[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-9-2017 by Ord.
No. 742]
[1]
Editor's Note: The title of this article was changed from
"False Automatic Fire Alarms" to "False Automatic Fire, Burglar, and
Panic Alarms" 6-17-2021 by Ord. No. 765.
For the purpose of enforcing the provisions of this article,
unless the context specifically indicates otherwise, the meaning of
terms used in this article shall be as follows:
Any mechanical or electrical-operated device or instrument
composed of sensory apparatus and related hardware which is designed
or used for the detection of fire, flames, heat, smoke or excess carbon
monoxide or dioxide within a building, structure or facility, or any
combination thereof; and which emits a sound or transmits a signal
or message when activated. Automatic fire alarm devices include, but
are not limited to, audible alarms, automatic dialing devices, alarms
connected directly to a communications center, alarms relayed through
any private central station and proprietary alarms.
The services provided by the West Shore Bureau of Fire and/or
any fire agency responding in conjunction or in place of the West
Shore Bureau of Fire.
Any activation of an alarm system by inadvertence, negligence
or intentional or unintentional acts or means, to which emergency
services of the West Shore Fire Bureau or other emergency services
agency as described and where it is determined that the fire alarm
was not the result of a fire, medical or other emergency necessitating
a response by emergency services, excepting those fire alarms which
are caused solely by weather extremes or inadvertent utility interruptions.
A condition whereby an automatic fire alarm device is in
a pre-alarm condition, commonly referred to as a "trouble setting,"
and a communications center receives notification of such a condition.
In the absence of an actual emergency, a trouble alarm shall be considered
a false alarm.
[Amended 7-15-2021 by Ord. No. 766]
All property owners, lessees of property or persons otherwise
occupying a premises within the Borough of Lemoyne which presently
has an automatic alarm in operation on its premises shall, within
48 days of the effective date of this article, register the automatic
alarm by providing the Fire Chief of the West Shore Bureau of Fire
(fire alarms) and the Police Chief of the West Shore Regional Police
Department (burglar and panic alarms) the following information:
A.
Property
address.
B.
Name or
names of property owners.
C.
Home and
business addresses and the telephone number of the property owner
or property owners.
D.
If the
property is not an owner-occupied residential property, the names,
addresses and telephone numbers of at least two individuals who have
keys to the premises at which the alarm device is located and who
are authorized to enter the premises at any time.
E.
The location
of the automatic alarm device on the premises.
F.
A general
written description of the automatic alarm device other than schematics.
False alarms initiated by or through automatic fire alarm devices
are strictly prohibited. The owner, lessee, and occupant of any premises
to which the West Shore Bureau of Fire or other emergency services
agency responds as a result of a false alarm from an automatic fire
alarm device shall be held personally liable for any such false alarm
in accordance with the provisions set forth in this article.
A.
Intentional false alarms.
(1)
No person shall create an intentional false alarm.
(2)
Testing prohibited without permission.
(a)
It shall be prohibited for any person to conduct any test or
demonstration of any automatic fire alarm device designed to make
direct connection to the Cumberland County Emergency Management Center
at any time without first obtaining the express permission of the
Cumberland County Emergency Management Center or the West Shore Bureau
of Fire.
(b)
The permission noted above shall not be required where the device
to be tested or demonstrated is not connected to the Cumberland County
Emergency Management Center and the receipt of the alarm is not relayed
to the West Shore Bureau of Fire any means.
B.
Automatic fire alarm device mechanical failure.
(1)
Where an automatic fire alarm device is directly connected to the
Cumberland County Emergency Management Center or any other monitoring
station and/or facility and sends an alarm activation and continually
transmits a signal, either through malfunction or defect in the system,
the Fire Department officers are authorized to disconnect the automatic
fire alarm device until such a time as repairs are made. Automatic
fire alarm devices that are malfunctioning are prohibited from being
activated.
(2)
Upon successful repair of the automatic fire alarm, the property
owner, lessee, or occupant shall notify the West Shore Bureau of Fire
in writing.
A.
The West Shore Bureau of Fire shall determine whether a fire alarm
event constitutes a false automatic fire alarm, as defined herein.
Determinations by the West Shore Bureau of Fire shall be final.
B.
Upon notification by the Fire Administrator to the Borough Code Enforcement
Officer, of a first false automatic fire alarm within a calendar year
(January 1 to December 31), the Code Enforcement Officer shall send
a written warning to the owner, lessee, and/or occupant of the premises
notifying said person or persons of the false automatic fire alarm
and shall also forward a copy of this article which will serve as
a written warning of pending fines if further false automatic fire
alarms are received.
C.
In the event of a second false automatic fire alarm in any one calendar
year (January 1 to December 31), a service fee of $100 shall be assessed
against the owners of residential properties, and a service fee of
$200 shall be assessed against the owners of commercial or industrial
properties.
D.
In the event of a third false automatic fire alarm in any one calendar
year (January 1 to December 31), a service fee of $200 shall be assessed
against the owners of residential properties, and a service fee of
$400 shall be assessed against the owners of commercial or industrial
properties.
E.
In the event of a fourth false automatic fire alarm in any one calendar
year (January 1 to December 31), a service fee of $500 shall be assessed
against the owners of residential, commercial and industrial properties.
F.
The Borough of Lemoyne shall be responsible for administering the
terms of this article. All fines collected will be remitted to the
West Shore Bureau of Fire, minus a service fee used to cover the Borough's
administrative expenses. The Borough of Lemoyne reserves the right
to file a lien against any property locate in the Borough to secure
payment of the service fee assessed herein.
[Amended 7-15-2021 by Ord. No. 766]
False alarms initiated by or through automatic alarm devices
are strictly prohibited. The owner, lessee, and occupant of any premises
to which the West Shore Regional Police Department or other emergency
services agency responds as a result of a false alarm from an automatic
alarm device shall be held personally liable for any such false alarm
in accordance with the provisions set forth in this article.
A.
Intentional
false alarms.
(1)
No
person shall create an intentional false alarm.
(2)
Testing
prohibited without permission.
(a)
It shall be prohibited for any person to conduct any test or demonstration
of any automatic fire alarm device designed to make direct connection
to the Cumberland County Emergency Management Center at any time without
first obtaining the express permission of the Cumberland County Emergency
Management Center or the West Shore Regional Police Department.
(b)
The permission noted above shall not be required where the device
to be tested or demonstrated is not connected to the Cumberland County
Emergency Management Center and the receipt of the alarm is not relayed
to the West Shore Regional Police Department.
B.
In the
event of a fourth false automatic burglar and/or panic alarm in any
one calendar year (January 1 through December 31), a service fee of
$50 shall be assessed against the owners of residential properties
and a service fee of $100 shall be assessed against the owners of
commercial and industrial properties. This fee will be for all false
alarms after three written warnings have been issued.
C.
The West
Shore Regional Police Department shall be responsible for administering
the terms of this article. All fines collected will be remitted to
the West Shore Regional Police Department. The West Shore Regional
Police Department reserves the right to file a lien against any property
located in the Borough to secure payment of the service fee assessed
herein.
The fines implemented in this article shall not be imposed for
a period of one month following the effective date of this article.
The Borough Manager or designee is hereby authorized and directed
to execute any and all documents necessary to effectuate the purposes
of this article. The Code Enforcement Officer shall have all necessary
power and authority to enforce this article by issuing citations and
taking all necessary actions as directed by the Borough.
