[HISTORY: Adopted by the Borough Council of the Borough of Schuylkill Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2005 by Ord. No. 1025]
A. 
As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
ACCIDENTAL FALSE ALARM
Any false alarm which is not an intentional false alarm as defined herein or not when an intrusion, crime, fire, or other emergency has actually occurred.
ALARM
A communication to the Police Department and/or Fire Department or other emergency services, indicating that a crime, fire, or other emergency situation warranting immediate action by the Police Department and/or Fire Department has occurred or is occurring.
ALARM DEVICE
A mechanical and/or electronic device designed to automatically transmit an alarm by wire, telephone, radio, or other means directly to the Police Department, to a person who is instructed to notify the Police Department and/or Fire Department of the alarm, or to activate a bell or sounding device to be heard outside a building which is intended to alert the Police and/or Fire Department or others to the existence of a crime, fire, water flow, or other emergency situation warranting Police and/or Fire Department action.
DIRECT ALARM DEVICE
An alarm device, other than a telephone dialer alarm device, designed to transmit an alarm directly to the Schuylkill County Communications Center (the "911 Center") or other alarm-type service provider.
FALSE ALARM
An alarm to which the Police Department and/or Fire Department responds resulting from the activation of an alarm device, direct alarm device, and/or indirect alarm device when a crime, fire, or other emergency warranting immediate action by the Police Department and/or Fire Department has not in fact occurred.
INDIRECT ALARM DEVICE
An alarm device designed to transmit an alarm to a person who is instructed to notify the Police Department and/or Fire Department of the alarm.
INTENTIONAL FALSE ALARM
A false alarm resulting from the intentional activation of any type alarm device by an individual under circumstances where that individual has no reasonable basis to believe that a crime, fire, or other emergency warranting immediate action by the Police Department has occurred or is occurring.
PERMIT HOLDER
A person to whom the Borough of Schuylkill Haven has issued an alarm device permit.
PERSON
An individual, corporation, partnership, incorporated association, or other similar entity.
TELEPHONE DIALER ALARM DEVICE
An alarm device designed to automatically transmit a recorded message over regular telephone communications directly to the Police Department and/or Fire Department and/or any other emergency service provider or dispatch center or to a person who is instructed to notify the Police Department and/or Fire Department of the alarm.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for a property owner, lessee of property, or a person otherwise occupying a premises within the Borough of Schuylkill Haven and/or receiving services from the Schuylkill Haven Fire Department to put an alarm device into operation on his premises or to allow an alarm device to be put into operation on his premises without first obtaining an alarm device permit from the Borough of Schuylkill Haven.
B. 
Permit application.
(1) 
In order to apply for an alarm device permit, a property owner, lessee of property, or a person otherwise occupying a premises within the Borough or receiving services from the Schuylkill Haven Fire Department must submit an application to Schuylkill Haven Borough stating:
(a) 
His and/or organization's name;
(b) 
His and/or his organization's home and business addresses and the telephone number of each;
(c) 
The location at which the alarm device will be installed and operated;
(d) 
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 but who do not reside at the premises and/or property at which the alarm device is located; and
(e) 
A general written description of the device other than schematics.
(2) 
If the device is to be leased or rented from or is to be serviced pursuant to a service agreement by a person or other entity other than the person making application for an alarm device permit, the name, address, and telephone number of that person must be stated in the application. In addition, each person submitting an application for an alarm device permit shall submit a signed statement in the following form:
"I (We), the undersigned applicant(s) for an alarm device permit, intending to be legally bound, hereby agree with the Borough of Schuylkill Haven that neither I (we) nor anyone claiming by, through, or under me (us) shall make any claim against the Borough of Schuylkill Haven, its officials, or agents for any damages caused to the premises and/or property at which the alarm device, which is the subject of this application, is or will be located, if such damage is caused by a forced entry to said premises and/or property by employees of the Borough of Schuylkill Haven and/or Schuylkill Haven Fire Department in order to answer an alarm from said alarm device at a time when said premises and/or property are or appear to be unattended or when, in the discretion of said employees, the circumstances appear to warrant a forced entry."
