[Ord. 530, 7/20/1992, § 401]
It is the intent and purpose of this Part to adopt emergency
alarm provisions which will prescribe effective standards, requirements
and controls to reduce the frequency of false alarms within the Township.
[Ord. 530, 7/20/1992, § 402; as amended by Ord.
820, 12/8/2003]
The following definitions shall apply in the interpretation
and enforcement of this Part:
ALARM
A communication to the public safety agency indicating that
a crime, fire or other emergency situation warranting immediate action
by the public safety agency has occurred or is occurring.
ALARM SUPPLIER
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system or causing
any alarm system to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed, in or on any building, structure
or facility.
ALARM SYSTEM
Any assembly of equipment, mechanical, electrical or battery
operated, arranged to signal the occurrence of a police, fire, hazard
or medical emergency requiring urgent attention and to which police,
medical or fire units are expected to respond. Exceptions:
(1)
Manual fire alarm pull stations are not regulated by this Part.
(2)
Residential smoke detectors that do not transmit an alarm signal
off premises are not regulated by this Part.
ANSWERING SERVICE
A service whereby trained employees, in attendance at all
times, receiving prerecorded voice messages from automatic dialing
devices reporting an emergency at a stated location, where such employees
have the duty to relay immediately any such emergency message to the
communications center of the police, fire or medical agency.
AUDIBLE ALARM
Any device, bell, horn or siren which is attached to the
interior or exterior of a building, structure or facility and emits
a warning signal audible outside the building, structure or facility
and is designed to attract attention when activated by a criminal
act or other emergency requiring police or fire or medical agency
response.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and
is programmed to transmit a signal by a voice or coded message that
indicates that an emergency condition exits and the need for an emergency
response is required.
CENTRAL STATION
A protective system or group of such systems operated privately
for customers by a person, firm or corporation which accepts recorded
messages from automatic dialing devices at a central station having
operators and guards in attendance at all times who have the duty
to take appropriate action upon receipt of a signal or message, including
the relaying of messages to the communications center of the police,
fire or medical agency.
COG
The Centre Region Council of Governments.
DIRECTOR
Director of the Centre Region Code Administration Agency.
EMERGENCY
A police, fire, hazard or medical emergency.
FALSE ALARM
Any alarm activated in the absence of an emergency, whether
willfully or by inadvertence, negligence or unintentional act, including
the malfunction of the alarm system; the intentional activation of
a holdup alarm for other than a holdup in progress; the intentional
activation of a burglary alarm for other than a burglary; the intentional
activation of a medical alarm for other than a medical emergency;
or the intentional activation of a fire alarm for other than a fire
or hazard to which the police or fire agency responds. Exception:
An alarm caused by the testing or repairing of telephone or electrical
lines or equipment outside the premises; acts of God, such as earthquake,
flood, windstorm, thunder or lightning; an attempted illegal entry
of which there is visible evidence; a crime in progress; or in the
case of an emergency medical alarm, an actual medical emergency requiring
police, fire and/or medical personnel is excluded.
FIRE AGENCY
The Alpha Fire Company or any covering fire company.
FIRE CHIEF
Chief of the fire agency or an authorized designee.
HAZARD EMERGENCY
An explosion, leak of toxic gas, liquid or solid, or a potential
explosion or leak.
INTERMEDIARY
A central station protective system or an answering service
as herein defined.
KEY
To use a telephone line and/or other equipment for transmitting
a message either directly or indirectly by an automatic dialing device.
MUNICIPALITY
The Borough of State College, College Township, Ferguson
Township, Harris Township and Patton Township.
PERMIT
Written authorization granted to an applicant by the director
upon payment of the required fee.
PERSON
An individual, corporation, partnership, incorporated association
or similar entity.
POLICE AGENCY
The Centre Region Police Departments or Pennsylvania State
Police.
PROFESSIONAL ALARM LICENSE
Legal document authorizing a person the right to sell, install
and service an alarm system within the Township.
