[HISTORY: Adopted by the Mayor and Council of the Borough of Chester
by Ord. No. 87-18. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 127.
A.
The purpose of this chapter is to provide for the establishment
and maintenance of an efficient, effective and uniform police and fire alarm
system within the Borough of Chester and to provide standards and regulations
for alarm equipment, devices and systems to be installed or connected within
the borough.
B.
It shall be the policy of the borough to encourage the
installation of alarm devices as an aid to public safety. To ensure appropriate
response the Police and Fire Department require prior knowledge of all such
systems connected and the quality of installation and maintenance must achieve
minimum feasible false alarms. The Fire Department Chief shall be notified
through the fire official.
As used in this chapter, the following terms shall have the meanings
indicated:
- ALARM SYSTEMS
- Any device designed or used for detection of unauthorized entry or alerting others to the commission of unlawful act or both, and the detection of fire or smoke or similar hazards.
A.
No person shall install, maintain or cause to be installed
or maintained any police or fire alarm system without first having been issued
a permit pursuant to the provisions of this chapter.
B.
No person shall install, maintain or cause to be installed
or maintained, any police or fire alarm equipment for the purpose of transmitting
a prerecorded message to the attention of the Police Department for any purpose
without first having been issued a permit pursuant to the provisions of this
chapter, and meeting all technical requirements for such a system, as defined
by the Chief of Police. Under no circumstance shall such a system be directed
to the general police emergency telephone.
[Amended by Ord. No. 96-06]
A.
All applications for the issuance of a police alarm permit shall be made in writing to the Chief of Police on an application form provided and the initial application shall be accompanied by a permit fee as established in Chapter 127, Fees.
B.
All applications for a fire alarm installation permit shall be made through the construction official. Initial permit fee shall be as established in Chapter 127, Fees.
C.
All such permits issued under this chapter shall expire on December 31 of the year in which they are granted and are subject to renewal. Where application for renewal is made on or before January 31 of the succeeding year, the fee for renewal shall be as established in Chapter 127, Fees. Renewal application on or after February 1 of the succeeding year shall be charged as for a new application. Subscribers on the effective date of this chapter who have paid fees under previous ordinances shall be charged only the renewal fee for the next year.
D.
The application form shall contain the name, address,
and telephone number of the applicant, the location of the premises to be
serviced, block and lot, the name of the installer, the type of police or
fire alarm equipment, the provisions relating to false alarms and testing
procedures, a list of persons to be contacted in the event of an alarm, and
such other information as required by the Chief of Police or Fire Chief.
E.
The Chief of Police shall cause an investigation to be
made, and thereafter, provided the applicant has complied with all of the
terms of this chapter and the rules and regulations promulgated and adopted
pursuant thereto, shall then issue a permit.
F.
The Construction Official shall cause the Fire Subcode
Official to review plans and specifications and inspect fire alarm systems
installed in accordance with this chapter. A permit shall then be issued.
No permit shall be granted except upon the following terms and conditions:
A.
The applicant shall furnish and complete all information
required relating to the application and the police or fire alarm equipment
to be installed or connected and data relating to the prevention of false
alarms and testing procedures.
B.
The applicant shall maintain the equipment in good condition
and repair, as needed.
C.
No permit shall be transferred or assigned in any manner.
D.
The permit is accepted upon the express condition that
the applicant shall indemnify and hold the Borough of Chester harmless from
any and all damages arising out of the activities of the permittee and the
alarm contractor.
E.
The applicant, upon acceptance of such permit, thereby
agrees to hold and save harmless the Borough of Chester, its agents or employees
from any and all liabilities whatsoever in connection with any such police
or fire alarm, equipment or the operation and maintenance of the said alarm
equipment.
Any permit issued under the provisions of this chapter may be suspended
or revoked by the Chief of Police for any violation of, or failure to comply
with the provisions of this chapter or of any rule or regulation promulgated
by the Chief or State of New Jersey, including the following:
A.
The applicant willfully failed to and did not comply
with a request by a member of the Police Department to proceed immediately
to the premises.
B.
The applicant or tenant of the premises failed to evacuate
the premises upon activation of a fire alarm.
C.
The applicant knowingly installed or maintained a faulty
alarm system. An inordinate number of false alarms shall be prima facie evidence
that such alarm device is knowingly a faulty device.
D.
The applicant has breached the terms and conditions of
the permit.
