential alarm users is Sixty dollars $60..</paragraph>
      <paragraph indent="0">3.11   The initial, nonrefundable registration fee for residential alarm users is Thirty Dollars ($30.00).</paragraph>
      <paragraph indent="0">3.12   An Alarm User Registration shall expire two (2) years from the date of issue and must be renewed before the expiration date by submitting an updated application and a renewal registration fee of $20 to the FARS. The FARS shall attempt to notify each alarm user 30 days before the expiration of the registration and shall send a delinquency notice to the address shown on the alarm user’s last registration if the user fails to renew the alarm user registration by the expiration date.</paragraph>
      <paragraph indent="0">3.13   It is the responsibility of the alarm user to submit the required renewal form and fee to the FARS prior to the Alarm User Registration expiration date.</paragraph>
      <paragraph indent="0">3.14   Failure to renew the Alarm User Registration as required will result in the imposition of a $100 fee for the first and each subsequent false alarm until the alarm user renews the alarm user registration. The non-registered response fee is in addition to any other applicable fee, such as the regular, escalating fees for false alarm responses.</paragraph>
      <paragraph indent="0">3.15   A registration is valid only for the premises registered and is not transferable to another alarm user or premises. A new registration must be applied for in accordance with this regulation.</paragraph>
      <paragraph indent="0">3.16   All registered alarm users must keep a copy of the alarm registration form and installation certificate at the alarm site and must produce such registration information for inspection upon reasonable request by any Montgomery County police officer.</paragraph>
      <paragraph indent="0">3.17   All information submitted to a third-party administrator in compliance with this regulation must be held in strict confidence and must not be disclosed without approval of the Montgomery County Department of Police. Any violation of confidentiality requirements is a violation of this regulation.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.04 Conditions Under Which An Alarm Response Fee May Be Waived.">
      <paragraph indent="0">4.1   A false alarm response fee may be waived if the alarm system was activated by an act of God, including violent conditions of nature; such as, blizzard, earthquake, high intensity winds, extreme thunder storms, lightening, electrical surge, or other extraordinary circumstances not reasonably subject to the control of the alarm business or alarm user. The Department of Police may request a written statement/report from a licensed alarm company representative which details the reasons for the false alarm.</paragraph>
      <paragraph indent="0">4.2   If it is determined that a false alarm signal from a registered alarm was due to an event beyond the reasonable control of the alarm user, that event may not be considered a false alarm for the purpose of this regulation.</paragraph>
      <paragraph indent="0">4.3   If alarm signals were caused by a malfunctioning alarm system which caused 2 or more false alarms in a 12-hour period and the alarm user and the alarm business exercised their best efforts to limit alarm signals caused by the malfunction, those false alarms will be counted as 1 false alarm. This waiver will not be applicable if the false alarms occur within the specified soak period as defined in 03A.00.01.05, Section 5.2.</paragraph>
      <paragraph indent="0">4.4   An alarm signal that a person intentionally activated in response to actual or threatened criminal activity will not be counted as a false alarm.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.05Procedures To Request Police Response.">
      <paragraph indent="0">5.1   Before requesting a police response to an alarm signal, an alarm business shall first attempt to verify the Alarm signal is valid by placing a telephone call to the Alarm Site and/or Alarm user. If the first attempt is unable to make contact with a verified Alarm User and ascertain if the Alarm Signal is valid, a second attempt shall be made. The second attempt shall require, at a minimum, a telephone call be made to a telephone number which is different from the telephone number utilized in the first attempt.</paragraph>
      <paragraph indent="1">In the case of a panic, duress, holdup or robbery activation; the alarm business must attempt to verify the alarm signal only after requesting police dispatch. In cases where a crime-in-progress has been verified by real-time audio/video surveillance of an Alarm Site by the Alarm Monitoring Company, a second call is not required, when there are devices that permit either the direct, live listening in or viewing of an Alarm Site or portions thereof.</paragraph>
      <paragraph indent="0">5.2   An alarm business must not request a police response to an alarm signal for seven days after the alarm user registers the alarm system with the FARS or designee, unless this provision is waived in writing by the Director of the FARS because of imminent danger to people or property.</paragraph>
