TOWNSHIP OF MONTCLAIR
ORDINANCE ADOPTING A NEW BURGLAR AND FIRE ALARM
ORDINANCE FOR THE TOWNSHIP OF MONTCLAIR AND AMENDING CHAPTER 71 OF THE TOWNSHIP
CODE____________________________________________________________
.
April
11, 2006
BE IT ORDAINED by the Council of the Township of Montclair, in the County of Essex,
that Chapter 71 of the Township Code (“Alarm Systems”) be and is hereby repealed
in its entirety and replaced with the following:
Chapter 71.
Burglar and Fire Alarm Ordinance.
§71-1.
Purpose.
A.
The purpose of this
Ordinance is to encourage alarm users and alarm companies to properly use and
maintain the operational effectiveness of alarm systems in order to improve the
reliability of Alarm Systems and reduce or eliminate false alarms.
B.
This Ordinance governs
alarm systems intended to summon law enforcement response, and requires
registration, establishes fees, provides for penalties for violations, and
establishes a system of administration.
§71-2.
Definitions.
A.
“Alarm Administrator”
means the person designated by the Montclair Police and Fire Department to
administer, control and review False Alarm reduction efforts, provide public
reports regarding alarm response statistics, and administer the provisions of
this Ordinance.
B. “Alarm
Installation Company” means a Person in the business of selling, providing,
maintaining, servicing, repairing, altering, replacing, moving or installing an
Alarm System in an Alarm Site.
C. “Alarm
Notification” means a timely verbal report to the Montclair Police or Fire
Department that an alarm, either manual or automatic, has been activated at a
particular Alarm Site.
D. “Alarm
Registration” means authorization in accordance with this Ordinance granted by
the Alarm Administrator to an Alarm User to operate an Alarm System.
E. “Alarm
Site” means a single fixed premises or location served by an Alarm System or
Systems. Each unit, if served by a
separate Alarm System in a multi-unit building or complex, shall be considered
a separate Alarm Site.
F. “Alarm
System” means a device or series of devices, including, but not limited to,
hardwired systems and systems interconnected with a radio frequency method such
as cellular or private radio signals, which emit or transmit a remote or local
audible, visual or electronic signal indicating an alarm condition and intended
to summon law enforcement or fire response, including Local Alarm Systems. The term “Alarm System” does not
include an alarm installed in a vehicle or on someone’s person unless the
vehicle or the personal alarm is permanently located at a site.
G. “Alarm
User” means any Person who has contracted for monitoring, repair, installation
or maintenance service from an Alarm Installation Company or Monitoring Company
for an Alarm System, or who owns or operates an Alarm System which is not
monitored, maintained or repaired under contract.
H. “Arming
Station” means a manually operated device that allows control of an Alarm
System.
I.
“Automatic Voice Dialer”
means any electrical, electronic, mechanical, or other device capable of being
programmed to send a prerecorded voice message, when activated, over a
telephone line, radio or other communication system, to a law enforcement,
public safety or emergency services agency requesting dispatch.
J.
“Cancellation” means
notification given to the Montclair Police or Fire Department by a Monitoring Company
(designated by the Alarm User) subsequent to an alarm notification for the
Alarm Site, that there is no emergency at the Alarm Site requiring a law
enforcement officer or fire fighter’s response.
K.
“Conversion” means the
transaction or process by which one Alarm Installation Company or Monitoring
Company begins the servicing and/or Monitoring or a previously unmonitored
Alarm System or an Alarm System previously serviced and/or maintained by
another alarm company.
L.
“Duress Alarm” means a
silent Alarm System signal generated by the entry of a designated code into an
Arming Station in order to signal that the Alarm User is being forced to turn off
the system, the safety of the alarm user is threatened and protection of a
sworn officer or fire fighter is required.
M.
“False Alarm” means an
Alarm Dispatch Request to the Montclair Police Department, when the responding
officer finds no evidence of a criminal offense or attempted criminal offense
after having completed a timely investigation of the Alarm Site and there is no
indication that an abnormal weather condition or other severe event could have
caused the generation of an alarm.
“False Alarm” also means an Alarm Dispatch Request to the Montclair Fire
Department, when the responding fire fighter does not find any evidence of a
fire or fire emergency after completing a timely investigation of the alarm
site.
