[HISTORY: Adopted by the Borough Council of the Borough of
Fox Chapel 9-20-1999 by Ord. No.
607 (Ch. 7, Part 2, of the 1978 Code of Ordinances).
Amendments noted where applicable.]
A.Â
The purpose of this chapter is to require alarm users and alarm companies
to properly use and maintain the operational effectiveness and proper
utilization of alarm systems and to reduce or eliminate false alarms
which unduly divert law enforcement personnel from necessary functions,
including responding to criminal activity, and which place an undue
burden on fire personnel and resources.
B.Â
This chapter governs systems intended to summon law enforcement and
fire department personnel, establishes criteria for such systems,
provides for licensing of alarm companies, and establishes penalties
for violations.
C.Â
This chapter shall apply to all alarm systems, including local alarm
systems, currently or hereinafter installed in the Borough of Fox
Chapel.
[Amended 2-21-2000 by Ord. No. 610]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who/which is in the business of selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving, installing
or monitoring an alarm system in an alarm site.
A notification to a law enforcement or fire department agency
or dispatching agency that an alarm, either manual or automatic, has
been activated at a particular alarm site.
A single fixed premises or location served by an alarm system
or systems. Each tenancy, if served by a separate alarm system in
a multitenant building or complex, shall be considered a separate
alarm site.
A device or series of devices, including but not limited
to systems interconnected with a radio frequency method such as cellular
or private radio signals, which emits or transmits a remote or local
audible, visual or electronic signal indicating an alarm condition
and is intended to summon law enforcement or fire department services
of the Borough, including local alarm system. "Alarm system" does
not include an alarm installed on a vehicle or person unless the vehicle
or personal alarm is permanently located at a site.
Any person, firm, partnership, corporation or other entity
who (which) owns, uses or is in control of any alarm system at its
alarm site.
The Borough of Fox Chapel.
The process by which an alarm company providing monitoring
verifies with the alarm user or his/her representative or other responsible
party that a false dispatch has occurred and that there is not an
existing situation at the alarm site requiring law enforcement or
fire department agency response.
An entity designated by the Borough to receive notification
of alarms from an alarm company.
A silent alarm system signal generated by the manual activation
of a device intended to signal a life-threatening situation or a crime
in progress requiring law enforcement response.
An alarm dispatch request to a law enforcement or fire department
agency when the responding personnel find no evidence of a criminal
offense, attempted criminal offense or fire after having completed
a timely investigation of the alarm site.
A device which automatically detects heat, smoke or other
products of combustion and activates an alarm upon any such detection.
A license issued by the Borough to an alarm company to sell,
install, monitor, repair or replace alarm systems in the Borough of
Fox Chapel.
Any alarm system that annunciates an alarm by an internal
or external device at the alarm site only (i.e., is not connected
directly or indirectly to an alarm company). "Local alarm system"
does not include individual, battery-operated smoke detectors (e.g.,
FirstAlertâ„¢).
The process by which an alarm company receives signals from
an alarm system and relays an alarm dispatch request to the Borough's
dispatching agency for the purpose of summoning a law enforcement
or fire department response to the alarm site.
The capacity of an alarm system to accept manual activation
of a silent alarm signal by entering at a keypad a code that adds
one to the last digit of the normal arm/disarm code (e.g., if normal
code = 1234, then one plus duress code = 1235).
An audible alarm system signal generated by the manual activation
of a device intended to signal a life-threatening or emergency situation
requiring law enforcement response.
An individual, corporation, partnership, association, organization
or similar entity.
An attempt by the alarm company or its representative to
contact the alarm site by telephonic or other electronic means, whether
or not actual contact with a person is made, before requesting law
enforcement or fire department dispatch, in an attempt to avoid an
unnecessary alarm dispatch request.
A.Â
Any construction hereinafter undertaken requiring a building permit
shall have one or more fire-detecting devices installed in accordance
with the Borough's building code. All fire-detecting devices
shall be maintained in an operative condition at all times other than
when they are being serviced or tested.
B.Â
An alarm system must have one or more audible interior alarms that
can be clearly heard throughout the alarm site but shall not be so
loud as to cause a nuisance beyond the property line. Whenever reasonably
possible in existing alarm systems and in all new alarm systems, audible
alarm shall be programmed to sound for no longer than 10 minutes after
being activated and shall not reactivate until the alarm system has
been reset by the alarm user or his/her representative. The requirement
to have an audible alarm shall not apply to duress alarms.
C.Â
There shall be no audible exterior alarms on any alarm system or
local alarm system; all exterior alarms to be limited to light only.
All alarm systems installed after the effective date of this chapter
may have an external alarm light. All alarm systems existing as of
the effective date of this chapter having an external audible alarm
must disconnect the external audible alarm or convert the external
audible alarm to an alarm light by the effective date of this chapter.
A.Â
Alarm companies must be licensed by the Borough in order to provide
alarm services in the Borough or to Borough residents. The Borough
Manager may suspend or revoke the license of an alarm company for
failing to comply with the requirements set forth in this chapter.
B.Â
Applications for license shall be made on such forms and contain
such information as is required by the Borough to demonstrate compliance
with this chapter. The license will be valid for a period of one year
unless revoked earlier. The application will be accompanied by such
fee as may be determined by Council. A list of the alarm sites in
the Borough maintained by the alarm company shall accompany each application
for a license or license renewal. Such listing shall be sorted by
street address.
[Amended 2-21-2000 by Ord. No. 610]
A.Â
Upon enactment of this chapter, alarm companies shall not program
alarm systems so that they are capable of sending one plus duress
alarms. Alarm companies may continue to report one plus duress alarms
received from alarm systems programmed with one plus duress prior
to enactment of this chapter.