      <paragraph indent="0">5.3   An alarm business must not request a police response to an alarm signal until the alarm user has initially registered the alarm system with the FARS or designee.</paragraph>
      <paragraph indent="0">5.4   An alarm business must provide the following information when contacting the Department of Police, Emergency Communications Center (ECC), to report an activated alarm signal and to request a police response.</paragraph>
      <paragraph indent="1">a)   Name and license number of the alarm business reporting the activated alarm, name or employee number of the alarm business employee making the report, and a call-back telephone number.</paragraph>
      <paragraph indent="1">b)   Registration number issued to the alarm user.</paragraph>
      <paragraph indent="1">c)   Location of the activated alarm, including complete business or homeowner’s name, street address and telephone number.</paragraph>
      <paragraph indent="1">d)   Type of alarm (such as audible or silent, robbery, hold-up, duress, panic, burglary). If the alarm system is zoned, give the specific location of the alarm activation (such as interior, perimeter, vault, motion detection).</paragraph>
      <paragraph indent="1">e)   Any available information about the nonresidential site (such as if the business is open or closed, guards on site, guard dogs, dangerous or special conditions within the location).</paragraph>
      <paragraph indent="1">f)   Any available information about the residential site (such as if the homeowner is present or out of town, presence of pets, handicapped individuals).</paragraph>
      <paragraph indent="1">g)   If a representative of the alarm user or alarm company is responding and their estimated time of arrival.</paragraph>
      <paragraph indent="0">5.5   An alarm business must not request a police response to an alarm signal if the alarm business has been notified by the FARS or designee that:</paragraph>
      <paragraph indent="1">a)   the alarm user has an unpaid alarm response fee due under [County Code] Section 3A-4 and has not appealed the false alarm under Section 3A-5; or</paragraph>
      <paragraph indent="1">b)   the alarm user did not conform their alarm system to the County installation standards under 03A.00.01.06 of this Executive Regulation.</paragraph>
      <paragraph indent="0">5.6   An alarm business must notify the alarm user or designee within seventy-two (72) hours after the alarm business requests police response to a signal from the user’s alarm system. An alarm business may provide such notification to the alarm user or designee by fax or by placing written notice in the mail within seventy-two (72) hours after the alarm business requests police response.</paragraph>
      <paragraph indent="1">The alarm business must keep a record of the date and time for each alarm signal which required a police response. The alarm business must also keep a record of the date, time, and method by which the registered alarm user or designee was notified. Such record must be retained for at least one (1) year (12 months) and must be made available for inspection, upon request, within five (5) working days, by any Montgomery County Police Officer or member of the FARS designated to inspect such records.</paragraph>
      <paragraph indent="0">5.7   An alarm business must cancel any request for police response immediately when the alarm business determines that the alarm signal is a false alarm.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.06Alarm System Installation Standards.">
      <paragraph indent="0">6.1   ALARM INSTALLATION STANDARDS</paragraph>
      <paragraph indent="0">Every alarm system installed after September 1, 1993 must be either U.L. Certificated or meet the below installation standards.</paragraph>
      <paragraph indent="1">a)   All alarm system equipment must be U.L. listed, F.M., I.R.I. or equivalent equipment, used only for the purpose intended by the manufacturer and installed per manufacturer’s specification.</paragraph>
      <paragraph indent="1">b)   Every alarm system must have standby power sufficient to operate the system in a non-alarm status (without being the cause of an alarm activation) for a minimum of four hours.</paragraph>
      <paragraph indent="1">c)   Every alarm system must use only American National Standards Institute (ANSI)\Security Industry Association (SIA) CP-01 listed alarm control panels on all new installations and panel replacements or upgrades.</paragraph>
      <paragraph indent="1">d)   Every alarm system must be grounded under NEC (National Electrical Code) and manufacturers’ standards.</paragraph>
      <paragraph indent="1">e)   Any door or window contact installed for the purpose of activating the alarm system must be hermetically sealed.</paragraph>
      <paragraph indent="1">f)   Any wire splice must be “hot” soldered and taped, or “B” connected according to manufacturers’ specifications. “B” connectors must not be crimped with other than a tool recommended by the manufacturer.</paragraph>
      <paragraph indent="1">g)   Any residential alarm system with an audible alarm must have a sufficient number of sound generating devices to alert or awaken all normal hearing occupants within the alarm user’s premises that an alarm has been activated.</paragraph>