N.
“Holdup Alarm” means a
silent alarm signal generated by the manual activation of a device intended to
signal a robbery in progress.
O.
“License” means a
license issued by the State of New Jersey to an Alarm Installation Company or
Monitoring Company to sell, install, monitor, repair, or replace Alarm Systems.
P.
“Local Alarm System”
means any Alarm System which is not monitored and which annunciates an alarm
condition only at or near the Alarm Site.
Q.
“Monitoring” means the
process by which a Monitoring Company receives alarm signals and other Alarm
System condition signals from Alarm Systems and relays Alarm Notifications to
the Montclair Police or Fire Department and to other emergency response
agencies.
R.
“Monitoring Company”
means a Person in the business of providing Monitoring services.
S.
“One Plus Duress Alarm”
means the manual activation of a silent alarm by entering at an Arming Station
a code that adds one to the last digit of the normal arm/disarm code (e.g.,
normal code = 1234, One Plus Duress Code = 1235).
T.
“Panic Alarm” means an
audible Alarm System signal generated by the manual activation of the device
intended to signal a personal safety or other emergency situation requiring the
protection of a law enforcement officer or fire fighter.
U.
“Person” means an
individual, corporation, partnership, association, organization or similar
entity.
V.
“Responder” means an
individual capable of reaching the Alarm Site within 30 minutes and having
access to the Alarm Site, the operating codes for the Alarm System and the
authority to approve repairs to the Alarm System.
W.
“Chief” means the Chief
of the Montclair Police or Fire Department.
X.
“SIA Control Panel
Standard CP-01” means the ANSI American National Standard Institute approved
Security Industry Association SIA CP-01 Control Panel Standard, as may be
updated from time to time, that details recommended design features for
security system control panels and their associated arming and disarming
devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters
Laboratory (UL), or other nationally recognized testing organizations, will be
marked to state: “Design evaluated in accordance with SIA CP-01 Control Panel
Standard Features for False Alarm Reduction.”
Y.
“Takeover” means the
transaction or process by which an Alarm User assumes or acquires ownership of
an existing Alarm System which was previously owned by another Alarm User.
Z.
“Verify” means an
attempt by a Monitoring Company, or its representative, to contact the Alarm
Site and/or Alarm User by telephone and/or other electronic means, whether or
not actual contact with a Person is made, to determine whether an alarm signal
is valid before requesting law enforcement dispatch, in an attempt to avoid an
unnecessary Alarm Dispatch Request.
For the purpose of this ordinance, telephone verification shall require
as a minimum that a second call be made to a different number, if the first
attempt fails to reach an Alarm User who can properly identify themselves to
determine whether an alarm signal is valid before requesting official dispatch.
AA.
“Zone” means a division
of devices into which an Alarm System is divided to indicate the general
location from which an Alarm System signal is transmitted.
§71-3. Registration
Required; Application; Fee; Transferability; False Statements.
A. No
Alarm User shall operate, or cause to be operated, an Alarm System at its Alarm
Site without a valid Alarm Registration.
A separate Alarm Registration is required for each Alarm Site.
B. The
fee for an Alarm Registration or an Alarm Registration renewal is set forth
below and shall be paid by the Alarm User.
·
Registration Fees: $50.00
·
Renewal Fees: $50.00
·
Late fee for non-payment
within 30 days of notification of an initial Registration fee or Renewal Fee:
$25.00
C. Existing
alarm systems. Any alarm
system which has been installed before the effective date of this chapter shall
be registered by the Alarm User within sixty (60) days of such effective
date. Within (15) days of written
modification from the Alarm Administrator, an Alarm Installation Company or
Monitoring Company shall provide a list of existing Alarm Users in the Township
(provided such information is not protected from disclosure by any federal,
state or local requirements).
D. New
alarm systems. Any Alarm
Installation company that installs an Alarm System on premises located within
the Township shall, within (10) days from the date of installation, notify the
Alarm Administrator, using a form provided by the Alarm Administrator, that an
Alarm System has been installed and send to the Alarm Administrator the name
and address of the Alarm User and a copy of the Police and Fire Department’s False
Alarm Prevention Checklist.