B.Â
Upon enactment of this chapter, alarm companies shall not install
a device activating a panic or duress alarm that is a single-action,
nonrecessed button.
C.Â
Upon enactment of this chapter, alarm companies must use control
panels tested for conformance to the Security Industry Association
(SIA) control panel standard – features for false alarm reduction
for all new systems and for all replacement systems.
D.Â
Alarm companies shall maintain customer databases for all customers
in the Borough and all adjoining municipalities that correctly reflect
the municipality in which each alarm site is located and shall assure
that an alarm site is in the Borough before issuing an alarm dispatch
request to a Borough agency or dispatching agency. Failure to do so
shall result in the automatic revocation of the alarm company's
license to operate in the Borough.
E.Â
An alarm company performing monitoring services shall:
(1)Â
Offer a training period for alarm users.
(2)Â
Report alarm signals to the dispatching agency by using telephone
numbers designated by the dispatching agency.
(3)Â
Verify every alarm signal from a residential alarm site (except a
duress or panic alarm activation) before requesting a law enforcement
or fire department response to the alarm system signal.
(4)Â
Communicate alarm dispatch requests to the dispatching agency in
a manner and form determined by the dispatching agency.
(5)Â
Communicate cancellations to the dispatching agency designated by
the Borough in a manner and form determined by the Borough and/or
the dispatching agency.
(6)Â
Ensure that all alarm users of alarm systems equipped with a duress
or panic alarm are given adequate training as to the proper use of
the duress or panic alarm.
(7)Â
Communicate any available information (north, south, front, back,
floor, etc.) about the location of any alarm.
(8)Â
Communicate type of alarm activation (fire or security, silent or
audible, interior or perimeter).
(9)Â
Upon enactment of this chapter, alarm companies that perform monitoring
services must maintain records relating to each alarm dispatch request
for a rolling twelve-month period as long as the license remains in
effect. Records must include the name, address and phone number of
the alarm user, the alarm system zone(s) activated, the time of alarm
dispatch request and evidence of verifying. The Borough may request
copies of such records for individually named alarm users.
[Added 9-17-2001 by Ord.
No. 620]
No person shall either: 1) create an intentional false alarm;
or 2) create or cause to be created a false alarm through reckless
indifference. For purposes hereof, "reckless indifference" shall mean
action or inaction evidencing disregard or indifference to the possibility
that a false alarm will occur and will include, but not be limited
to, the following: failure to cover or otherwise disarm a detector
during a period when work activities (such as painting, sanding, sawing,
etc.) will likely cause activation of the alarm.
A.Â
An alarm user who violates or permits a violation of the requirements of § 125-3 shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Allegheny County correctional facility for a period not exceeding 30 days. After official notification by the Borough that the alarm system does not comply with § 125-3 of this chapter, each subsequent day that the system fails to meet the requirements of § 125-3 of this chapter shall be considered a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.[1]
B.Â
An alarm user commits a summary offense and shall be subject to a
fine of up to $300 for each false alarm in excess of three during
any twelve-month period. The Borough may waive or reduce the fine
if the alarm user can demonstrate to the satisfaction of the Borough
that he/she is attempting to eliminate/correct the cause of the false
alarms.[2]
C.Â
If cancellation occurs prior to law enforcement personnel arriving
at the scene or prior to fire department personnel being dispatched,
this shall not be counted as a false alarm for the purpose of fines,
and no fines will be assessed.
D.Â
An alarm company may be found guilty of a summary offense punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings,
if the personnel responding to the false alarm determine that an employee
of the alarm company caused the false alarm. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Allegheny County
correctional facility for a period not exceeding 30 days. In this
situation, the false alarm will not be counted against the alarm user.[3]
E.Â
An alarm company may be found guilty of a summary offense punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings,
and have its license revoked for failure to verify prior to dispatching,
if the Borough determines the existence of a consistent pattern or
policy against verification. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Allegheny County correctional facility
for a period not exceeding 30 days. [4]
F.Â
An alarm company may be found guilty of a summary offense punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings,
and have its license to operate in the Borough revoked, if the Borough
determines the existence of a consistent pattern of the alarm company
notifying the dispatching agency of an alarm at an alarm site reported
to be in the Borough that is actually located in another municipality. Upon
judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Allegheny County correctional facility for a period not exceeding
30 days. [5]
G.Â
An alarm company may be found guilty of a summary offense punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings,
and have its license revoked, if the Borough determines that an alarm
company employee made a false statement concerning the inspection
of an alarm site or the performance of an alarm system. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Allegheny County
correctional facility for a period not exceeding 30 days. [6]
H.Â
An alarm company may be found guilty of a summary offense punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings,
if it installs an alarm system without a valid license. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Allegheny County
correctional facility for a period not exceeding 30 days. [7]
I.Â
Any person may be found guilty of a summary offense punishable by
a fine of not more than $1,000, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings, for any
other violation of this chapter. Upon judgment against any person
by summary conviction, or by proceedings by summons on default of
the payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Allegheny County correctional
facility for a period not exceeding 30 days. [8]
[Added 5-21-2001 by Ord.
No. 619]
It shall not be a false alarm, nor shall it be a violation of
this chapter or any other ordinance of the Borough of Fox Chapel to
activate an alarm system as part of an authorized test of the alarm
system or alarm company. An "authorized test" shall mean a test where
the Borough, the dispatching agency and the relevant law enforcement
agency or fire department all receive advance notice of the date,
time, location and duration of the test and do not object to the conduct
of such test.