      <paragraph indent="1">h)   Every alarm system using a digital communicator must have a proper phone interface device as required by FCC accessible to the alarm user and mounted within 24" of the control panel.</paragraph>
      <paragraph indent="1">i)   Any hold-up alarm (requiring push button activation) must use simultaneous 2 button activation or a keyed manual reset after activation.</paragraph>
      <paragraph indent="1">j)   All audio detection devices must be either volumetric sound detectors with operator analysis or detectors that require two different inputs within one-half second (or less) to generate an alarm.</paragraph>
      <paragraph indent="1">k)   Every residential alarm system control panel must have either:</paragraph>
      <paragraph indent="2">(i)   push on/pull off connectors to the battery and a description of the transformer location permanently affixed to the inside of the control panel; or</paragraph>
      <paragraph indent="2">(ii)   an on/off switch that disconnects the battery and the transformer from the central processing unit inside the control panel.</paragraph>
      <paragraph indent="1">l)   Transformers must be affixed to an electrical outlet.</paragraph>
      <paragraph indent="1">m)   All alarm system wiring must meet NEC standards and be a minimum of 22 gauge or meet manufacturer’s specifications (whichever is the higher standard). Wiring run through plenum ceilings must be plenum rated.</paragraph>
      <paragraph indent="1">n)   Any alarm system that has a touchpad or other device designed to allow the user to activate the alarm (when in the disarm mode) must be configured as follows:</paragraph>
      <paragraph indent="2">AUDIBLE            SILENT</paragraph>
      <paragraph indent="2">(a)   Panic            (d)   Duress</paragraph>
      <paragraph indent="2">(b)   Fire            (e)   Hold-up</paragraph>
      <paragraph indent="2">(c)   Medical/Emergency</paragraph>
      <paragraph indent="1">o)   Any alarm system reporting to a monitoring center must identify the zone or sensor location of any activation within the system. All alarm systems reporting by zones with multiple sensors must identify a room, suite number, or open area and the open area must not be larger than 2500 square feet.</paragraph>
      <paragraph indent="1">p)   Alarm Systems shall not be capable of sending one plus duress alarms. The Alarm Installation or Servicing Company shall remove the one plus duress alarm feature from Alarm Systems whenever an alarm technician is at the Alarm Site or otherwise accessing the panel for reprogramming purposes.</paragraph>
      <paragraph indent="1">)   Any audible alarm must automatically silence the annunciator within 30 minutes after activation.</paragraph>
      <paragraph indent="0">6.2   INSTALLATION CERTIFICATE</paragraph>
      <paragraph indent="1">An alarm business that installs an alarm system must have at each alarm installation site at least one employee, to supervise the installation of any alarm system, who has passed and maintains a minimum Level 1 certification by NBFAA or equivalent training.</paragraph>
      <paragraph indent="1">Any alarm business that installs an alarm system must provide the alarm user with an Installation Certificate in the form attached here. The alarm business must certify that:</paragraph>
      <paragraph indent="1">a)   the alarm system has been installed as required by County law and these regulations;</paragraph>
      <paragraph indent="1">b)   the person designated by the alarm user as responsible for alarm system operation has received training sufficient to prepare the alarm user to operate the system without false alarms caused by improper operation; and</paragraph>
      <paragraph indent="1">c)   the alarm user has been informed that they must register with the FARS or designee before police dispatch may be requested by an alarm business.</paragraph>
      <paragraph indent="0">MONTGOMERY COUNTY SECURITY ALARM INSTALLATION CERTIFICATE</paragraph>
      <paragraph indent="0">_________________________________________ acknowledges that the alarm system installed at</paragraph>
      <paragraph indent="2">(alarm business)</paragraph>
      <paragraph indent="0">________________________________________________on ___________________ and owned/leased</paragraph>
      <paragraph indent="3">(address)                     (date)</paragraph>
      <paragraph indent="0">by _______________________________________:</paragraph>
      <paragraph indent="2">(name of alarm user)</paragraph>
      <paragraph indent="0">1.   meets or exceeds all of the standards set forth in Montgomery County law and regulations; including those set forth in Chapter 3A, Alarms Alarms and the Executive Regulation on Policies, Procedures and Fees for Alarm Businesses and Alarm Users;</paragraph>
      <paragraph indent="0">2.   that the alarm user, or a representative responsible for alarm system operation, has received training sufficient to prepare the alarm user to operate the system without false alarms caused by improper operation;</paragraph>
      <paragraph indent="0">3.   that the alarm business explained the requirements for registration under the Montgomery County Alarm Law; and</paragraph>
      <paragraph indent="0">4.   that the alarm business has completed and provided the alarm user with a copy of the registration form.</paragraph>