Failure of an Alarm Installation Company to notify the Alarm
Administrator of a new Alarm System installation within ten (10) days after
installation shall result in a $100.00 fine to the Alarm Installation
Company. Information provided in
accordance with this requirement shall be treated as private and proprietary
information and not made available to any person outside of the Montclair
Police or Fire Department or its bonded administration contractor.
E. Upon
receipt of a completed Alarm Registration application form and the Alarm
Registration fee, the Alarm Administrator shall register the applicant by
entering the required data into the Police and Fire Department’s alarm
administration system data base.
F. Each
Alarm Registration application must include the following information:
1.
the name, complete
address (including apt/suite number), and telephone numbers of the Person who
will be the registration holder and be responsible for the proper maintenance
and operation of the Alarm System and payment of fees assessed under this
article; and
2.
the classification of
the Alarm Site as either residential (including apartment, condo, mobile home,
etc.) or commercial; and
3.
for each Alarm System
located at the Alarm Site, the classification of the Alarm System (i.e.
burglary, Holdup, Duress, Panic Alarms or other) and for each classification whether
such alarm is audible or silent; and
4.
mailing address, if
different from the address of the Alarm Site; and
5.
any dangerous or special
conditions present at the Alarm Site such as dogs or other animals; and
6.
names and telephone
numbers of at least two individuals who are able and have agreed to: (a)
receive notification of an Alarm System activation at any time; (b) respond to
the Alarm Site within 30 minutes at any time; and (c) upon request can grant
access to the Alarm Site and deactivate the Alarm System if necessary; and
7.
type of business
conducted at a commercial Alarm Site; and
8.
signed certification
from the Alarm User stating the following:
a.
the date of
installation, Conversion or Takeover of the Alarm System, whichever is
applicable; and
b.
the name, address and
telephone number of the Alarm Installation Company or companies performing the
Alarm System installation, Conversion or Takeover and of the Alarm Installation
Company responsible for providing repair service to the Alarm System; and
c.
the name, address and
telephone number of the Monitoring Company if different from the Alarm
Installation Company; and
d.
that a set of written
operating instructions for the Alarm System, including written guidelines on
how to avoid False Alarms, have been delivered to the applicant by the Alarm
Installation Company; and
e.
that the Alarm
Installation Company has trained the applicant in the proper use of the Alarm
System, including instructions on how to avoid False Alarms.
9.
that the Police and Fire
Department response may be influenced by factors including, but not limited to,
the availability of officers or fire fighters, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels, etc.
G.
Any false statement of a
material fact made by an applicant for the purpose of obtaining an Alarm
Registration shall be sufficient cause for refusal to issue a registration.
H.
An Alarm Registration
cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm Administrator
of any change that alters any of the information listed on the Alarm
Registration application within five (5) business days of such change.
I.
All fines and fees owed
by an applicant must be paid before an Alarm Registration may be issued or renewed.
§71-3.1. Alarm Registration Duration and Renewal. An
Alarm Registration shall expire 1 year from the date of issuance, and must be
renewed annually by submitting an updated application and a registration
renewal fee to the Alarm Administrator.
The Alarm Administrator shall notify each Alarm User of the need to
renew thirty (30) days prior to the expiration of the registration. It is the responsibility of the Alarm
User to submit an application prior to the registration expiration date. Failure to renew will be classified as
use of a non-registered Alarm System and penalties may be assessed in
accordance with this Ordinance. A $25
late fee may be assessed if the renewal is more than thirty (30) days late.
§71-4.
Duties of the Alarm User.
A.
An Alarm User shall:
1.
maintain the Alarm Site
and the Alarm System in a manner that will minimize or eliminate False Alarms;
and
2.
make every reasonable
effort to have a Responder arrive at the Alarm System’s location within 30
minutes after being requested by the
law enforcement agency to attend to:
a.
deactivate an Alarm
System;
b.
provide access to the
Alarm Site; and/or
c.
provide alternative
security for the Alarm Site.
3.
not activate an
emergency Alarm condition for any reason other than an occurrence of an emergency
event that the Alarm System was intended to report.
B. An
Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so
than an alarm signal audible on the exterior of the Alarm Site will sound for
no longer than (10) minutes after being activated.