(3) 
The Borough of Schuylkill Haven shall furnish forms which any person wishing to apply for an alarm device permit shall submit with his application.
C. 
A person applying for an alarm device permit for a telephone dialer alarm device, local sounding device, an indirect alarm device, or other alarm device shall submit the required fee along with his application. The fee shall be fixed from time to time by resolution of the Borough of Schuylkill Haven.
D. 
The Borough of Schuylkill Haven shall, within seven weekdays from receipt of an application for an alarm device permit, either grant an alarm device permit to the applicant or notify the applicant, in writing, that his application has been denied and the reason or reasons why it has been denied.
E. 
An application for an alarm device permit may only be denied for the following reasons:
(1) 
The application submitted by the applicant does not comply with Subsection B or C of this section.
(2) 
The applicant's alarm device does not conform to the operational standards set forth in § 77-3 of this article.
F. 
Notwithstanding the language contained in Subsection A of this section, it shall be lawful for a person to continue to operate an alarm device on his premises without an alarm device permit for a period of 90 days after the effective date of this article, provided said alarm device was in operation on the effective date of this article.
G. 
The Borough of Schuylkill Haven shall have the power to revoke an alarm device permit. An alarm device permit shall be revoked by notifying the permit holder, in writing, that his alarm device permit has been revoked and the reason or reasons why it has been revoked. Said written notice shall be:
(1) 
Delivered personally to the permit holder, in which case the revocation shall be effective immediately upon delivery; or
(2) 
Mailed to the permit holder at the last known address of the permit holder by certified mail, postage prepaid, in which case the revocation shall be effective three days after signing for the mailing, excluding Saturdays and Sundays.
H. 
An alarm device permit may only be revoked for the following reasons:
(1) 
Failure of an alarm device to conform to the operational standards set forth in § 77-3 of this article.
(2) 
Failure of a permit holder to pay a false alarm charge assessed to him by the Borough of Schuylkill Haven under the provisions of § 77-4 of this article within 30 days of the mailing to him of a notice of the assessment of a false alarm charge.
(3) 
The occurrence of more than three false alarms from an alarm device during any calendar year.
(4) 
The occurrence of an intentional false alarm caused by the permit holder or by an individual over the age of 15 who resides on the premises and/or property where the alarm device is located.
I. 
A person who has had his alarm device permit revoked under Subsections G and H of this section may reapply for an alarm device permit 45 days after the effective date of such revocation, provided that if a person's alarm device permit was revoked for nonpayment of a false alarm charge or for nonpayment of installation or maintenance fees or both, the Borough of Schuylkill Haven shall deny said application unless such charge or fee or both have been paid. Notwithstanding the foregoing, a person or other entity who has had his alarm device permit twice revoked on the basis of an occurrence of an intentional false alarm may not reapply for an alarm device permit for one year from the effective date of the second revocation.
A. 
If an alarm device is designed to transmit a recorded message directly to the Police Department, Fire Department, or other emergency service provider(s), the duration of such recorded message shall not exceed 60 seconds. The contents of the recorded message shall be intelligible and in an acceptable format designed by the Police Department and/or Fire Department.
B. 
An alarm device need not contain a delay service which causes a delay to occur between the time the alarm device receives a triggering stimulus and the time the alarm device transmits an alarm.
C. 
A direct alarm device shall be designed so that it interfaces with the 911 Center or other emergency service provider.
D. 
If an alarm device is designed to cause a bell, siren, or sound-making device to be activated on or near the premises on which the alarm device is installed at the time it gives an alarm, said alarm device shall be designed to deactivate the bell, siren, or other sound-making device after 30 minutes of operation. Preexisting units must be modified for a thirty-minute device unless said unit cannot be modified without replacement.
E. 
