[Ord. 2-97, 3/6/1997, § I]
This Part shall be known as the "Upper Macungie Township Emergency
Response and Reimbursement Ordinance of 1997."
[Ord. 2-97, 3/6/1997, § II]
1.
Terms used in this Part which are defined in the Pennsylvania Hazardous
Material Emergency Planning Response Act, 35 P.S. § 6022.101
et seq., or any amendments thereto, shall be presumed to have the
same meaning as set forth in that Act, unless expressly defined differently
herein.
2.
Terms in this Part which are defined in the 1992 amendments to the
Pennsylvania Insurance Company Law, Acts 1992-98 and 1994-93, respectively,
or any subsequent amendments thereto, shall be presumed to have the
same meaning as set forth in that Act, unless expressly defined herein.
3.
ALARM
ALARM REGISTRATION
AUTOMATIC PROTECTION DEVICE
BOARD
EMERGENCY COMMUNICATION CENTER
EMERGENCY INCIDENT
EMERGENCY RESPONSE AGENCIES
EMERGENCY SERVICE COSTS
A.
B.
C.
D.
E.
FALSE ALARMS
FIRE LOSS
INSTALLER
INSURING AGENT
KEY
RESPONSIBLE PARTY/PARTIES
A.
B.
C.
D.
SENSORY DEVICES
TOWNSHIP
Specifically Defined Terms.
Any siren, bell, horn or other device which is attached to
the interior or exterior of a structure and emits a warning signal
audible outside the structure or transmits a prerecorded voice alarm
or other signal and is designed to attract attention or transmits
a message to an emergency communication center, when activated by
a criminal act or other emergency requiring emergency response agencies
to respond. The term "alarm" shall include automatic protection devices
and sensory devices.
Documentation pertaining to any alarm system, other than
a residential sensory device, which identifies the owner or lessee
of the system; the identity of individuals authorized to respond to
the alarm in order to gain access to the property and deactivate the
system; the identity of the firm or individual who installed the system
and can provide emergency repair service; and any other data required
by Upper Macungie Township.
An electrically operated instrument composed of sensory apparatus
and related hardware which automatically transmits a prerecorded voice
alarm or other similar message over telephone line, by direct or indirect
connection to an emergency communication center, upon receipt of a
stimulus from sensory apparatus that has detected a physical force
or other stimulus inherently characteristic of a fire intrusion.
The Board of Supervisors of Upper Macungie Township.
A protection system or group of such systems, operated privately
for customers or publicly by a person, firm, corporation or governmental
entity which maintains, supervises or accepts recorded messages from
automatic protection devices at a central station having operators
that have the duty to take appropriate action upon receipt of a signal
or message.
An occurrence involving a risk of harm and/or imminent threat
to private or public property life or a potential threat to the environment
or public health or safety, including but not limited to fires, petroleum,
chemical or hazardous materials spills and releases and building well,
trench or sinkhole collapses.
Fire companies, ambulance corps, fire police and other emergency
providers serving the residents of the Township or responding to requests
for and/or assistance pursuant to any mutual aid agreement duly authorized
by the Township, and Township employees responding to an emergency
incident at the request of any emergency response agency.
All direct and indirect costs and expenses incurred or expended
by the Township or any emergency service agency, or both, in connection
with any emergency incident, including, but not limited to, the following:
The costs of labor calculated by determining the actual hourly
wage rate plus the hourly cost of fringe benefits (and including overtime
rates, if applicable) normally paid by the Township to Township employees
times the number of hours worked in response to any emergency incident,
or in the hourly value of the volunteer personnel, as determined by
the Township Board of Supervisors from time to time, taking into account
the funds expended to train and properly equip each such volunteer,
times the number of hours worked by each such volunteer in response
to any emergency incident.
The cost of all nonreusable materials and all contaminated or
consumed materials utilized in connection with any emergency incident.
The cost of all equipment, calculated by estimating the number
of hours of the useful life of such equipment and dividing same into
the replacement cost plus the maintenance cost of said equipment and
then multiplying the result by the number of hours such equipment
was in service in response to any emergency incident.