C. An
Alarm User shall have an Alarm Installation Company inspect the Alarm System
after two (2) False Alarms in a one (1) year period. The Alarm Administrator may waive a required inspection if
it determines that a False Alarm could not have been related to a defect or
malfunction in the Alarm System.
After four (4) False Alarms within a one (1) year period, the Alarm User
must have an Alarm Installation Company modify the Alarm System to be more
false alarm resistant or provide additional user training as appropriate.
D. An
Alarm User shall not use Automatic Voice Dialers.
E.
An Alarm User shall
maintain at each Alarm Site a set of written operating instructions for each
Alarm System.
F.
All Alarm Users shall
agree with their Alarm Installation Company and/or Monitoring Company to an
“acclimation period” for the first seven (7) days after installation of an
Alarm System during which time the Alarm Installation Company and/or Monitoring
Company will have no obligation to and will not respond to any Alarm Signal
from the Alarm Site and will not make an Alarm Dispatch Request to law
enforcement personnel, even if the Alarm Signal is the result of an actual
alarm event.
§71-5. Duties of Alarm
Installation Companies and Monitoring Companies.
A. An
Alarm Installation Company shall provide written and oral instructions to each
of its Alarm Users in the proper use and operation of its Alarm Systems. Such instructions will specifically
include all instructions necessary to turn the Alarm System on and off and to
avoid False Alarms.
B. Upon
the effective date of this Ordinance, Alarm Installation Companies shall not program Alarm Systems so that
they are capable of sending One Plus Duress Alarms. Monitoring Companies may continue to report One Plus Duress
Alarms received from Alarm Systems programmed with One Plus Duress Alarms prior
to enactment of this Ordinance.
However, upon the effective date of this Ordinance, when a Takeover or
Conversion occurs or if an Alarm User requests an Alarm System inspection or
modification pursuant to Section 71-4(C) of this Ordinance, an Alarm
Installation Company must remove the One Plus Duress Alarm capability from such
Alarm Systems.
C. Alarm
Installation Companies shall not install a device to activate a Holdup Alarm,
which is a single action, non-recessed button.
D. Effective
ninety (90) days after enactment of this Ordinance, Alarm Installation
Companies shall, on new installations, use only alarm control panels which meet
SIA Control Panel Standard CP-01.
E. An
alarm company shall not use Automatic Voice Dialers.
F. Upon
completion of the installation of an Alarm System, an Alarm Installation
Company employee shall review with the Alarm User the Police and Fire Department’s
“False Alarm Prevention Checklist” or an equivalent checklist approved by the
Alarm Administrator.
G.
The Monitoring Company
shall not provide an Alarm Notification to a burglar alarm signal, excluding
Panic, Duress and Holdup signals, during the first seven (7) days following
installation of an Alarm System.
The Alarm Administrator may grant an Alarm User’s request for an
exemption from this waiting period based upon a determination that special
circumstances substantiate the need for exemption.
H.
A Monitoring Company
shall:
1.
report alarm signals
used by telephone numbers designated by the Alarm Administrator; and
2.
verify every alarm
signal, except a Duress or Holdup Alarm activation before providing an Alarm
Notification to an Alarm System signal; and
3.
communicate Alarm
Notifications to the Police or Fire Department in a manner and form determined
by the Alarm Administrator; and
4.
communicate
Cancellations to the Police or Fire Department in a manner and form determined
by the Alarm Administrator; and
5.
ensure that all Alarm
Users of Alarm Systems equipped with a Duress, Holdup or Panic Alarm are given
adequate training as to the proper use of such Alarms; and
6.
communicate any
available information about the location on all alarm signals related to the
Alarm Dispatch Request (north, south, front, back, floor, etc.); and
7.
communicate type of
alarm activation (silent or audible, interior or perimeter); and
8.
provide an Alarm User
registration number when providing an Alarm Notification; and
9.
after an Alarm
Notification, promptly advise the Police or Fire Department if the Monitoring
company knows that the Alarm User or the Responder is enroute to the Alarm
Site; and
10.
attempt to contact the
Alarm User or Responder within 24 hours via mail, fax, telephone or other
electronic means when an Alarm Dispatch Request is made; and
11.
