Specifically defined terms. As used in this chapter, the following
terms shall have the meanings indicated:
ALARM
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.
ALARM REGISTRATION
Documentation pertaining to any alarm system which identifies
the owner or lessee of the system; the address of the property which
is protected by 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 Pocono Township.
AUTOMATIC PROTECTION DEVICE
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.
BOARD
The Board of Commissioners of Pocono Township.
EMERGENCY COMMUNICATION CENTER
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.
EMERGENCY INCIDENT
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, safety, including but not limited to fires; petroleum,
chemical or hazardous materials spills and releases; and building,
well, trench or sinkhole collapses.
EMERGENCY RESPONSE AGENCIES
Fire companies, ambulance corps, paramedics, 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.
EMERGENCY SERVICE COST
(1)
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:
(a)
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 personnel
involved in responding to any emergency incident times the number
of hours worked in response to any emergency incident or, in the case
of emergency response agency volunteer personnel, the reasonable hourly
value of the volunteer personnel, as determined by the Township Board
of Commissioners 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; and
(b)
The cost of all nonreusable materials and all contaminated or
consumed materials utilized in connection with any emergency incident;
and
(c)
The cost of all equipment, calculated by estimating the number
of hours of the useful life of such equipment and dividing the same
into 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; and
(d)
The administrative cost of recordkeeping, information processing
and compilation of a bill of costs; and
(e)
The reasonable attorney's fees and costs (including witness
fees) of pursing any and all enforcement or collection actions for
emergency service costs against responsible parties.
(2)
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 $500 under the terms and provisions of this chapter,
except in the case of emergency incidents involving hazardous materials,
in which event the full emergency service cost shall be assessed and
collected.
FALSE ALARMS
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.
FIRE LOSS
Any loss occurring after the effective date of this chapter
and covered under a policy of fire insurance, including all endorsements
or riders to the policy.
INSTALLER
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 designated to require
a response from any emergency response agency.
INSURING AGENT
Any fire or casualty insurer which provides reimbursement
for emergency response agency costs or expenses in the event of an
emergency incident.
KEY
To use a telephone line and equipment for transmitting a
message either directly or indirectly by an automatic protection device.
RESPONSIBLE PARTIES
The following person(s) or legal entities shall, for the
purposes of this chapter, be deemed responsible parties:
(1)
The owner of any petroleum, petroleum distillate or by-product,
hazardous material or chemical and any carrier, including any pipeline
owner, of any such material which is spilled, released, dumped, deposited
or stored and to which there is a response by an emergency response
agency.
(2)
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.
(3)
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.
(4)
All person(s) and legal entity or entities found to be legally
responsible in any court of competent jurisdiction for causing of
any emergency incident.
SENSORY DEVICES
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 to which it is attached.