All alarm devices shall meet the applicable standards of the Underwriters Laboratories and/or the National Fire Protection Association and/or other recognized industry standards and shall be permitted under this article if in conformity thereto. An alarm device which does not meet any of the above standards or for which there is no recognized industry standard shall require the applicant for a permit to submit evidence of the reliability or suitability of the alarm device. Any permit issued for such an alarm device which does not conform to the recognized standard shall be conditionally subject to satisfactory performance of said alarm device after installation. The applicant for a permit may be required to submit subsequent evidence and/or manufacturer's statement of the reliability and suitability of the alarm device.
F. 
The sensory mechanism 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.
G. 
The alarm device must be maintained by the permit holder in good repair to assure reliability of operation.
A. 
Any person or permit holder reporting, activating, or failing to correct a malfunctioning device resulting in false alarms for any reason shall pay to the Borough of Schuylkill Haven a charge for each and every false alarm to which the Police and/or Fire Departments respond in the minimum amount of $50; the actual cost of which to be determined per Subsection B hereinbelow stated and pay to the Schuylkill Haven Fire Department all costs under Chapter 109, Article I, § 109-2.
B. 
When a false alarm occurs, the Police Department and/or Fire Department, within 30 days of the date of the false alarm, shall notify the permit holder of the alarm device from which the false alarm emanated or other person causing said false alarm that a false alarm charge and charges under Chapter 109, Article I, § 109-2, are due and the amounts thereof. Such notice shall be in writing and mailed to the permit holder or person causing said false alarm at his last known address by regular mail, postage prepaid.
C. 
A false alarm charge shall be due and payable at Schuylkill Haven Borough Hall 30 days from the date of the mailing of the notice of assessment of the charge.
D. 
Failure of a permit holder to pay a false alarm charge on or before the date due shall subject such permit holder to revocation of his alarm device permit under § 77-2H of this article.
E. 
Failure of a person causing a false alarm, other than a permit holder, to pay a false alarm charge on or before the date due shall constitute a violation of this article and shall subject said person to the penalties set forth in § 77-9 hereof.
No person shall conduct or test any alarm device without first obtaining permission from the Police Department and/or Fire Department.
The issuance of any permit shall not constitute acceptance by the Borough of Schuylkill Haven of any liability to maintain any equipment, to answer alarms, nor otherwise render the Borough of Schuylkill Haven liable to any person for any loss or damage relating to the alarm system or procedure.
Administration and enforcement of this article shall be functions of the Borough of Schuylkill Haven 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 after receipt of due notice from the Borough, or not meeting other conditions and specifications of this article.
B. 
Authority to order the disconnection of an alarm device until such device is made to comply with operational standards set forth herein but only when evidence of failure to comply with said standards may impose a burden upon the Borough of Schuylkill Haven and/or Police Department and/or Fire Department as a result of false alarms.
C. 
Authority, at reasonable times and upon written notice, to enter upon any premises within the Borough of Schuylkill Haven and/or serviced by the Schuylkill Haven Fire Department to inspect the installation and operation of an alarm device.
Whenever, under the provisions of this article, the Police Department and/or Fire Department is empowered to make a decision with respect to the installation, operation, or maintenance of any alarm device or with respect to the denial or revocation of any permit relating thereto, any applicant for a permit or permit holder aggrieved by such decision may, within 10 days following the decision, file a written appeal therefrom with the Borough Council, whereupon the Borough Council shall conduct a hearing within 30 days and affirm, modify, or reverse the decision appealed from. The decision of the Borough Council shall be final.
Any person, firm, or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $300 and/or to imprisonment for a term not to exceed 90 days.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared as the intent of the Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
[Adopted 11-19-2008 by Ord. No. 1048]
As used in this section, the following terms shall have the meanings indicated:
CARBON MONOXIDE DETECTOR AND ALARM
An assembly comprised of a carbon monoxide detector and an audible alarm in one unit which, upon detection of carbon monoxide, activates the alarm. Detectors shall be of types approved by Underwriters Laboratories, Inc. Detectors directly connected to the electrical system of the dwelling shall contain an independent battery backup system.