upon the effective date
of this Ordinance, Monitoring Companies must maintain for a period of at least
one (1) year from the date of the Alarm Dispatch Request, records relating to
Alarm Notifications. Records must
include the name, address and telephone number of the Alarm User, the Alarm
System Zone(s) activated, the time of Alarm Dispatch Request and evidence of an
attempt to Verify. The Alarm
Administrator may request copies of such records for individually named Alarm
Users. If the request is made
within sixty (60) days of an Alarm Dispatch Request, the Monitoring Company
shall furnish requested records within three (3) business days of receiving the
request. If the records are requested between sixty (60) days to one (1) year
after an Alarm Dispatch Request, the Monitoring Company shall furnish the
requested records within thirty (30) days of receiving the request.
I.
An Alarm Installation
Company and/or Monitoring Company that purchases Alarm System accounts from
another Person shall notify the Alarm Administrator of such purchase and
provide such details as may be reasonably requested by the Alarm Administrator.
§71-5.1.
License or Licensing. All Alarm Installation Companies and Monitoring
Companies shall maintain any and all Licenses required by the State of New
Jersey.
§71-6. Duties and
Authority of the Alarm Administrator.
A. The
Alarm Administrator shall:
1.
designate the manner,
form and telephone numbers for the communication of Alarm Notifications; and
2.
establish a procedure to
accept Cancellation of Alarm Notifications.
B. The
Alarm Administrator shall establish a procedure to record such information on
Alarm Notifications necessary to permit the Alarm Administrator to maintain
records, including but not limited to, the information listed below:
1.
identification of the
registration number for the Alarm Site; and
2.
identification of the
Alarm Site; and
3.
date and time Alarm
Notification was received, including the name of the Monitoring Company and the
Monitoring operator name and number; and
4.
date and time of officer
or fire fighter’s arrival at the Alarm Site; and
5.
alarm zone and zone
description, if available; and
6.
name of Alarm User’s
representative at the Alarm Site, if any; and
7.
identification of the
responsible Alarm Installation Company or Monitoring Company; and
8.
cause of alarm signal,
if known.
C. The
Alarm Administrator shall establish a procedure for notification to the Alarm
User of a False Alarm. The notice
shall include the following information:
1.
the date and time of the
law enforcement officer or fire fighter’s response to the False Alarm; and
2.
a statement urging the
Alarm User to ensure that the Alarm System is properly operated, inspected and serviced in
order to avoid False Alarms and resulting fines.
D. The
Alarm Administrator may require a conference with an Alarm User and the Alarm
Installation Company and/or Monitoring Company responsible for the repair or
monitoring of the Alarm System to review the circumstances of each False Alarm.
E. The
Alarm Administrator may require an Alarm User to remove a Holdup Alarm that is
a single action, non-recessed button, if a false Holdup Alarm has occurred.
F. The
Alarm Administrator will make a copy of this Ordinance and/or an Ordinance summary
sheet available to the Alarm User.
§71-7. Fines and Fees
for Services.
A. An
Alarm User shall be assessed a service fee for False Alarms within a 12-month
period according to the following schedule:
# of False Alarms Service
Fee
1 Complimentary
2 $50.00
3 $100.00
4 or more $200.00
Late fee for False Alarm Invoices not paid within 30
days: $25
B. In
addition to the service fee set forth above, any Person operating a
non-registered Alarm System will be subject to an additional fee of $100 for each False Alarm. The Alarm Administrator may waive this additional fee for a
non-registered system if the Alarm User submits an application for Alarm
Registration within ten (10) days after notification of such violation.
C. If
Cancellation occurs prior to law enforcement or fire department personnel arriving
at the scene, this shall not be considered a False Alarm, and no service fee
will be assessed.
D. The Alarm
Installation Company shall be assessed a fee of $100 if the officer or fire fighter
responding to the False Alarm determines that an on-site employee of the Alarm
Installation Company directly caused the False Alarm, and the False Alarm will
not be assessed against the Alarm User.
E. The
Monitoring Company shall be assessed a fee of $100 for each failure to Verify
Alarm System signals as specified in Section 71-5(H)(2) of this Ordinance.
