COMCOR 03A.00.01 Policies, Procedures and Fees for Alarm Businesses and Alarm Users

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.

1.2 Alarm signal means the activation of an alarm system.

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.

1.4 Alarm user means:

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.

The license application must include, but is not limited to:

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).

b) The number of active residential and nonresidential alarm customers in Montgomery County with which the alarm business conducts business.

c) The name, address, and telephone number of the official responsible for the operation of the alarm business in Montgomery County.

d) Background criminal history information.

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.

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.

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.

a) An applicant must not conduct business in Montgomery County until the alarm business license is approved.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

a) Availability of police units

b) Priority of calls

c) Weather conditions

d) Traffic Conditions

e) Emergency conditions

f) Staffing levels

3.6 The registration form for the alarm user must contain, but is not limited to, the following information:

a) RESIDENTIAL REGISTRATION

Registration Number

Name, address, telephone number and driver’s license or social security number, if not licensed, of the alarm user for the alarmed location.

Dangerous or special conditions information at location.

Type of alarm system: burglary, robbery, panic, duress, medical alert, etc.

Names, addresses and telephone numbers of two (2) persons* who are able to and have agreed to:

1) Receive notification of an alarm activation at any time;

2) Respond to the alarm site within one (1) hour; and

3) Grant access to the alarm site and deactivate the alarm system if such becomes necessary.

4) The Department of Police may waive, under extraordinary circumstances, the requirement to have two (2) contact persons listed on a residential registration form.

Name, address, telephone number, and Business License Number(s) of the alarm business that installed and/or monitors the alarm systems, if applicable.

A statement as to whether the alarm user had ever previously registered an alarm system in Montgomery County.

*An alarm business will be acceptable in lieu of one (1) person.

b) NONRESIDENTIAL REGISTRATION

Registration number

Nonresidential alarm user’s name and trade name, if different.

Employer ID number (EIN).

Street address where alarm system is located, including room or suite number.

Telephone number at the alarmed location.

Type of business or activity conducted at the alarmed location.

Type of alarm system: burglary, robbery, duress, panic, etc.

Dangerous or special conditions information at location.

Parent company name, address and telephone number.

Name and telephone number of person responsible at the parent company location for the alarm system at the alarmed location.

Names, addresses, and telephone numbers of three (3) persons* who are able and have agreed to:

1) Receive notification of an alarm activation at any time;

2) Respond to the alarm site within one (1) hour; and

3) Grant access to the alarm site and deactivate the alarm system if such becomes necessary.

Name, address, telephone number, and Business License Number(s) of the alarm business that installed and/or monitors the alarm system, if applicable.

A statement as to whether the alarm user had every previously registered an alarm system or been issued a permit in Montgomery County.

*An alarm business will be acceptable in lieu of one (1) person.

3.7 The alarm user registration form must contain a synopsis of Chapter 3A, Alarms Alarms, of the Montgomery County Code.

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.

3.9 Each registration remains in effect until the registrant relinquishes control of the alarm site or the registration is suspended or revoked.

3.10 The initial, nonrefundable registration fee for non-residential alarm users is Sixty dollars $60..

3.11 The initial, nonrefundable registration fee for residential alarm users is Thirty Dollars ($30.00).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

b) Registration number issued to the alarm user.

c) Location of the activated alarm, including complete business or homeowner’s name, street address and telephone number.

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).

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).

f) Any available information about the residential site (such as if the homeowner is present or out of town, presence of pets, handicapped individuals).

g) If a representative of the alarm user or alarm company is responding and their estimated time of arrival.

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:

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

b) the alarm user did not conform their alarm system to the County installation standards under 03A.00.01.06 of this Executive Regulation.

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.

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.

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.

6.1 ALARM INSTALLATION STANDARDS

Every alarm system installed after September 1, 1993 must be either U.L. Certificated or meet the below installation standards.

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.

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.

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.

d) Every alarm system must be grounded under NEC (National Electrical Code) and manufacturers’ standards.

e) Any door or window contact installed for the purpose of activating the alarm system must be hermetically sealed.

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.

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.

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.

i) Any hold-up alarm (requiring push button activation) must use simultaneous 2 button activation or a keyed manual reset after activation.

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.

k) Every residential alarm system control panel must have either:

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.

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.

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.

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.

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.

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.

8.1 The nonrefundable alarm business license fee is Two Hundred Dollars ($200).

8.2 The alarm business license will be valid for one year from date of issue and must be renewed annually.

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).

9.2 The nonrefundable biennial renewal alarm user registration fee for residential and non-residential alarm users is Twenty dollars ($20).

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.

Non-residential False Alarm Response Fees

False Alarm Signal Occurrence | False Alarm Response Fee*

*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.

Residential False Alarm Response Fees

False Alarm Signal Occurrence | False Alarm Response Fee*

*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.

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.

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.

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.

11.2 The informal appeal must be in writing and contain sufficient information to determine the events surrounding the Police Department’s response.

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.

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.

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.

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.

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.

12.1 The FARS or designee may collect, analyze and disclose statistical information about a specific alarm company’s false alarm experience.

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.

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.

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.

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.

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.

If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.

This regulation becomes effective upon approval by County Council.