City of Nanticoke, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Nanticoke as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1999 by Ord. No. 13-1999 (Ch. 13, Part 1, of the 2004 Code of Ordinances)]
A. 
As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
ACCIDENTAL FALSE ALARM
Any false alarm which is not an intentional false alarm as defined herein or not when an intrusion, crime, fire or other emergency has actually occurred.
ALARM
A communication to the Nanticoke City Police or Fire Department that a crime, fire or other emergency situation warranting immediate action by the Nanticoke City police, fire or other emergency services department has occurred or is occurring.
[Amended 7-18-2007 by Ord. No. 19-2007]
ALARM DEVICE
A mechanical device designed to automatically transmit an alarm by wire, telephone, radio or other means:
(1) 
To the Nanticoke City Police Department through the Luzerne County Communications Center.
(2) 
To a person who is instructed to notify the Nanticoke City Police Department of the alarm.
(3) 
To activate a bell or sounding device to be heard outside of a building which is intended to alert police or others to the existence of a crime, fire or other emergency situation warranting police action.
CENTRAL RECEIVING STATION
The Luzerne County Communications Center, also known as the "9-1-1 Center."
DIRECT ALARM DEVICE
An alarm device, other than a telephone dialer alarm device, designed to transmit an alarm directly to the Luzerne County Communications Center.
FALSE ALARM
An alarm to which the Nanticoke City Police or Fire Department responds resulting from the activation of an alarm device when a crime, fire or other emergency warranting immediate action by the Nanticoke City Police or Fire Department has not in fact occurred.
FIRE DEPARTMENT
Nanticoke City Fire Department.
INDIRECT ALARM DEVICE
An alarm device designed to transmit an alarm to a person who is instructed to notify the Luzerne County Communications Center, the Nanticoke Police Department or the Nanticoke Fire Department of the alarm.
INTENTIONAL FALSE ALARM
A false alarm resulting from the intentional activation of an alarm device by an individual under circumstance where that individual has no reasonable basis to believe that a crime, fire or other emergency warranting immediate action by the Police Department or Fire Department has occurred or is occurring.[1]
PERSON
An individual, corporation, partnership, incorporated association or other similar entity.
POLICE DEPARTMENT
Nanticoke City Police Department.
TELEPHONE DIALER DEVICE
An alarm device designed to automatically transmit a recorded message over regular telephone lines directly to the Luzerne County Communications Center, the Nanticoke Police Department or the Nanticoke Fire Department or to a person who is instructed to notify the Police Department of the alarm.
[1]
Editor's Note: The definition of "permit holder," which immediately followed this definition, was repealed 12-19-2012 by Ord. No. 19-2012.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.[2]
[2]
Editor's Note: Original § 13-102, Permits required, as amended 12-1-2004 by Ord. No. 16-2004, which immediately followed this section, was repealed 7-18-2007 by Ord. No. 19-2007.
A. 
If an alarm device is designed to transmit a recorded message directly to the Luzerne County Communications Center, the duration of such recorded message shall not exceed 60 seconds. The contents of the recorded message shall be intelligible and in a format approved by the Police Department.
B. 
A direct alarm device shall be designed to dial only specific telephone numbers designated by the Police Department, Fire Department or the Luzerne County Communications Center.
[Amended 12-19-2012 by Ord. No. 19-2012]
C. 
A direct alarm device shall be designed so that it interfaces with the Luzerne County Communications Center or any other receiving station maintained by the Police or Fire Department.
D. 
If an alarm device is designed to cause a bell, siren or sound-making device to be activated on or near the premises on which the alarm device is installed at the time it gives an alarm, said alarm device shall be designed to deactivate the bell, siren or other sound-making device after 30 minutes of operation. Preexisting units must be modified for a thirty-minute device unless said unit cannot be modified without replacement.
E. 
All alarm devices shall meet the applicable standards of Underwriters' Laboratories and/or the National Fire Protection Association and/or other recognized industry standards and shall be permitted under this article if in conformity thereto. An alarm device which does not meet any of the above standards or for which there is no recognized industry standard shall require the submission of evidence of the reliability or suitability of the alarm device. Any such an alarm device which does not conform to the recognized standard shall be subject to satisfactory performance of said alarm device after installation. A person may be required to submit subsequent evidence of the reliability and suitability of the alarm device.