      <paragraph indent="0">Alarm user acknowledges that he/she has received:</paragraph>
      <paragraph indent="0">1.   a copy of the owner's manual for the user's alarm system;</paragraph>
      <paragraph indent="0">2.   information about the requirement for a Montgomery County alarm user registration;</paragraph>
      <paragraph indent="0">3.   a completed copy of the alarm user registration form;</paragraph>
      <paragraph indent="0">4.   training sufficient to operate the system without false alarms caused by improper use; and</paragraph>
      <paragraph indent="0">5.   a completed copy of this form.</paragraph>
      <paragraph indent="0">________________________________________      ____________________________________</paragraph>
      <paragraph indent="2">Alarm Business                  Alarm User</paragraph>
      <paragraph indent="1">(Officer or Authorized Agent)</paragraph>
      <paragraph indent="0">________________________________________      _____________________________________</paragraph>
      <paragraph indent="2">(date)                        (date)</paragraph>
    </subsection>
    <subsection heading="03A.00.01.07Inspection and Upgrade Certificates.">
      <paragraph indent="0">7.1   An alarm user must have the alarm user’s alarm system inspected by an alarm business licensed in Montgomery County after 3 false alarms from the system in a calendar year.</paragraph>
      <paragraph indent="0">7.2   Within 21 days of notification to the alarm user from the County, the alarm user and alarm business must submit a completed Inspection Certificate to the FARS or designee, that certifies the alarm system has been inspected, is in proper working condition, and that appropriate persons have been re-educated in the proper operation of the alarm system.</paragraph>
      <paragraph indent="0">7.3   The FARS or designee may waive an inspection requirement if it determines that a sufficient number of false alarms in a calendar year could not have been related to a defect or malfunction in the alarm system.</paragraph>
      <paragraph indent="0">7.4   An alarm user must have the alarm user’s alarm system upgraded to meet installation standards defined in 03A.00.01.06 of this regulation after 6 false alarms from the system in a calendar year.</paragraph>
      <paragraph indent="0">7.5   Within 30 days of notification to the alarm user from the County, the alarm user and alarm business must submit a completed Upgrade Certificate to the FARS or designee, that certifies the alarm system has been upgraded to meet or exceed installation standards defined in 03A.00.01.06 of this regulation.</paragraph>
      <paragraph indent="0">7.6   The FARS or designee may waive an upgrade requirement if it determines that a sufficient number of false alarms in a calendar year could not have been related to a defect or malfunction in the alarm system.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.08Alarm Business License Fee.">
      <paragraph indent="0">8.1   The nonrefundable alarm business license fee is Two Hundred Dollars ($200).</paragraph>
      <paragraph indent="0">8.2   The alarm business license will be valid for one year from date of issue and must be renewed annually.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.09 Alarm User Registration and Renewal Fees.">
      <paragraph indent="0">9.1   The nonrefundable alarm user registration fee for residential alarm users is Thirty Dollars ($30.00) and for non-residential alarm users is Sixty dollars ($60).</paragraph>
      <paragraph indent="0">9.2   The nonrefundable biennial renewal alarm user registration fee for residential and non-residential alarm users is Twenty dollars ($20).</paragraph>
    </subsection>
    <subsection heading="03A.00.01.10False Alarm Response Fees.">
      <paragraph indent="0">10.1   All alarm users must either pay a false alarm response fee due under Section 3A-4(a) of Chapter 3A, Alarms, of the Montgomery County Code, as set forth in the following tables for residential and non-residential false alarm response fees, or appeal the false alarm under Section 3A-5 of Chapter 3A, Alarms, of the Montgomery County Code, within twenty-one (21) days of mailing the notification to the alarm user’s registered address by the FARS or designee, for each false alarm from the user’s alarm system over 1 in a calendar year.</paragraph>
      <paragraph indent="1">Non-residential False Alarm Response Fees</paragraph>
      <paragraph indent="0">False Alarm Signal Occurrence | False Alarm Response Fee*</paragraph>
      <paragraph indent="1">*An additional fee of $100.00 applies to the first response and each subsequent response to a false alarm from an alarm system whose registration has expired.</paragraph>
      <paragraph indent="1">Residential False Alarm Response Fees</paragraph>
      <paragraph indent="0">False Alarm Signal Occurrence | False Alarm Response Fee*</paragraph>
      <paragraph indent="1">*An additional fee of $100.00 applies to the first response and each subsequent response to a false alarm from an alarm system whose registration has expired.</paragraph>
