[HISTORY: Adopted by the Township Council
of the Township of Moorestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-8-2004 by Ord. No. 29-2004[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Fire Alarms, adopted 2-13-1989 by Ord. No. 1444-89,
as amended.
Numerous persons currently transmit fire alarms
to the Township by one or more various means referred to as "systems"
in this article. By transmitting fire alarms to the Township, such
persons engage in a relation with the Township, which relation imposes
reciprocal duties, responsibilities and obligations on such persons.
The number of false alarms transmitted by these fire alarm systems
is troublesome, burdensome and costly to the Township, its fire districts,
its volunteer fire-fighting personnel and its taxpayers. A need exists
to curtail such false alarms. Local regulation by way of this article
will serve to do so.
The purpose of this article is to provide for
regulation of the installation, operation and maintenance of certain
fire alarm systems within the Township, to regulate related conduct,
to provide for enforcement and to provide administrative charges and
other effective sanctions for false alarms and penalties for violations
of this article.
As used in this article, the following terms
shall have the meanings indicated:
An independent alarm-monitoring system which has not been
disapproved by the respective fire district as capable of verifying
alarms, identifying actual fire alarms and distinguishing them from
noise, movement, radiation, other kinds of emanations and signals
and other kinds of alarms, and which has agreed in writing with the
enforcing agency to retransmit only verified fire alarms and only
to the fire communications central dispatch.
A devise which emits an audible signal from the premises
the device is designed to protect.
A device connected to an independent alarm monitoring firm
or entity and requiring further telephone communication for fire response.
A device which, when actuated, causes a recorded message
to be transmitted, via telephone, to the Township's designated fire
communications central dispatch requesting fire response.
The agency set forth in § 45A-4 of this article.
Either a signal, message or warning transmitted to the Township's
fire communications central dispatch, indicating a fire condition;
or an emission of an audible, visual or electronic transmission of
any signal, message or warning intended to summon the services of
Township fire-fighting personnel or apparatus, which signal, message
or warning is activated by a cause other than one for which the transmitting
system is specifically designed to respond, at a time when no fire
exists.
Performs installation, service, repair and/ or maintenance
on a fire alarm system and its component parts and is certified by
the Division of Fire Safety, State of New Jersey.
Any mechanical, electrical or electronic device which is
designed or used for alerting others about the existence of any condition
requiring the response of fire personnel and which emits and/or transmits
a signal or message to one or more locations off the premises when
actuated. Alarm systems include, but are not limited to, direct dial
alarms, audible alarms, central station alarms and subscriber alarms.
The duly elected Chief of the Moorestown Fire Department
or the Lenola Fire Company.
[Amended 3-9-2020 by Ord. No. 4-2020]
The Burlington County Police and Fire Communications Center
and such other future facility or facilities as the Township may utilize.
The duly appointed line officer of the Moorestown Fire Department
or the Lenola Fire Company.
The Moorestown Fire District No. 1 or Moorestown Fire District
No. 2, as the case may be.
The duly appointed Fire Official pursuant to Township ordinances.
Inhabited by one or more individuals, whether on a continual
or an occasional basis, and includes times when no individual is upon
or within premises occasionally inhabited.
See "false alarm."
[Added 3-9-2020 by Ord. No. 4-2020]
An individual, corporation, partnership or other entity.
The Township Police Department
The Township of Moorestown in the County of Burlington.
The procedure of initiating telephone
contact, upon receipt of a fire alarm, with the protected premises
to ascertain whether the fire alarm is authentic or is caused by accidental
activation or alarm equipment failure or malfunction. If telephone
contact by the approved central station with the protected premises
cannot be made within two attempts of four telephone rings at no more
than 90 seconds, or if telephone contact is made but authentication
of a fire alarm cannot be made within 90 seconds, then the approved
central station shall immediately retransmit the fire alarm to the
fire communications central dispatch. Verification shall only be required
for residential properties.
[Amended 3-9-2020 by Ord. No. 4-2020]
A.Â
This article shall be enforced to the extent permitted
by law by each of the Boards of Fire Commissioners of Fire District
Nos. 1 and 2 within the respective established limits of Fire District
Nos. 1 and 2. The enforcing agency within each fire district shall
be the Division of Fire Prevention, Fire District No. 1, and Bureau
of Fire Prevention, Fire District No. 2, within the limits established
by the present boundaries for that fire district.
B.Â
Nothing herein shall preclude lawful enforcement.
