[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.
[Amended 4-20-2021 by Ord. No. 2021-04]
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanical measure or electrical unit incorporating the
detector, control equipment and the alarm-sounding device in one unit,
providing warning of intrusion, fire, smoke, flood or other peril.
Any alarm system or combination of devices or systems installed
for one or more buildings at a location other than that of the alarm
console.
Any electrical or mechanical equipment or any assembly of
equipment or devices designed to signal the presence of an emergency
or a hazard requiring urgent attention and to which the Police or
Fire Department may be expected to respond.
The Police Department or a designated representative, including
Fire Official/Marshal and/or the Fire Subcode Official.
Any alarm or signal of an alarm system activated by inadvertence,
negligence, intentional/unintentional act, or alarm caused by mechanical
failure, malfunctioning, improper installation or maintenance of the
alarm system and related equipment are considered to be "false alarms."
The owner or registrant of the alarm system is held responsible for
all false alarms. In the absence of evidence of a burglary, attempted
burglary, or other emergency, it shall be presumed that an alarm is
of a false nature.
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. Renewal applications shall include an annual fire inspection report, inclusive of alarm testing.
[Amended 4-20-2021 by Ord. No. 2021-04]
C.
All such permits issued under this chapter shall expire on December 31 of the year in which they are granted and are required to be renewed annually. Where application for renewal is made on or before January 31st 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.
[Amended 4-20-2021 by Ord. No. 2021-04]
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 Construction or Fire Official.
[Amended 4-20-2021 by Ord. No. 2021-04]
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. A copy of the approved application and permit shall
be provided to the Fire Official, Fire Chief, and Police Chief.
[Amended 4-20-2021 by Ord. No. 2021-04]
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 or Fire Official may make, prescribe, and
promulgate rules and regulations regarding the alarm equipment, devices
or systems covered by the section.
[Amended 4-20-2021 by Ord. No. 2021-04]
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.
D.
Permit holders shall provide the Police Chief, Fire Chief and Fire
Official with current emergency contact information, and promptly
update those officials with any change in emergency contact information.
[Added 4-20-2021 by Ord. No. 2021-04]
E.
Any person testing any alarm shall notify the Police Department immediately
prior to and after the testing is completed.
[Added 4-20-2021 by Ord. No. 2021-04]
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 minimum fine of $50 up to a maximum fine of $1,000.
[Amended 4-20-2021 by Ord. No. 2021-04]
B.
Any person who shall connect or cause to be connected any equipment via monitoring system to the Police Department telephone system without a permit in violation of § 82-3B shall be subject to a fine not to exceed $1,000.
[Amended 4-20-2021 by Ord. No. 2021-04]
C.
Any person who fails to evacuate the premises upon
activation of a fire alarm shall be subject to a minimum fine of $50
up to a maximum fine of $1,000.
[Amended 4-20-2021 by Ord. No. 2021-04]
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 and/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. The Fire Official
shall have the authority to issue warnings and summons for violation
of this chapter as it relates to fire alarms.
[Amended 4-20-2021 by Ord. No. 2021-04]
G.
In the event of a false alarm, any person having knowledge
thereof shall immediately notify the Chester Police Department in
a manner so prescribed by rules and regulations promulgated by the
Chief of Police as may be established from time to time. In addition,
in the case of a false alarm, the Chief of Police 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:
[Amended 4-20-2021 by Ord. No. 2021-04]
(1)
For the first false alarm in a non-single-family residence
a written warning shall be issued by the Chief of Police or Fire Chief,
Fire Official or Construction Official, as appropriate.
(2)
For the second false alarm in a non-single-family
residence occurring in a calendar year, a fine of $200 shall be imposed.
(3)
For the third false alarm in a non-single-family residence,
and any subsequent false alarm thereafter, occurring within a calendar
year, a minimum fine of $200 up to a maximum fine of $1,000 shall
be imposed.
(4)
In the case of a single-family residence, the owner and/or occupant
shall be issued a warning notice for the first and second false alarm
in any calendar year. For the third and each subsequent false alarm,
a minimum fine of $100 and up to a maximum fine of $1,000 shall be
imposed.
H.
If the Fire Official determines that a fire watch
is required due to a faulty fire alarm or sprinkler system, the owner
and/or operator of the premises shall be responsible to pay the Chester
Fire Department for such services at the hourly rate of $25 per person.
Failure to pay same within 30 days of invoice shall subject the owner
and operator to a minimum fine of $50 up to a maximum fine of $1,000.
[Amended 4-20-2021 by Ord. No. 2021-04]
I.
Any person who fails to maintain current emergency contact information with the Police Chief, Fire Chief and Fire Official shall be subject to a minimum fine of $100 up to a maximum fine of $1,000, in addition to possible revocation as provided in §82-7 of this chapter.
[Amended 4-20-2021 by Ord. No. 2021-04]