The administrative cost of recordkeeping, information processing
and compilation of a bill of costs.
The reasonable attorney's fees and costs (including witness
fees) of pursuing any and all enforcement or collection actions for
emergency service costs against responsible parties.
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In no event shall the emergency service cost assessed and collected
for any single emergency response agency as a result of any individual
incident exceed $2,500 under the terms and provisions of this Part,
except in the case of emergency incidents involving hazardous materials
and/or those occurrences which are nuisance incidents, in which cases
the full emergency service cost shall be assessed and collected without
limitation. [Added by Ord. 2012-3, 5/23/2012, § 2]
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Any alarm or signal activated by an automatic protection
device or any other kind of direct or indirect signal given to an
emergency communication center or any signal given from a sensory
device, to which police or firemen respond, which is not the result
of weather extremes, burglary, robbery, fire or similar emergency.
Any loss occurring after the effective date of this Part
and covered under a policy of fire insurance, including all endorsements
or riders to the policy.
Any company, corporation or individual which has contracted
to engage or has engaged in the act of installing fire, intrusion,
water or other alarms or alarm systems which are designed to require
a response from any emergency response agency.
Any fire or casualty insurer which provides reimbursement
for emergency response agency costs or expenses in the event of an
emergency incident.
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic protection device.
The following person(s) or legal entities shall, for the
purposes of this Part, be deemed responsible parties:
The owner of any petroleum, petroleum distillate or by-product,
hazardous materials or chemicals, and any carrier, including pipeline
owner, of any such materials, which are spilled, released, dumped,
deposited or stored and to which there is a response by an emergency
response agency.
The owner of the real property on which any petroleum, petroleum
distillate or by-product, hazardous material or chemical is spilled,
released, dumped, deposited or stored and to which there is a response
by an emergency response agency.
The owner of real or personal property on or in which there
occurs an unfriendly fire; a building, well, trench or sinkhole collapse
requiring rescue efforts or otherwise threatening life, property or
the environment, or vehicular accidents involving fire, personal injury
or loss of life, to which there is a response by an emergency response
agency.
All person(s) and legal entity or entities found to be legally
responsible in any court of competent jurisdiction for causing any
emergency incident.
A device attached to the interior of a structure which is
not tied to an emergency communication center and is, or is intended
to be, audible on the exterior of the structure of which it is attached.
The Township of Upper Macungie.
[Ord. 2-97, 3/6/1997, § III]
1.
Payment of Municipal Claims and Lienable Amounts.
A.
Certificates of Municipal Claims. The Township's designated officer
shall, upon written request of the named insured specifying the tax
description of the property, name and address of the insuring agent
and the date agreed upon by the insuring agent and the named insured
as the date of the receipt of a loss report of the claim, furnish
the insuring agent with either of the following within 14 days of
the request:
(1)
A certificate to the effect that, as of the date specified in
the request, there are no delinquent taxes, assessments, penalties
or user charges against the property and that, as of the date of the
Township Treasurer's certificate, the Township has not certified any
amount as total costs incurred by the Township for the removal, repair
or securing of a building or other structure on the property.
(2)
A certificate and bill showing the amount of delinquent taxes,
assessments, penalties and use charges against the property as of
the date specified in the request that have not been paid as of the
date of the certificate and also showing, as of the date of the Township
Treasurer's certificate, the amount of the total costs, if any, certified
to the Township Treasurer that have been incurred by the Township
for the removal, repair or securing of a building or other structure
on the property. For the purposes of this subsection, the Township
shall provide to the Township Treasurer the total amount, if any,
of such costs, if available, or the amount of costs known to the Township
at the time of the Township Treasurer's certificate.
(3)
A tax, assessment, penalty or user charge becomes delinquent
at the time and on the date a lien could otherwise have been filed
against the property by the Township under applicable law.
B.
Fire Losses.
(1)
Upon the receipt of a certificate and bill pursuant to Subsection 1A(2) of this Section, the insuring agent shall return the bill to the Township Treasurer and transfer to the Township Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill or the full amount of the insurance proceeds, whichever is the lesser amount. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill. Further, the terms of Subsection 1B(2) shall be followed, if applicable. Nothing in this Section shall be construed to limit the ability of the Township to recover any deficiency.