A.Â
Every person intending to install or cause to be installed,
whether upon his premises or upon the premises of another, a fire
alarm system within the Township shall file with the applicable enforcing
agency, upon a form provided by the enforcing agency, an application
for a certificate of registration for the fire alarm system. Each
application shall include at least the following information and such
additional information as the enforcing agency may prescribe:
(1)Â
The name, street address, mailing address, email address
and telephone number of the applicant.
[Amended 3-9-2020 by Ord. No. 4-2020]
(2)Â
If the applicant is an incorporated or unincorporated
entity, the name, street address, mailing address, email address and
telephone number of the employee responsible for the installation
and maintenance of the fire alarm system.
[Amended 3-9-2020 by Ord. No. 4-2020]
(3)Â
A description of the place where the fire alarm system
is to be installed, including the street address and the location
within the building.
(4)Â
The name, address and telephone number of the licensed
fire alarm contractor who will install the fire alarm system.
[Amended 3-9-2020 by Ord. No. 4-2020]
(5)Â
The name, address and telephone number of the person
who will maintain and service the fire alarm system. A copy of every
service agreement and every maintenance agreement shall be furnished
to the enforcing agency before a certificate of registration will
be issued.
(6)Â
The name, residential addresses and residential telephone
numbers of at least two persons who will respond upon notification
to alarms outside of usual business hours.
B.Â
The certificate of registration for the system will be issued by the enforcing agency when the following items in Subsection B(1), (2) and (3) have been delivered to the enforcing agency and Subsection B(4) shall have been completed:
(1)Â
Evidence of approval of the application or evidence
of a construction permit issued for the relevant building by the Township
Construction Official.
(2)Â
A certificate from the installer of the fire alarm system that the components and the system are listed by a recognized agency; the components are compatible with each other; the system has been properly installed and tested by certified technicians; the system is functioning properly in all respects; and there is a maintenance or service contract between the owner of the system and a licensed fire alarm contractor. A copy of the contract shall have been furnished as provided in Subsection A(5) hereof.
[Amended 3-9-2020 by Ord. No. 4-2020]
(3)Â
A written agreement by the owner of the system with
the enforcing agency that the owner will properly maintain the system
or, upon proper order of the enforcing agency, disconnect the portion
of the system which transmits any fire alarm beyond the owner's premises,
and keep in force a valid maintenance or service contract with a New
Jersey Division of Fire Safety certified fire alarm service company.
(4)Â
Review and approval of the system plans, operation
and installation by the enforcing agency.
(5)Â
Documentation that all competent staff and family
members have been trained by the fire alarm installer in the operation
of the fire alarm system, including knowledge of key pad entry codes,
passwords, restoring or resetting the system after an alarm, procedures
for placing the system in test and precautions to avoid a false alarm.
(6)Â
Proof of an active telephone land line at the protected
premises separate from any telephone circuit utilized for transmitting
alarm signals.
(7)Â
Effective March 1, 2004, all persons engaged in the
installation or service of fire alarm systems, kitchen fire suppression
systems, fire sprinkler systems and special hazard fire suppression
systems shall be certified pursuant to the provisions of N.J.A.C.
5:73-2.3(d).
(8)Â
Every fire alarm system installer, contractor, alarm service company or licensed electrician maintaining fire alarm systems in the Township of Moorestown shall provide, to the respective enforcing agencies, a list of systems maintained in accordance with § 45A-5D. Said list shall include the name and address of the customer, the name of the monitoring company and the last date on which the system received its annual service. Said list shall be provided on or before January 31 of each year.
C.Â
A fire alarm system, its components and devices that
are installed, maintained and monitored in accordance with the applicable
standards published by the National Fire Protection Association, as
are approved by the enforcing agency, may be deemed by the enforcing
agency to be in compliance with the requirements for certification
if it complies in all other respects with this article.
D.Â
Failure to have and keep in force a valid maintenance
or service contract shall be cause for the enforcing agency to cancel
or withdraw a certificate of registration.
A.Â
This article applies with equal force and effect to
all fire alarm systems which have been or will be installed, operated
or otherwise placed in service within the Township effective from
the date of this article's adoption.
B.Â
Neither an application nor a certificate of registration
or adherence to the regulations adopted herein is required for any
existing fire alarm system, except as follows:
(1)Â
A fire alarm system in an inhabited building upon
and after the receipt of the first false alarm which does not meet
the regulations as adopted herein. The application for a certificate
of registration shall be filed with the applicable enforcing agency
in accordance with the requirements of this article.
(2)Â
A fire alarm system which is to be expanded, reduced,
modified or replaced.
(3)Â
A fire alarm system in an existing
building or other structure, including all dwelling occupancies, prior
to the transfer of ownership or title. Within 30 days of transfer
of ownership application shall be made by the owner.