PUBLIC SAFETY AGENCY
The Centre Region Police Departments, Pennsylvania State
Police and/or covering fire and ambulance companies.
[Ord. 530, 7/20/1992, § 403; as amended by Ord.
820, 12/8/2003]
1. A permit and/or license shall be governed by the following requirements
on and after the effective date of this Part:
A. An alarm system permit shall be required for each structure having an alarm system or multiple alarm systems. The provisions of §
13-306, entitled "Alarm System Permit," shall apply.
B. A building permit shall be required for the installation of an alarm
system unless the system is battery powered.
C. An annual professional alarm license shall be required for the persons selling, installing, or servicing alarm systems within the Township. The provisions of §
13-305, entitled "Professional Alarm License," shall apply.
D. The alarm system permit and professional alarm license fees shall be established by resolution of the Township. The building permit fee shall be established through the adoption of the International Building Code or the International Residential Code, or as either may be subsequently amended [Chapter
5, Parts 1 and 3, respectively], by the Township.
2. Exception. The owner or occupant of the structure is exempt from
an alarm system permit and professional alarm license when installing
an alarm system providing:
A. The Township and COG shall be issued an alarm system permit where
applicable and shall be exempt from any alarm system permit fees.
[Ord. 530, 7/20/1992, § 404]
1. Exterior Alarms. On and after the effective date of this Part, owners
or users of exterior audible alarms must equip such exterior audible
alarms with a timing mechanism that will disengage the exterior audible
alarm after a maximum of 15 minutes except for water flow alarms.
Exterior audible alarms without such a timing mechanism shall be unlawful
in the Township and must be disconnected by the owner or user within
60 days from the effective date of this Part.
2. Automatic Dialing Devices. On and after the effective date of this
Part, no automatic dialing devices may be keyed to the police and
fire communications center.
[Ord. 530, 7/20/1992, § 405; as amended by Ord.
820, 12/8/2003]
1. On and after the effective date of this Part, no one except an alarm
supplier holding a valid professional alarm license (hereinafter referred
to as "license") from the Township or its designee shall sell, install
or service any alarm system within the Township.
2. The director shall issue a license to an alarm supplier meeting the
requirements of this section upon the filing of the required application
and payment of a fee as established by resolution. Each license shall
be an annual license and bear the signature of the director. A copy
of the license shall be physically displayed upon each of the premises
using the alarm system and shall be available for inspection by the
director or by an authorized code inspector. A license is not required
where no alarm system permit is required.
3. The alarm supplier applying for a license shall furnish the director
an insurance certificate on an annual basis confirming that the alarm
supplier has in force general liability insurance coverage in an amount
of not less than $300,000 for each occurrence. The alarm supplier
who self insures such coverage shall furnish evidence of financial
ability.
4. No corporation, sole proprietor, partner, joint venturer, trustee,
executor, administrator, employee, fiduciary, or stockholder with
a 5% or greater interest in a corporation (except a corporation whose
stock is publicly traded and registered with the Securities and Exchange
Commission or with a state security commission) applying for a license
shall have been convicted of a felony or pleaded nolo contendre to
a felony charge or indictment.
5. Alarm suppliers shall demonstrate a working knowledge of burglar,
hold up, fire or medical alarm systems that they sell and shall be
authorized by the manufacturer of the alarm equipment to sell, install
and maintain the same.
6. A license shall be removed or renewal denied when:
A. The alarm supplier fails to meet the requirements necessary to obtain
a license.
B. The license fee is not paid.
C. The director, Chief of Police, Fire Chief or other designee has reason
to believe the alarm supplier's installations are the cause of
false alarms.
D. The alarm supplier fails to provide emergency service as required
by the Part.