(2)
Upon receipt of a certificate pursuant to Subsection 1A of this Section, the insuring agent shall pay the claim of the named insured in accordance with policy terms, except that, if the fire loss agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire insurance policies covering the building or other structure, the following procedures shall be followed:
(a)
The insuring agent shall transfer from any insurance proceeds
to the Township Treasurer the sum of $2,000 for each $15,000 of the
policy holder's claim and for each fraction of that amount of a claim.
If the total claim is $15,000 or less, the amount transferred to the
Township shall be $2,000.
(b)
If, at the time of a fire loss report, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure in an amount less than the amount calculated under Subsection 1B(2)(a) above, the insuring agent shall transfer to the Township from the insurance proceeds the amount specified in the estimate.
(c)
The transfer of proceeds to the Township shall be on a pro rata
basis by all companies, associations or exchanges insuring the building
or other structure. Policy proceeds remaining after the transfer to
the Township shall be disbursed in accordance with the policy terms.
(d)
After the transfer, the named insured may submit a contractor's
signed estimate of the costs of removing, repairing or securing a
building or other structure, and the Township Treasurer shall return
the amount of the funds transferred to the Township in excess of the
estimate to the named insured, if the Township has not commenced to
remove, repair or secure the building or other structure.
(e)
Upon receipt of proceeds under this Section, the Township shall
do the following:
1)
The Township Treasurer shall place the proceeds in a separate
fund to be used solely as security against the total costs of removing,
repairing or securing the building or structure which are incurred
by the Township in connection with such removal, repair or securing
of the building or any proceedings related thereto.
2)
It is the obligation of the insuring agent when transferring
the proceeds to provide the Township with the name and address of
the named insured. Upon receipt of the transferred funds and the name
and address of the named insured, the Township Treasurer shall contact
the named insured, certify that the proceeds have been received by
the Township and notify the named insured that the procedures under
this subsection shall be followed.
3)
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Township and the required proof of such completion
received by the Township Treasurer, and if the Township has not incurred
any costs for repairs, removal or securing, the funds shall be returned
to the named insured. If the Township has incurred costs for repairs,
removal or securing of the building or other structure, the costs
shall be paid from the funds and, if excess funds remain, the Township
shall transfer the remaining funds to the named insured.
4)
To the extent that interest is earned on proceeds held by the
Township pursuant to this Section and such proceeds are not returned
to the named insured, such interest shall belong to the Township.
To the extent that proceeds are returned to the named insured, interest
earned on such proceeds shall be distributed to the named insured
at the time that the proceeds are returned.
C.
Claim Payment Limitations and Fire Losses. No insuring agent doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insuring agent is furnished by the Township Treasurer with a municipal certificate pursuant to § 638(a) of the Insurance Law and Subsection 1 of this Section, and unless there is compliance with §§ 638(c) and (d) of the Insurance Law and with the provisions of this Part.
2.
Emergency Service Cost Reimbursement.
A.
Invoicing Procedure. The Township Treasurer shall, upon the written
request of any emergency response agencies, remit invoices to the
responsible party/parties involved in any emergency incident, which
specify the emergency incident and request reimbursement for emergency
service costs, within 60 days of the invoice date.
B.
The responsible party/parties shall promptly remit the invoice referenced in Subsection 2A above to his/her/its/their insuring agent, if any, which evidences the sixty-day response date.
C.
If the responsible party/parties' insuring agent shall not have been
paid the invoice remitted to it within the said 60 days' period, the
responsible party/parties shall be deemed responsible for immediate
payment of the emergency service costs evidenced thereby.
3.
Designated Officer. The Treasurer of Upper Macungie or the Treasurer's
designee is hereby appointed as the designated officer authorized
to carry out the duties of responsibilities set forth in this Section.
4.
Limitation of Actions. Nothing in this Section will be construed
to limit the ability of the Township to recover any deficiency by
lien, fine or action in law or in equity. Furthermore, nothing in
this subsection shall be construed to prohibit the Township and the
named insured from entering into an agreement that permits the transfer
of funds to the named insured if for some other reason disposition
of the damaged property has been negotiated.