[Amended 3-9-2020 by Ord. No. 4-2020]
(4)Â
A fire alarm system which is required to be maintained
in vacant or otherwise uninhabited structures as provided in the New
Jersey Uniform Construction Code (N.J.A.C 5:23-3.14) or the New Jersey
Uniform Fire Prevention Code (N.J.A.C 5:18-3.1).
[Amended 3-9-2020 by Ord. No. 4-2020]
The enforcing agency shall:
A.Â
Be responsible for the administration and enforcement
of this article, including making reasonable on-site inspections and
examinations of buildings and other premises.
B.Â
Develop and promulgate regulations for the installation,
maintenance, service and monitoring of fire alarm systems.
C.Â
Develop and promulgate regulations for the operation
of fire alarm system during construction, renovation, alteration and
repair to the premises at and for which they are located.
D.Â
Review and approve plans and specifications for the
fire alarm systems and their installations, after such plans have
been reviewed and approved by Township Fire Subcode Official.
E.Â
Pass on applications for and to issue certificates
of registration for fire alarm systems.
F.Â
Issue such oral and written orders as are necessary
to carry out the provisions of this article.
G.Â
Make, keep and maintain records of all fire alarm
systems, applications and certificates of registration, false alarms,
regulations and changes in regulations, orders issued and similar
information necessary or useful to the administration of this article.
H.Â
Investigate and ascertain the causes of all false
fire alarms and maintain records of the same.
I.Â
Bill for, pursue and receive payment of administrative
charges.
J.Â
Establish criteria for the approval of central stations.
K.Â
Have discretion, in the event
an investigation discloses a failure by the fire alarm system owner
to take timely and appropriate remedial steps to avoid further false
alarms or his disregard of related lawful orders of the enforcing
agency, after explicit written notice to the fire alarm system owner
via hand delivery, posting on the premises or email, or, in the event
that the owner is not present at the property, to such other person
as is in occupancy of the property, including the operator in control,
in accordance with the regulations in this article, with the consent
of the respective Fire Chief, that the respective fire district not
answer further alarms caused by or originating from such fire alarm
system until such time as that system is recertified by the enforcing
agency upon submission of a completed application.
[Amended 3-9-2020 by Ord. No. 4-2020]
L.Â
Issue, or cause to be issued, summons to the Municipal
Court or such other court as may have jurisdiction, for failure to
comply with the provisions of this article.
No person shall:
A.Â
Turn in, make, cause or knowingly participate in a
false alarm.
[Amended 3-9-2020 by Ord. No. 4-2020]
B.Â
Fail to make a timely application required by this
article.
C.Â
Own, possess, operate or cause to be operated a fire
alarm system for which a certificate of registration has not been
issued and is not in good standing, to the extent one is required
by this article.
D.Â
Operate or cause to be operated a fire alarm system:
(1)Â
In a location or manner, or in any other respect,
prohibited or not permitted by this article;
(2)Â
Which has previously transmitted a false alarm from
an inhabited building, until recertified by the enforcing agency upon
submission of a completed application;
(3)Â
Which has been expanded, reduced or modified or is
a replacement for a prior system, until certified by the enforcing
agency upon submission of a completed application;
(4)Â
Whose certificate of registration has been canceled
or withdrawn by the enforcing agency;
(5)Â
Which uses a smoke detector as a sensing device, wholly
or partially, and which is designed to transmit (or which in fact
transmits) its alarm signal to a destination other than an approved
central station.
(6)Â
Which uses a carbon monoxide detector to transmit
a fire alarm signal to a destination other than the premises at which
it is installed.
E.Â
Fail to comply with a lawful regulation or order of
the enforcing agency or fail to pay an administrative charge for a
false alarm.
F.Â
Obstruct, hinder, delay or interfere by force with
the enforcing agency or its authorized representative in the exercise
of any power or the discharge of any function or duty provided by
or reasonably implied from this article.
G.Â
If he or she is the owner, tenant or such other person
having a possessory right to the subject building or other premises,
fail after proper request to permit the enforcing agency or its authorized
representative to have prompt entry to such building or other premises
for the purpose of lawful inspection or examination pursuant to this
article.
A.Â
Upon the first false alarm during any calendar year, an order to file an application for a certificate of registration and take corrective action, in accordance with the provisions of § 45A-6 this article, shall be issued and served on the fire alarm system owner (and to any known possessor or operator of the system, or known occupant of the premises of the alarm system, if any of them is other than said owner).