      <paragraph indent="0">10.2   If an alarm user fails to pay a false alarm response fee as set forth in 03A.00.01.10, Sec. 10.1 of this Executive Regulation or fails to appeal the false alarm as set forth in 03A.00.01.11 of this Executive Regulation, the alarm user’s alarm business or monitoring company will be advised by the FARS or designee that the user failed to either pay their fee or appeal the false alarm. The alarm business or monitoring company must not request police dispatch and the Police Department must not respond to any alarm signal at the alarm user’s location until the alarm user pays the outstanding fee.</paragraph>
      <paragraph indent="0">10.3   If an unmonitored alarm user fails to pay a false alarm response fee as set forth in 03A.00.01.10, Sec. 10.1 of this Executive Regulation or fails to appeal the false alarm as set forth in 03A.00.01.11 of this Executive Regulation, the Emergency Communications Center of the Montgomery County Department of Police will be advised by the FARS or designee that the alarm user failed to either pay their fee or appeal the false alarm. The Emergency Communications Center must not dispatch police to any alarm at the alarm user’s location until the alarm user pays the outstanding fee.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.11False Alarm Appeal Process and Filing Fee.">
      <paragraph indent="0">11.1   An Alarm user may appeal the Police Department’s determination that an alarm signal was a false alarm first and informally to the Chief of the Montgomery County Department of Police or designee within 21 days after a notice of a false alarm is mailed to the alarm user. A filing fee of $15.00 must be included with the informal appeal request. Failure to remit the fee will result in a dismissal of the appeal. The filing fee must be returned to the alarm user if the informal appeal is granted.</paragraph>
      <paragraph indent="0">11.2   The informal appeal must be in writing and contain sufficient information to determine the events surrounding the Police Department’s response.</paragraph>
      <paragraph indent="0">11.3   The Chief of the Montgomery County Department of Police or designee will review the appeal and provide a decision based on the facts of the case.</paragraph>
      <paragraph indent="0">11.4   An alarm user may appeal the decision of the Chief of the Montgomery County Department of Police or designee to the Chief Administrative Officer or designee.</paragraph>
      <paragraph indent="0">11.5   Any appeal to the Chief Administrative Officer or designee must be in writing and include a filing fee for residential and non-residential alarm users. Appeal filing fees will be equal to those fees set in accordance with Section 2-113 of the Montgomery County Code for administrative appeals before the Montgomery County Board of Appeals.</paragraph>
      <paragraph indent="0">11.6   The decision of the Chief Administrative Officer or designee may be appealed to the Circuit Court for Montgomery County under the Maryland Rules of Procedure.</paragraph>
      <paragraph indent="0">11.7   An appeal filing fee submitted in accordance with Section 2-113 of the Montgomery County Code for administrative appeals shall be refunded to the alarm user who paid the appeal filing fee if there is a final decision by the Chief Administrative Officer or designee finding in favor of the alarm user subsequent to an appeal hearing.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.12Distribution of False Alarm Information.">
      <paragraph indent="0">12.1   The FARS or designee may collect, analyze and disclose statistical information about a specific alarm company’s false alarm experience.</paragraph>
      <paragraph indent="0">12.2   The FARS will determine the false alarm rates for each alarm business based on the number of alarm users of record for each alarm business contained within the FARS’s database.</paragraph>
      <paragraph indent="0">12.3   This regulation requires that all alarm businesses ensure registration of its customers and provide the FARS with the name of any alarm user who cancels or otherwise terminates their alarm services with the alarm business. The FARS is responsible only for ensuring the accuracy of the false alarm rates and is not responsible for ensuring the accuracy of alarm company or alarm user supplied information.</paragraph>
      <paragraph indent="0">12.4   The FARS may provide information about a specific alarm company’s false alarm experience to the Montgomery County Division of Consumer Affairs for inclusion in any disclosure report about a specific alarm business.</paragraph>
      <paragraph indent="0">12.5   The FARS may disclose and/or publish information about a specific alarm company’s false alarm experience upon reasonable request and as often as is practicable.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.13Exemptions.">
      <paragraph indent="0">13.1   Local, state or federal government facilities that use an alarm system which can elicit a response by County law enforcement personnel are not exempt from payment of registration and false alarm response fees.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.14Severability.">
      <paragraph indent="0">If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.</paragraph>
    </subsection>
    <subsection heading="03A.00.01.15Effective Date.">
      <paragraph indent="0">This regulation becomes effective upon approval by County Council.</paragraph>
    </subsection>
  </regulation>
</section>