[Amended 12-19-2012 by Ord. No. 19-2012]
F. 
The sensory mechanism used in connection with an alarm device must be adjusted to suppress false indications of fire or intrusions, so that the alarm device will not be activated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises such as the rattling of vibrating of doors or windows, vehicular noise adjacent to the premises, or other forces unrelated to genuine alarm situations.
[Amended 12-1-2004 by Ord. No. 16-2004]
A. 
Intentional false alarms. No person shall create an intentional false alarm.
[Amended 12-19-2012 by Ord. No. 19-2012]
B. 
Accidental false alarms. Should any alarm system cause a false alarm for any reason, the owner of said system shall pay to the City of Nanticoke a graduated service charge for each and every false alarm to which the police, fire or other emergency services department responds in each alarm year (July 1 to June 30), pursuant to a schedule as follows or subsequently established from time to time by resolution of City Council.
[Amended 7-18-2007 by Ord. No. 19-2007]
(1) 
First false alarm: $10.
(2) 
Second false alarm: $20.
(3) 
Third false alarm: $30.
(4) 
Fourth and subsequent alarms: $50.
C. 
A false alarm shall be any emergency alarm which is actuated by inadvertence, negligence or unintentional act to which the Police or Fire Department responds, including alarms caused by the malfunction of the alarm system, except that the following shall not be considered false alarms:
(1) 
Alarms caused by the malfunction of the equipment in the Luzerne County Communications Center.
(2) 
Alarms caused by the testing, failure or repair of telephone equipment or lines.
(3) 
Alarms caused by an act of God, such as earthquakes, flood, windstorm, thunder or lightning.
(4) 
Alarms caused by an attempted illegal entry or of any other crimes of which there is visible or reasonable evidence.
(5) 
Alarms followed by a call to the Luzerne County Communications Center with proper coded identification canceling the alarm prior to the arrival of the Police or Fire Department.
D. 
At the end of each alarm year (July 1 to June 30), the Police or Fire Department shall notify the person of the number of false alarms which occurred during the year and the amount of the charge that is due. Such notice shall be in writing and mailed to the person at his last known address by regular mail.
[Amended 12-19-2012 by Ord. No. 19-2012]
E. 
A false alarm charge shall be due and payable at the office of the Police or Fire Department 30 days from the date of the mailing of the notice of assessment of the charge.[1]
[1]
Editor's Note: Former Subsection F, which referenced a repealed section and which immediately followed this subsection, was repealed 12-19-2012 by Ord. No. 19-2012.
No person shall conduct a test of any alarm device without first obtaining permission from the Police or Fire Department.[1]
[1]
Editor's Note: Original § 13-106, Liability of the City, which immediately followed this section, was repealed 12-19-2012 by Ord. No. 19-2012.
Administration and enforcement of this article shall be functions of the City of Nanticoke and shall include the following:
A. 
[1]Authority to order the disconnection of an alarm device until such device is made to comply with operational standards set forth herein, but only when evidence of failure to comply with said standards imposes a burden upon the City of Nanticoke as a result of false alarms.
[1]
Editor's Note: Original § 13-107A, regarding the City's authority to accept, reject or revoke a permit application, which immediately preceded this subsection, was repealed 7-18-2007 by Ord. No. 19-2007.
B. 
Authority, at reasonable times and upon written notice, to enter upon any premises within the City of Nanticoke to inspect the installation and operation of an alarm device.[2]
[2]
Editor's Note: Original § 13-108, Right to appeal, which immediately followed this section, was repealed 12-19-2012 by Ord. No. 19-2012.
[Amended 12-1-2004 by Ord. No. 16-2004]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 2-19-2014 by Ord. No. 1-2014]
The City Council of the City of Nanticoke desires to establish standards for carbon monoxide alarms and impose penalties.
The following words and phrases, when used in this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
APARTMENT
A room or suite of two or more rooms, occupied or leased for occupation, or intended or designed to be occupied, as a domicile.
APPROVED CARBON MONOXIDE ALARM
The term includes:
A. 