5.
Rules and Regulations. The Board of Supervisors may by resolution
adopt procedures and regulations to implement § 508 of the
Insurance Law and this Part and may by resolution fix reasonable fees
to be charged for municipal activities or services provided pursuant
to the Insurance Law and this Part, including, but not limited to,
issuance of certificates and bills, performance of inspections and
opening separate fund accounts.
6.
Penalties for Violations. Any owner of property, any named insured or any insuring agent who or which violates any provisions of § 1-403 of this Part shall, upon a judicial determination thereof, be assessed a civil penalty for each such violation of not more than $1,000, plus costs of suit. All such sums shall be paid to the Township of Upper Macungie.
[Ord. 2-97, 3/6/1987, § IV; as amended by Ord.
2005-2, 2-3-2005, § 2]
1.
Designation of Nuisance Incidents. Should any property be subject
to more than one emergency incident within any twelve-month period,
any emergency incidents occurring subsequent to the initial emergency
incident shall be declared to be public nuisances and are hereby declared
to be nuisance incidents, with the responsible party fully responsible
for all emergency service costs, without limitation.
[Amended by Ord. 2012-3, 5/23/2012, § 2]
2.
Liability of Responsible Party/Parties. The responsible party/parties
shall be liable for and shall reimburse the Township for all or part
of the direct and indirect emergency service costs incurred or expended
by any emergency response agency for labor, materials, equipment used
in connection with any emergency incident.
3.
Cost Billing and Collection Procedure.
A.
The Township Treasurer shall assemble/compile a bill of costs for
each emergency incident as follows:
(1)
Within 30 days after rendering services in connection with an
emergency incident or as soon thereafter as possible, the chief operating
officer of each involved emergency response agency shall submit to
the Township Treasurer or his/her designee an itemized bill of costs
calculated in accordance with the provisions of this Part.
(2)
The Township Treasurer shall review all such bills of costs,
correct any errors or duplications, and compile a final documented
total bill of costs.
B.
Upon compilation of a complete bill of costs, the Township Treasurer
shall, within 45 days of the emergency incident, or as soon thereafter
as possible, render an itemized billing statement to the responsible
party/parties for the total amount of all submitted bills of costs
plus 15% for administrative expense.
[Amended by Ord. 2012-3, 5/23/2012, § 2]
C.
If the responsible party/parties have not paid the bill of costs
within 45 days from the date same was billed, the Township Treasurer
shall take appropriate enforcement and collection actions against
the responsible party/parties.
D.
The Township may enforce this Part by having its Solicitor file a
civil action(s) against any responsible parties in any court of competent
jurisdiction for the recovery of any or all emergency service costs.
E.
As an alternative to the foregoing procedure, the chief executive
officer of any emergency response agency which responded to an emergency
incident may prepare or cause to be prepared an itemized bill of costs
compiled in accordance with this Part for his or her emergency response
agency only and submit same directly to a responsible party/parties
for payment or submission for third party payment. However, any emergency
response agency which elects to submit a direct cost billing to a
responsible party/parties shall not, without the consent of the Board
of Supervisors of the Township, thereafter be entitled to submit such
cost billing to the Township for collection efforts in the event of
nonpayment, partial payment or dispute concerning responsibility for
payment or the amount of the cost billing.
4.
Disbursement of Recovered Costs. All monies received and/or recovered
by the Township under the provisions of this Part in connection with
an emergency incident shall be deposited in a special Township emergency
service cost recovery account and, upon completion of cost recovery
efforts, the Township Treasurer shall disburse the funds recovered.
[Ord. 2-97, 3/6/1997, § V]
1.
Alarm Installation Requirements.
A.
Within 60 days from the effective date of this Part, every owner
or lessee of an alarm shall register same with Upper Macungie Township.
Such registration shall include but not necessarily be limited to
the following information:
(1)
The name, residence and telephone number of the owner or lessee.
(2)
The address where the device is installed and the telephone
number of that address.