B.Â
Upon the receipt of a second false alarm during a calendar year, an administrative charge shall be payable as provided under § 45A-11A hereof, and the enforcing agency shall deliver to the fire alarm system owner (and to any known possessor or operator of the system, or known occupant of the premises of the alarm system, if any of them is other than said owner) a written warning that the subject communicating device may be disconnected upon receipt of any further false alarm or alarms.
C.Â
In the event that two or more false alarms are received
during the same thirty-day period, or twice within a twenty-four-hour
period, the Fire Official, Fire Chief or fire officer in charge may
order the disconnection of the transmission apparatus from the particular
fire alarm system which has transmitted such false alarms, provided
that the notice procedures set forth in this article shall have been
first complied with.
D.Â
In the event false alarm investigation reveals that
the system does not meet the standards, requirements or regulations
prescribed in this article, the Fire Official, Fire Chief or fire
officer in charge may order the immediate disconnection of the alarm
system from the fire alarm transmission apparatus.
E.Â
In the event evidence reveals that the cause of the alarm is the failure of the registrant's, building owner's, tenant's or occupant's alarm company, central monitoring station, or licensed alarm contractor to take precautions to prevent the transmission of alarms during testing, maintenance, service or installation, the alarm company, monitoring company, or licensed alarm contractor as identified as the entity responsible for the unwanted false alarm shall be subject to an administrative charge as provided in § 45A-11 of this article.
[Amended 3-9-2020 by Ord. No. 4-2020]
[Amended 3-9-2020 by Ord. No. 4-2020]
Unless the alarm transmission
is caused by an alarm company, monitoring company or the licensed
alarm contractor, the provisions of this article shall not apply to:
A.Â
The general alerting alarms that may be used by fire
companies, emergency squads or emergency management agencies to summon
responses of their members.
B.Â
Alarm systems affixed to motor vehicles.
C.Â
Alarm system installed in public buildings owned by
the Township of Moorestown or Moorestown Board of Education.
A.Â
Single-family dwellings and two-family dwellings:
(1)Â
Upon a second false alarm during any calendar year,
an administrative charge of $100.
[Amended 3-9-2020 by Ord. No. 4-2020]
(2)Â
Upon a third false alarm during any calendar year,
an administrative charge of $150.
(3)Â
Upon a fourth false alarm and upon each subsequent
false alarm during any calendar year, an administrative change of
$400.
B.Â
All properties, with the exception of those described in § 45A-11A:
(1)Â
Upon a second false alarm during any calendar year,
an administrative charge of $250.
[Amended 3-9-2020 by Ord. No. 4-2020]
(2)Â
Upon a third false alarm during any calendar year,
an administrative charge of $400.
(3)Â
Upon a fourth false alarm and upon each subsequent
false alarm during any calendar year, an administrative charge of
$600.
C.Â
The administrative charge for alarm companies and central monitoring stations and fire alarm contractors shall be $500 for each occurrence of alarm activations transmitted to the Fire Department in accordance with § 45A-9E during testing, maintenance, service or installation.
[Amended 3-9-2020 by Ord. No. 4-2020]
B.Â
All fines and court costs shall be payable to the
Clerk of the Township Municipal Court. All fines, exclusive of court
costs, assessed as a result of summonses issued by the fire officials
or fire inspectors of the respective fire districts will be paid thereafter
by the Municipal Court Clerk to the Treasurers of said respective
fire districts. All court costs and all fines assessed as a result
of summonses issued by anyone else shall be paid to the Township Clerk
by the Municipal Court Clerk.
[Adopted 2-13-1989 by Ord. No. 1445-89[1]]
[1]
Editor's Note: Section 10 of this ordinance
provided that it may also be cited as the "Moorestown Burglar Alarm
Ordinance."
The purpose of this article is to establish
regulations concerning the operation and maintenance of burglar alarm
systems within the Township of Moorestown, to regulate related conduct,
to provide for enforcement and to provide administrative charges and
other effective sanctions for false alarms and penalties for violations
of this article.
As used in this article, the following terms
shall have the meanings indicated:
Any mechanical, electrical or electronic device which is
designed or used for the detection of unauthorized entry into a building,
other structure or facility or for alerting others about the commission
of any unlawful act within a building, other structure or facility
or for alerting others about the existence of any other condition
requiring response of police or emergency personnel, other than a
fire alarm system controlled by the Moorestown Fire Alarm Ordinance[1]; and which emits and/or transmits an audible and/or visual
signal or message when actuated. "Alarm systems" include, but are
not limited to, direct-dial telephone devices, audible alarms, central
station alarms and subscriber alarms.