A single- or multiple-station carbon monoxide alarm listed as complying with the approved American National Standard for Single- and Multiple-Station Carbon Monoxide Alarms (ANSI/UL2034) or a carbon monoxide detector listed as complying with the approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075), installed in accordance with this article.
B. 
A device that may be combined with a smoke alarm or smoke detector if the combined smoke alarm or detector meets all of the following:
(1) 
Complies with either of the following:
(a) 
The approved American National Standard for Single- and Multiple-Station Carbon Monoxide Alarms (ANSI/UL2034) for carbon monoxide alarms and the approved American National Standard for Single- and Multiple-Station Smoke Alarms (ANSI/UL217) for smoke alarms.
(b) 
The approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075) for carbon monoxide detectors and the approved American National Standard for Safety for Smoke Detectors for Fire Alarm Systems (ANSI/UL268) for smoke detectors.
(2) 
Emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.
C. 
A carbon monoxide detection system that includes carbon monoxide detectors and audible notification appliances that are installed and maintained in accordance with the National Fire Alarm and Signaling Code (NFPA 72) and the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720) and are in compliance with the approved American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL2075).
FOSSIL FUEL
Coal, kerosene, oil, wood, fuel gases and other petroleum or hydrocarbon products which emit carbon monoxide as a by-product of combustion.
INSTALLED
A carbon monoxide alarm that is hard-wired into the electrical wiring, directly plugged into an electrical outlet without a switch, other than a circuit breaker, or, if the alarm is battery-powered, attached to the wall or ceiling of a residential building, an apartment or a multifamily dwelling, in accordance with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment (NFPA 720).
MULTIFAMILY DWELLING
Any house or building, or portion thereof, that is intended or designed to be occupied or leased for occupation, or occupied as a home or residence for three or more households living in separate apartments and doing their cooking on the premises.
OPERATIONAL
Working and in service.
RESIDENTIAL BUILDING
Detached one-family and two-family dwellings and multiple single-family dwellings which are not more than three stories in height with a separate means of egress, which includes accessory structures.
A. 
Residential building. Upon the sale of a residential building, the seller shall disclose information regarding the installation of carbon monoxide detectors on the property disclosure statement required by 68 Pa.C.S.A. Ch. 73 (relating to seller disclosures).
B. 
Multifamily dwellings. Each apartment in a multifamily dwelling which uses a fossil-fuel-burning heater or appliance, fireplace or an attached garage must have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace within 18 months of the effective date of this article.
A. 
Owner responsibilities. The owner of a multifamily dwelling having a fossil-fuel-burning heater or appliance, fireplace or an attached garage used for rental purposes and required to be equipped with one or more approved carbon monoxide alarms shall:
(1) 
Provide and install an operational, centrally located and approved carbon monoxide alarm in the vicinity of the bedrooms and the fossil-fuel-burning heater or fireplace.
(2) 
Replace, in accordance with this article, any approved carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the rental property and which has not been replaced by the prior occupant before the commencement of a new occupancy of the rental property.
(3) 
Ensure that the batteries in each approved carbon monoxide alarm are in operating condition at the time the new occupant takes residence in the rental property.
B. 
Maintenance, repair or replacement. Except as provided in Subsection A, the owner of a multifamily dwelling used for rental purposes is not responsible for the maintenance, repair or replacement of an approved carbon monoxide alarm or the replacement of batteries while the building is occupied. Responsibility for maintenance and repair of carbon monoxide alarms shall revert to the owner of the building upon vacancy of the rental property.
C. 
Occupant responsibilities. The occupant of each multifamily dwelling used for rental purposes in which an operational and approved carbon monoxide alarm has been provided must:
(1) 
Keep and maintain the device in good repair.
(2) 
Test the device.
(3) 
Replace batteries as needed.
(4) 
Replace any device that is stolen, removed, missing or rendered inoperable during the occupancy of the building.
(5) 
Notify the owner or the authorized agent of the owner, in writing, of any deficiencies pertaining to the approved carbon monoxide alarm.
The Code Enforcement Officer of the City of Nanticoke shall be empowered to enforce this article.
Willful failure to install or maintain in operating condition any approved carbon monoxide alarm required by this article, or failure to adhere to any other provisions of this article, is a summary offense punishable by a fine of up to $200 and/or imprisonment of up to 90 days.