No permit shall be revoked or suspended without giving 30 days notice
in writing of such action and an opportunity to show cause before the Chief
of Police, Fire Official or Construction Official why such action should not
be taken. Any person aggrieved by the action or determination of the Chief
of Police, Fire Official or Construction Official in the denial of a permit
or in the suspension or revocation of any permit may appeal to the Mayor and
Council of the Borough of Chester.
[Amended by Ord. No. 96-06]
The fee for utilizing an alarm system that automatically dials the telephone of the Police Department and then reproduces a prerecorded message to report a robbery, burglary or other emergency shall be as established in Chapter 127, Fees.
A.
Each alarm system shall contain an automatic device that
terminates (deactivates the alarm condition) no longer than 15 minutes after
initiation except for fire alarm systems, the Chief of Police and Fire Chief
may make, prescribe and promulgate rules and regulations regarding the alarm
equipment, devices or systems covered by the section.
B.
Such rules and regulations shall be made, prescribed
and promulgated to sufficiently promote and ensure an effective and uniform
police and fire alarm system and proper installation and connection; provide
for maintenance of records and efficient management of the alarm system, the
speedy and accurate operation and reporting of alarms, minimizing mechanical
failure, minimizing false alarms, and the consequential dangers of same to
citizens of the Borough of Chester; the proper monitoring of alarms, and prompt
response to such alarms, the prevention of jamming of the switchboard and
the creation of nuisance or other interference or hindrance with the proper
operation of duties of the Police and Fire Department.
C.
Said rules and regulations and all changes thereof shall
be subject to the approval of the Mayor and Council of the Borough of Chester.
A.
Any person who shall install, cause to be installed or maintain an alarm system without a permit in violation of § 82-3A shall be subject to a fine not to exceed $50.
B.
Any person who shall connect or cause to be connected any equipment to the Police Department telephone system without a permit in violation of § 82-3B shall be subject to a fine not to exceed $250.
C.
Any person who fails to evacuate the premises upon activation
of a fire alarm shall be subject to a fine not to exceed $25.
D.
A permittee shall be accountable for false alarms caused
by equipment failure or malfunction of the alarm system installed by the permittee's
installer or the permittee's alarm maintenance company.
E.
A permittee shall not be held accountable for false alarms
caused by severe weather conditions, electrical malfunctions, malfunctions
of the alarm console located at a location designated by the Chief of Police
of Chester Borough or malfunction of telephone lines used to transport the
alarm signal over which the permittee or the permittee's alarm installer
or maintenance company have no control.
F.
In case of false alarms which summon the Fire Department,
the Police Chief or Fire Chief shall report such false alarms to the Fire
Official, who shall cause an investigation to be made and shall keep a record
of false alarms on file.
G.
In the event of a false alarm, any person having knowledge
thereof shall immediately notify the Chester Borough Police Department in
a manner so prescribed by rules and regulations promulgated by the Chief of
Police of Chester Borough as may be established from time to time. In addition,
in the case of a false alarm, the Chief of Police of Chester Borough shall
cause an investigation to be made and keep a record of said alarms on file.
For such false alarms, the following penalties are herein prescribed:
(1)
For the first false alarm a written warning shall be
issued by the Chief of Police or Fire Chief as appropriate.
(2)
For the second false alarm occurring in any twelve-month
period, a fine of $50 shall be paid to the Borough of Chester.
(3)
For the third false alarm, and any subsequent false alarms,
occurring within a twelve-month period, a minimum fine of $50 up to a maximum
fine of $500 shall be paid to the Borough of Chester.
H.
In the event of a third or subsequent false alarm within
any twelve-month period as outlined above, an investigation shall be conducted
by the Chief of Police of the Borough of Chester, or the Fire Chief of the
Chester Volunteer Fire Department, or their designee, as may be appropriate.
Where the investigation disclosed continued abuse or negligent operation of
an alarm system and a disregard for the taking of remedial steps to avoid
false alarms, the Chief of Police of the Borough of Chester or the Fire Chief
of the Chester Volunteer Fire Company may require disconnection of the alarm
device for a limited or permanent period of time; provided, however, that
the permittee shall be given written notice of the intended disconnection
and shall have an opportunity within 14 days of said notice, to show cause
before the Borough Council of the Borough of Chester any such action should
not be taken. The determination of the Borough Council in such matters shall
be based upon the effect on the general public health, safety and welfare
of the continued use of the alarm system in question.
I.
Failure to remit a required service fee
or to comply with a Borough of Chester Council determination that this connection
is required shall subject the permittee to the penalty set forth herein. Each
and every day the permittee fails to comply with said fees or determinations
shall constitute a separate offense.