A device that emits an audible signal from the premises it
is designed to protect.
A device connected to an independent alarm-monitoring firm
or entity and requiring further telephone communication for police
or emergency response.
A device which, when actuated, causes a recorded message
to be transmitted, via telephone, to the Moorestown Township Police
Communications Center requesting emergency response.
The primary telephone number advertised to the public for
requesting emergency services.
A signal, message or warning transmitted to the Moorestown
Township police headquarters, indicating a police need or an emergency
condition, which signal, message or warning is activated by a cause
other than one for which the transmitting system is specifically designed
to respond, at a time when no police need or emergency condition exists.
An individual, corporation, partnership or other entity.
The Moorestown Township Police Department.
The Township of Moorestown in the County of Burlington.
This article and its requirements shall apply
with equal force and effect to all alarm systems, whether placed in
service prior to or subsequent to the effective date of this article.
A.Â
No person shall turn in, make, cause or knowingly
participate in a false alarm.
B.Â
Every person who is the owner, lessee or possessor
of an alarm system shall, before and during operation of such alarm
system, comply with the following regulations:
(1)Â
Except as provided in § 45A-18 hereof, every person who maintains an alarm system or systems within the Township shall forthwith provide current information to the Police Department, consisting of the names and telephone numbers of individuals who may be contacted on a twenty-four-hour basis in case of emergency. This information is to be filed with the Police Department when the alarm system is initially placed into service and must be revised immediately whenever changes are necessary.
(2)Â
Audible alarms shall be silenced within 30 minutes
after activation, or shall be equipped with a timing device that automatically
and effectively silences the audible alarm within 30 minutes after
activation.
(3)Â
All direct-dial alarms shall be coded to dial a special
telephone number provided by the Police Department. No dial alarm
shall be coded to dial the Township's emergency phone number. In addition,
all direct-dial alarms shall be coded to notify a relative, neighbor
or other third party, who must respond to reset the alarm systems.
(4)Â
All direct-dial alarms shall be capable of being disconnected
by the owner to permit a call to the Police Department in the event
a false alarm occurs.
(5)Â
All direct-dial alarms shall be equipped with a device
that will prevent more than three repeat transmissions of an alarm
message for the same emergency to the Police Department.
[Amended 3-20-2006 by Ord. No. 5-2006]
A.Â
The Chief of Police shall investigate each false alarm
and maintain a record of each false alarm, including the date and,
if determined, the cause.
[Amended 11-30-2015 by Ord. No. 25-2015]
B.Â
Fine schedule.
(1)Â
Following the third false alarm in any calendar year,
the Chief of Police shall cause a notice to be mailed to the owner
of the property advising that each subsequent false alarm in the calendar
year will result in the imposition of a fine in accordance with the
following schedule:
[Amended 11-30-2015 by Ord. No. 25-2015]
(a)Â
Fourth false alarm: $50 fine.
(b)Â
Fifth false alarm: $100 fine.
(c)Â
Sixth false alarm: $150 fine.
(d)Â
Seventh false alarm: $200 fine.
(e)Â
Eighth false alarm: $250 fine.
(f)Â
Ninth false alarm: $300 fine.
(g)Â
Tenth false alarm: $350 fine.
(h)Â
Eleventh false alarm: $400 fine.
(i)Â
Twelfth false alarm: $450 fine.
(j)Â
Each subsequent false alarm: $500 fine.
(2)Â
Payment shall be due within 72 hours of receipt of
the written notice of the false alarm and the fine in accordance with
the schedule.
C.Â
If an investigation discloses continued abuse of the
alarm connection privilege, and a failure by the subscriber to take
remedial steps to avoid false alarms, the Police Department's investigating
official shall have the right to require disconnection from the Police
Department dispatch center. In that event, the alarm subscriber will
be notified of the disconnection, both orally and in writing, as soon
as reasonably possible by the Police Department.
D.Â
If the Police Department finds that an alarm system
is malfunctioning, the Police Department may, after giving oral confirmation
of the malfunctioning alarm system to the owner, possessor or operator
thereof, discontinue police response to that alarm system. The Police
Department shall also, as soon as reasonably possible, forward to
the owner, possessor or operator written notice by mail of the discontinuance
of police response.
The Police Department will not accept information otherwise required by § 45A-16B(1) for central station alarms. It will be the responsibility of the central station and its owner and operator to notify the owner of the respective alarm system of alarm activations.
The provisions of this article shall not apply
to:
A.Â
The general alerting alarms that may be used by fire
companies, emergency squads or emergency management agencies to summon
responses of their members.
