Sun Sep 05 2010
By TODD HELBERG
False fire alarms in Defiance could come at some cost to those who cause them.
City council's police and fire committee recommended during its meeting Tuesday night that fees or civil penalties be imposed for chronic false alarms emanating from the same device.
On another issue, the committee decided not to pursue legislation that would require smoke detectors in all residences. This topic has smoldered since being suggested -- but not acted upon -- 19 months ago by Fire Chief Mark Marentette.
During the meeting, Assistant Fire Chief Pete Schlosser said his department has handled nearly 70 false fire alarms this year. He said these have been generated by approximately 10 different properties.
According to Schlosser, each false alarm costs the department a minimum of $420 and as much as $758. This accounts for the expense of calling in off-duty personnel to man the station during the run.
Schlosser's solution: Council should establish a fee or penalty for the property owner after a third false alarm is generated within a specified time from the same device.
Although Schlosser said he was not prepared at that time to propose a fee schedule for third strikes, he mentioned $350 with the amount increasing in $100 increments for subsequent violations. A one-year time frame for violations was discussed.
The police and fire committee, composed of At-large Councilmen Steve Hubbard and Ellen Upp and Ward II Councilman Larry Bryant voted 3-0 to proceed with the fee idea. Schlosser plans to propose a fee schedule at the committee's next meeting on Sept. 23.
But the committee turned down another suggestion: requiring functioning smoke detectors in all city residential properties.
According to Schlosser, "hard-wired" smoke detectors are required under state codes for all new homes. However, there is no such requirement for older residences, nor rental properties with three or fewer units.
Bryant questioned the proposal because, he noted, some tenants have a tendency to take batteries from smoke detectors and use them for other purposes.
Before the discussion went any further, city law director David Williams advised against legislation.
Among other things, he said the city has adopted the state housing code, which doesn't require smoke detectors in all homes. This could create a potential liability problem for landlords, he added.
For example, a tenant could sue a landlord following a fire in a rental property, and it would be difficult for the owner to prove that a functioning smoke detector was installed.
Too, Williams opined, enforcing the requirement would be nearly impossible.
"It's just not a real good idea to be making mandatory laws if you can't enforce them," said Williams. "This creates more problems than it solves, I think."
Instead, he suggested that City Hall rely more on public education and the fire department's existing smoke detector program. The committee agreed.
"I don't disagree with David (Williams)," said Schlosser. "It's an educational thing."
According to the assistant fire chief, the fire department has approximately 150 smoke detectors available -- along with batteries -- to give away. These were made possible through a cash donation from Wal-Mart, he said.
City administrator Jeff Leonard also said the city's utility billing office could develop a pamphlet informing residents about the smoke detector program.
And, Upp suggested that city officials meet with Defiance College about the matter. Perhaps, she said, college students could visit rental properties on a specified day and make smoke detectors available.
"I think before we start legislating, we need to increase the education and awareness ...," concluded Hubbard, the police and fire committee's chairman.
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