[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 11-22-1988 by Ord. No. 88-8 (Ch. 7, Part 2, of the
1991 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire protection — See Ch. 145.
As used in this chapter, the following words, terms and phrases
shall have the following meanings, unless it is apparent from the
context that a different meaning is intended:
Any person who is self-employed in or employed by an alarm
business, either directly or indirectly, whose duties include any
of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing on or in any building, structure
or facility, any alarm system.
Exemption: This definition does not include a person who engages
in the manufacture or sale of an alarm system from a fixed location
and who neither visits the location where the alarm system is to be
installed, nor designs the scheme for physical location and installation
of the alarm system in a specific location.
Any business operated by any individual, including a person
self-employed, partnership, corporation or other entity of: selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving
or installing any alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any alarm
system in or on any building, structure of facility, or employing
alarm agent(s).
Exemption: This definition does not include a person who engages
in the manufacture or sale of an alarm system from a fixed location
and who neither visits the location where the alarm system is to be
installed, nor designs the scheme for physical location and installation
of the alarm system in a specific location.
Any person, firm or corporation who or which files an application
for a new or general permit as provided in this chapter.
Any mechanical or electrically operated instrument composed
of sensory apparatus and related hardware which is designed or used
for detection of fire or smoke in a building, structure or facility
or for alerting others of the detection of fire or smoke within a
building, structure or facility or both which emits a sound or transmits
a signal or message when activated, resulting in a communication to
York County Control and the dispatching of a fire company to the source
of the alarm. "Automatic protection devices" include, but are not
limited to, audible alarms, automatic devices, alarms connected directly
or indirectly to communication centers and proprietor alarms. Automatic
protection devices may be identified as APD(s).
Exemption: The following devices shall not be included under
the definition of APD(s):
Devices which are not designed or used to register alarms that
are audible, visible, or perceptible outside of the protected building,
structure or facility, such as those systems designed for the detection
of equipment malfunctions.
Devices which are designed for the notification of a condition
of fire only to occupants of industries, institutions and other similar
premises where the alarm system is installed, to provide for the evacuation
of the occupants of those industries, institutions and other similar
premises; or devices designed to signal the flow of water in an automatic
fire sprinkler system; and when no communication or message is transmitted
to York County Control and no fire company is dispatched to the site.
York County Control or any other public fire control agency
or unit; and the Township of Fairview.
An activation of an automatic protection device (APD) signal,
necessitating response by any fire company or fire department of any
municipality where an emergency condition does not exist.
A written notice, given by a personal service upon the addressee,
or given by the United States mail, postage prepaid, addressed to
the person to be notified at his last known address, return receipt
requested. Service of the notice shall be effective upon the completion
of personal service, or upon delivery by the United States Postal
Service.
Written permission, duly granted to the applicant by the
Fairview Township Fire Alarm Officer, upon the payment of the required
fees. Permits are subclassified as:
Regular. A permit issued for all newly installed and approved
APDs. The permit period shall commence July 1 of the calendar year
in which the permit is issued and shall extend a maximum of three
years thereafter. Upon expiration, a new permit must be obtained.
Interim. A permit issued for not more than six months authorizing
the continued use of an APD following the suspension or revocation
of a regular or previously issued interim permit.
Any person, firm, partnership, association, corporation,
company or organization who or which shall be granted a permit as
provided herein, and his or its agent and representatives.
The person duly appointed by the Board of Supervisors of
Fairview Township, from, time to time, to administer and enforce this
chapter, who shall be designated as the "Fire Alarm Officer."
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any alarm system which sounds within the protected premises
or control center under the supervision of the proprietor of the protected
building, structure or facility. If fire company response is expected
or is a result of that proprietary alarm signal or message, it thereby
becomes an APD as defined by this chapter.
A person who has an APD installed on realty in which the
person has an interest or who is applying for the installation of
an APD.
Fairview Township, York County, Pennsylvania.
A.
Alarm user permit required.
(1)
It is unlawful for the owner of any building, structure or facility,
or other subscriber in said building, structure or facility to use
an automatic protection device (alarm system) at any time within the
limits of the Township of Fairview without first applying for and
receiving an alarm user permit in accordance with the provisions of
this chapter, and to have that permit on the premises where the system
is located, and to produce such permit for any police officer or the
Fire Alarm Officer upon request.
(2)
The owner of a single-family home, used primarily for residential
purposes, shall be exempt from the requirements of this chapter.
B.
Suspension or revocation. It is unlawful for any person to possess
and use an automatic protection device (alarm system) requiring a
permit under this chapter or engage in, conduct or operate in a manner
requiring a permit under this chapter any time within the limits of
the Township of Fairview, when the permit and their privilege to do
so have been suspended or revoked in accordance with the provisions
of this chapter.