F. The
Alarm Installation Company shall be assessed a fee of $200 if the Alarm Administrator determines that an Alarm
Installation Company employee knowingly made a false statement concerning the
inspection of an Alarm Site or the performance of an Alarm System.
§71-8. Notification. The
Alarm Administrator shall notify the Alarm User in writing after each False
Alarm. The notification shall include:
the amount of the fee for the False Alarm, and a description of the appeals
procedure available to the Alarm User.
§71-9. Appeals.
A. If
a fee or fine is assessed, the Alarm Administrator shall send a written notice
of the assessment and a statement of the right to appeal to the affected
applicant or Alarm User and the Alarm Installation Company and/or Monitoring
Company.
B. Any
Alarm User, Alarm Installation Company or Monitoring Company may appeal the
assessment of a fee or fine to the Alarm Administrator by setting forth in
writing the reasons for the appeal within fifteen (15) business days after notification
of the fee.
C. Any
Alarm User, Alarm Installation Company or Monitoring Company may appeal the
decision of the Alarm Administrator to the Police or Fire Chief or his designee
as follows:
1. The Alarm User, Alarm Installation Company or
Monitoring Company shall file a written request for review. The request must be
made within twenty (20) business days after notification of the decision from
the Alarm Administrator.
2. The
Chief or his designee shall conduct a hearing within thirty (30) days of
receipt of the request. The Chief or his designee shall render a decision based
in the preponderance of the evidence presented at the hearing. The Chief or his designee shall render
a decision affirming or reversing the decision of the Alarm Administrator within
fifteen (15) days after the hearing is concluded.
D. The
filing of an appeal shall stay the action
by the Alarm Administrator requiring payment of any fee or fine, until the Chief
or his designee has completed his review.
If an appeal is not filed within the aforementioned twenty (20) business
day period, the action of the Alarm Administrator shall be final.
E. The
Alarm Administrator or Chief may adjust the number of False Alarms assessed
against an Alarm User based on:
1.
Evidence that a False
Alarm was caused by an Act of God;
2.
Evidence that a False
Alarm was caused by action of the telephone company;
3.
Evidence that a False
Alarm was caused by a power outage lasting longer than four (4) hours;
4.
Evidence that the Alarm
Dispatch Request was not a False Alarm;
5.
Evidence that the law
enforcement officer or fire fighter’s response was not completed in a timely
fashion; and/or
6.
In determining the
number of False Alarms, multiple alarms occurring in any twenty-four (24) hour
period may be counted as one False Alarm to allow the Alarm User time to take
corrective action unless the False Alarms are directly caused by the Alarm
User.
F. With
respect to fees or fines assessed to an Alarm Installation Company or
Monitoring Company, the Alarm Administrator or Chief may take into
consideration whether the Company has engaged in a consistent pattern of
violations.
§71-10. Enforcement and
Penalties. Enforcement of this Ordinance may be by civil action
as provided by law.
§71-11. Confidentiality. In
the interest of public safety, all information contained in and gathered
through the Alarm Registration applications and applications for appeals shall
be held in confidence by all employees or representatives of the Police or Fire
Department and by any third-party administrator or employees of a third-party
administrator with access to such information.
§71-12. Government
Immunity. Alarm Registration is not intended, nor shall it be
construed, to create any contract, duty or obligation on the part of the
Township of Montclair, either expressed or implied, to respond to any Alarm. The Township shall not be liable for
any losses or damages, including consequential damages, resulting from the Township’s
failure to respond to a notification and the Township expressly retains all governmental
immunities provided by law. By
applying for an Alarm Registration, an Alarm User acknowledges that the Township’s
ability to respond to an Alarm may be influenced by various factors such as the
availability of officers or fire fighters, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels and prior
response history.
§71-13. Severability. The
provisions of this Ordinance are severable. If a court determines that any word, phrase, clause,
sentence, paragraph, subsection, section of other provision of this Ordinance is
invalid, the remaining provisions of this Ordinance and the application of
those provisions to other Persons or circumstances are not affected by that
decision.
This
Ordinance shall take effect immediately upon final adoption and publication in
accordance with law.
RECORD OF COUNCIL VOTE
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Freier |
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Mayor Remsen |
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