FOSSIL FUEL
Whenever used in this article, the term "fossil fuel" shall include coal, natural gas, kerosene, oil, propane, and wood.
ONE-FAMILY DWELLING, TWO-FAMILY DWELLING, AND MULTIPLE DWELLINGS
Shall be as defined in the International Fire and Building Codes. "Multiple dwellings" includes but is not limited to hotels, motels, apartment houses, lodging houses, community residences, old age homes, dormitories, fraternity houses, and sorority houses.
One-family or two-family dwelling units shall have one carbon monoxide detector and alarm installed per unit. Carbon monoxide detectors and alarms shall be installed on every floor or level of a multiple dwelling in the Borough of Schuylkill Haven within 40 feet of all doors to dwelling units or sleeping areas in a corridor which serves dwelling units. All carbon monoxide detectors and alarms shall either be directly connected to the electrical system of the dwelling with no intervening wall switch or shall be battery-powered. Plug-in-type carbon monoxide detectors and alarms with no intervening wall switch shall be permitted. Each carbon monoxide detector and alarm shall be mounted in accordance with the manufacturer's instructions or as required by regulations adopted pursuant to this section. Carbon monoxide detectors and alarms shall not be mounted in areas of low air movement (dead air spaces).
Every owner of a one-family dwelling, two-family dwelling, or multiple dwellings in the Borough of Schuylkill Haven, whether for temporary or permanent occupancy, that relies on combustion of fossil fuel or heat, hot water, or ventilation shall be required to install and maintain within the building operable carbon monoxide detectors and alarms in accordance with this article as follows:
A. 
For all new multiple dwellings in the Borough of Schuylkill Haven built or occupied for the first time after final enactment of this amendment, the owner shall install in accordance with this section and shall maintain within the building carbon monoxide detectors and alarms prior to occupancy or transfer of ownership. All subsequent owners shall be responsible for maintenance after occupancy.
B. 
For all multiple dwellings in the Borough of Schuylkill Haven built and occupied prior to date, whether for temporary occupancy or for permanent occupancy, the owner shall install in accordance with this section and maintain within the building carbon monoxide detectors and alarms by January 1, 2009.
C. 
For all one-family dwellings and two-family dwellings, the owner shall install in accordance with this section within the building carbon monoxide detectors and alarms prior to the closing of title and the transfer of said property to a subsequent owner for such transfer occurring after January 1, 2009. All subsequent owners shall be responsible for maintenance after occupancy.
The Schuylkill Haven Health/Code Enforcement Department may adopt, subject to the approval of the Borough Council, such regulations as it deems necessary for the implementation of this article.
The following residential units shall not require carbon monoxide detectors:
A. 
A residential unit in a building that does not rely on combustion of fossil fuel for heat, ventilation, or hot water and is not close to any ventilated source of carbon monoxide.
B. 
A residential unit that:
(1) 
Is heated by steam, hot water, or electric heat; and
(2) 
Is not connected by ductwork or ventilation shafts to any room containing a fossil-fuel-burning boiler or heater; and
(3) 
Is not sufficiently close to any ventilated source of carbon monoxide.
A. 
Except as hereinafter provided, it shall be unlawful for owner, manager, or agent to not comply with this article; it shall be unlawful for any person to remove batteries from a carbon monoxide detector required under this article or in any way to make inoperable a carbon monoxide detector required under this article. This provision shall not apply to any building owner or manager or his agent in the normal procedure of replacing batteries.
B. 
Penalties for violation of this article shall be a fine of $25 for each violation, in addition to costs.
The owner of a structure shall supply and install required carbon monoxide detectors. The owner shall test and maintain carbon monoxide detectors located other than in a dwelling unit. The owner shall provide written information regarding carbon monoxide testing and maintenance to at least one adult tenant in each dwelling unit. The tenant shall test, provide general maintenance, and replace required batteries for carbon monoxide detectors located in the tenant's dwelling unit.