(3)
The names, addresses and telephone numbers of at least two persons
who are authorized to respond to an alarm and gain access to the address
where the device is installed.
(4)
The name, address and phone number of the installer of the alarm.
(5)
The owner of a sensory device shall not be required to register
with Upper Macungie Township, notwithstanding the term "sensory device"
being included in the definition of "alarm."
B.
After the enactment of this Part, owners or lessees must equip alarms
with timing mechanisms that will disengage the alarm after a maximum
period of 30 minutes. Alarms without such timing mechanism shall be
unlawful in the Township and must be equipped with a timing mechanism
or disconnected by the owner or lessee within 60 days from the effective
date of this Part.
C.
Within 60 days after the effective date of this Part, all persons
owning or operating existing or new automatic protection devices that
transmit recorded messages directly to an emergency communication
center shall contact the Lehigh County Emergency Communication Center
for the proper transmission procedure.
D.
All information furnished pursuant to these sections shall be kept
confidential and shall be solely for the use of the emergency response
agencies and Lehigh County Emergency Communication Center.
2.
Alarm Operation Requirements.
A.
Alarms installed in the Township that are keyed to an assigned trunk
line in the Lehigh County Emergency Communication Center shall meet
the following requirements:
(1)
No more than two calls shall be made to the Lehigh County Emergency
Communication Center as a result of a single activation of the automatic
protection device.
(2)
The sensory mechanisms used in conjunction with an automatic
protection device must be adjusted to suppress false indications of
fire or intrusion, so that the device will not be activated by impulses
due to fleeting pressure changes in water pipes, short flashes of
light, rattling or vibrating of doors and windows, vibrations to the
premises caused by the passing of vehicles, weather extremes or other
similar force not related to emergencies requiring protection.
(3)
All components comprising an automatic protection device must
be maintained by the owner or lessee in good repair to assure maximum
reliability of operation.
(4)
Each owner or lessee shall be required to provide external visible
and legible identification of the installing company on the protected
structure on or near the main entrance. This identification shall
include a twenty-four-hour emergency telephone number where someone
can be reached to deactivate the system.
3.
Automatic Protection Devices; Technical Information.
A.
Each installer who sells or leases an automatic protection devices
in the Township which is keyed to an emergency communication center
or intermediary after the effective date of this Part shall furnish
to the owner or lessee a set of operating instructions, a circuit
diagram, a maintenance manual and written information as to how service
may be obtained, including the telephone number of the installer or
agent responsible for service.
B.
(Reserved)
4.
Automatic Protection Devices; Repair Services.
A.
Each installer who installs an automatic protection device in the
Township shall make service available to the owner or lessee of same,
directly or through an agent, within 24 hours of a request by such
owner or lessee for repair or service. Such service shall be made
available to such owner or lessee at his or her election and expense.
B.
The owner or lessee of an automatic protection device shall be responsible
for having any device rendering a false alarm disconnected or repaired
within one hour of the commencement of the first such false alarm.
5.
Automatic Protection Devices; Disconnection.
A.
When messages evidencing failure to comply with the operational requirements
set forth in any Section of this Part are received by the Lehigh County
Emergency Communication Center, the automatic protection device sending
such messages shall be disconnected in order to relieve the emergency
service providers from responding to false alarms. Any designated
Township Code Enforcement Officer is hereby authorized to demand that
the owner or lessee of the device, or his representative, disconnect
the device until it is made to comply with the operational requirements
thereof.
B.
(Reserved)
6.
Registration and User Fees.
A.
The Board of Supervisors may establish reasonable registration fees
for installations permitted following the enactment of this Part.
B.
Each property owner or lessee utilizing any alarm shall be charged
a user fee for service by the Township for each false alarm that results
in action by an emergency response agency. The user fee shall be $500
for each false alarm or any other fee as set by the Township from
time to time by resolution or ordinance.
[Amended by Ord. 2012-3, 5/23/2012, § 2]
C.
If any property owner desires to appeal from the imposition of any
fee for service, the appeal shall be directed, in writing, to the
Board of Supervisors within 30 days of the date the fee is assessed
or imposed.