7. Every alarm supplier that installs one or more alarm systems in the
Township shall make service available directly or through an agent
on a twenty-four-hour per day basis, seven days a week, to repair
in a timely manner such devices and to correct malfunctions as they
occur. Any person using an alarm system shall make arrangements for
service to be available for such device on a twenty-four-hour per
day, seven days a week basis.
8. Every alarm supplier who, after the effective date of this Part,
sells or leases in the Township an alarm system, shall furnish operating
instructions and manual to the buyer or lessee.
[Ord. 530, 7/20/1992, § 406]
1. The user's fee for an alarm system permit shall be established
by resolution of the Township and said permit shall be obtained by
or on behalf of the owner of the premises upon which the alarm system
is installed from the Centre Region Code Administration Agency prior
to the installation of the alarm.
2. The alarm system permit shall bear the signature of the director
and be valid for the period that the owner owns the premises upon
which the alarm system is installed, or until revoked by the director.
The permit shall be physically present upon the premises using the
alarm system and shall be available for inspection by the director
or by an authorized code inspector.
3. The alarm system permit shall contain the address of the property,
the name of the business (if applicable), the name of the owner, tenant
or agent responsible for the property, the alarm supplier or other
entity responsible for maintaining the system (if applicable), the
type of alarm (fire, burglary, holdup, medical), at least two alternative
emergency numbers of person to be contacted to secure the property
and any additional information as may be determined to be necessary.
It shall be information as may be determined to be necessary. It shall
be the owner's responsibility to amend the foregoing information
whenever the information changes during the life of the permit.
4. Users who fail to obtain an alarm system permit within 60 days after
the alarm system is activated, or within 60 days after the effective
date of this Part, shall be liable to pay a late charge penalty as
designated by resolution of the Township for each calendar month or
part thereof that the permit is not obtained.
[Ord. 530, 7/20/1992, § 407]
1. Every alarm supplier selling, leasing or furnishing to any user,
or a user who privately installs an alarm system which is located
on premises within the Township shall:
A. Be permitted to install only equipment that is listed by Underwriter's
Laboratories, Inc., as being electrically safe and meeting the Township
requirements for the alarm system. Wiring for the alarm system must
conform with all applicable Township codes.
B. Be required to cause each alarm system installed to be provided with
standby battery power which shall automatically and immediately take
over in the event of a power failure without initiating an alarm except
for trouble signal.
C. Be required to install equipment in such a way as to neutralize electrical
surges on the alarm system.
D. Be required to deactivate any alarm system within a reasonable period
of time when multiple false alarms are received.
E. The sensory mechanisms used in connection with an alarm device must
be adjusted to suppress false indications of fire or intrusion, 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 or vibrating of doors or windows), vehicular
noise adjacent to the premises or other forces unrelated to genuine
alarm situations.
F. Application for a permit for the installation of an alarm system
and subsequent installation of such system pursuant to a permit issued
or the continuance of the use of any alarm system already installed
at the effective date of this Part shall constitute consent by the
owner or lessee thereof and authorization for the inspection of any
installation and/or operation by the director or his representative.
G. All such entries upon the premises where an alarm system is installed
and all such inspections of the installation and operation of alarm
systems shall be at reasonable times and upon reasonable notice, except
in emergency situations.
[Ord. 530, 7/20/1992, § 408; as amended by Ord.
820, 12/8/2003]
1. The permittee shall be notified in writing by the Public Safety Agency
for each and every false alarm activated in the absence of an emergency,
whether willfully or by inadvertence, negligence, or unintentional
act, including the malfunction of the alarm system to which the police,
fire or medical agency responds. Each twenty-four-hour period during
which an alarm occurs shall constitute a separate offense and each
offense shall accumulate over a twelve-month period as follows:
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False Alarm Notification
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First alarm
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Written warning
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Second alarm
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Written warning
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Third alarm
|
Written warning
|
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*Fourth alarm
|
*Charge as established by resolution
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*Fifth alarm
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|
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*Each additional alarm
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2. When the fourth and subsequent false alarm occurs, the Public Safety
Agency shall, within 20 days from the date of the false alarm, notify
the permittee that a false alarm charge is due and payable and the
amount thereof. Such notice shall be forwarded by certified mail to
the permittee at their last known address. Failure of the Public Safety
Agency to mail notice of assessment of the false alarm charge within
20 days from the occurrence of a false alarm shall preclude the Township
from assessing a false alarm charge for said false alarm.
3. A false alarm charge shall be due and payable at the office of the
Township within 25 days from the date of the mailing of the notice
of assessment of the charge. The Township and COG shall be exempt
from payment of all fees.
4. Failure of the permittee to pay a false alarm charge on or before the due date shall constitute a violation of this Part and shall subject said person to the penalties set forth in §
13-309 hereof.
5. If doubt exists as to the cause of the false alarm, the Chief of
Police or Fire Chief or their designee shall make a decision regarding
the circumstances of the activation.
6. Multiple alarms received by the police or fire agency before the
system can be deactivated within a reasonable period of time shall
be considered a single alarm.
[Ord. 530, 7/20/1992, § 409]
1. Should any person fail to pay the false alarm charges as required under §
13-308 of this Part, such failure shall constitute a violation of this Part, and such unpaid charges may be collected as fines by suit or summary proceeding brought in the name of the Township before any District Justice of this Commonwealth having jurisdiction. Such proceedings for such violations and for the collection of such fees imposed herein and unpaid may be commenced by warrant or by summons, at the discretion of the District Justice before whom such proceedings are begun. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation of the terms of this Part.
2. Any person who is convicted of a violation shall be subject to prosecution
in a summary proceeding brought before a District Justice having jurisdiction,
and upon conviction shall be liable for a fine of not less than $100
nor more than $1,000 plus costs of prosecution and, in default thereof,
may be sentenced and committed to imprisonment for a period not exceeding
30 days.
3. The Township and COG shall be exempt from all penalties under this
Part.
[Ord. 530, 7/20/1992, § 410; as amended by Ord.
820, 12/8/2003]
1. The issuance of any permit under this Part shall not constitute acceptance
by the Township or COG of any liability to maintain any equipment,
to answer alarms, nor otherwise render the Township or COG liable
to any person for any loss or damage relating to the alarm system
or procedure.
2. In the event the owner of such premises is a person other than the
permit applicant, as in the instance of a lessee or other user not
the owner of the premises on which the alarm is installed, such permit
application shall constitute an indemnification agreement by the applicant
to hold harmless any such police officer, firefighter or medical personnel;
the police department, fire department or the medical agency; the
Township or COG, as appropriate, from any and all damages whatsoever
claimed by the lessor or owner of the premises on which the alarm
is installed.
[Ord. 530, 7/20/1992, § 411]
1. Administration and enforcement of this Part shall be a function of
the Code Administration Agency and police services of the Township
and shall include the following:
A. Authority to accept or reject a permit application or revoke a permit
because of a misrepresentation or false statement contained in any
application for a permit, failure to correct any deficiencies in equipment
or operation of an alarm device connected to the central receiving
station after due notice, or not meeting other conditions and specifications
of this Part.
B. Authority to order the disconnection of an alarm device to the central
receiving station for a violation of this Part, or failure to pay
any of the appropriate fees.
[Ord. 530, 7/20/1992, § 412]
Any applicant or permit holder shall have aright of appeal under
this Part. An appeal may be taken when the fire department or the
Township empowered to make a decision regarding an installation, operation
or maintenance of an alarm device for which a permit has been required
and is denied, or upon which a permit has been issued and a revocation
of said permit has occurred. Such an appeal, when filed, shall be
in writing and filed within 10 days following such decision. The appeal
shall be filed with the governing body of the Township making the
decision. The governing body shall promptly conduct a hearing to affirm,
modify or reverse the decision appealed from. The decision of the
governing body shall be final.