C.
Automatic dialing service. It is unlawful for any person to authorize
and/or interconnect an automatic dialing device to a communication
center telephone line without authorization of the owner or lessee
of said telephone line.
D.
Altering permit. It is unlawful for any person to modify, alter or
change a permit or have in their possession a permit which has been
modified, altered or changed, except for personnel of Fairview Township
in implementing or enforcing the provisions of this chapter.
E.
Installation of APD without permit. It is unlawful for a person engaged
in the alarm business to install an APD within the limits of the Township
of Fairview unless and until an alarm user permit for said alarm system
has first been issued to the subscriber (alarm user).
A.
Every individual or person desiring to engage in those acts referred to in § 79-2A above must obtain a permit from the Fire Alarm Officer.
B.
To obtain a permit or renewal thereof, individuals or persons must
complete a written application which shall contain such information
as is reasonably required by the Township.
C.
Applicants shall agree in writing and as a condition for receiving
and keeping permits, to notify the Township in writing within 10 days
of any changes in the application currently on file, i.e. ownership,
management or persons to be notified in the event of an alarm activation.
D.
Following the completion of the application and payment of the appropriate application fee as indicated in § 79-4, the Fire Alarm Officer shall have 15 working days to investigate the applicant, process the application, and to grant or deny a permit.
E.
Permits to any applicant shall be denied if:
(1)
The applicant does not agree to comply or fails to comply with the
requirements of this chapter and rules and regulations adopted pursuant
to this chapter.
(2)
The applicant has knowingly made any false, misleading, or fraudulent
statement of a material fact in the application or in any report or
record required to be filed with the Township.
(3)
The applicant has had a similar type permit previously revoked for
a good cause in the past, unless the applicant can show a material
change in the circumstances since the date of revocation through acceptable
conduct under an interim permit, in that no false alarms were received
during said six-month period.
(4)
The applicant fails to pay all due or past due response assessment
fees, fines, costs or other charges owed, which were related to any
previously issued permit(s).
(5)
The applicant fails to pay the appropriate application fees established.
F.
When an application for a permit is denied, the applicant shall be notified in writing of the denial with the basis thereof. If the reason(s) for denial are correctable, the applicant will be so advised with suggestions on how these corrections can be made and what time limit has been set for making said corrections. The notice of denial shall inform the applicant that appeals may be made in the manner outlined in § 79-7 of this chapter. After expiration of appeals time limit, any portion of permit fee to which a person is entitled will be returned because of a denial.
G.
When an application for any permit is approved, the Fire Alarm Officer
is authorized to sign and issue the appropriate permit.
[Amended 5-14-1991 by Ord. No. 91-2]
A.
Alarm user regular permit. A fee to be established by resolution,
from time to time, by the Board of Supervisors shall expire June 30
of a calendar year and shall not be prorated.
B.
Alarm user interim permit. Issued for a six-month period, the fees
shall be established by resolution, from time to time, by the Board
of Supervisors.
[Amended 5-14-1991 by Ord. No. 91-2]
Where an APD (alarm system) actuates more than three false alarms within a twelve-month period (except within a grace period as defined in § 79-6B(1), the alarm user shall, within 10 days after notification by the Fire Alarm Officer, pay response fees as established by resolution, from time to time, by the Board of Supervisors.
A.
Any permit issued may be suspended or revoked by the Fire Alarm Officer
for any of the reasons below:
(1)
The violation of any of the provisions of this chapter.
(2)
The failure to comply with rules and regulations adopted pursuant
to this chapter.
(3)
An APD (alarm system) actuates nine false alarms within a twelve-month
period while operating under an alarm user permit.
(4)
The failure to pay any other fees, fines, costs or other charges
owed, which are related to any previously issued permits.
(5)
The applicant or permittee has knowingly made any false, misleading
or fraudulent statement of a material fact in the application for
a permit, or in any report or record to be filed with any Township
agency.
B.
Suspension or revocation procedure.
(1)
A written notice for each and every false alarm activation to which
a fire company responds shall be issued in the name of and served
upon the permittee or upon any person connected with said APD (alarm
system). On newly installed or recently modified APDs (alarm systems),
the Fire Alarm Officer may grant up to thirty-day grace period, for
user familiarization and/or adjustment of mechanical malfunctions,
during which time the false alarm activation will not be counted.
Notification to the permittee by the Fire Alarm Officer that the grace
period is over, or the passage of 30 days following installation or
modification of the APD, shall terminate the grace period.
(2)
Upon receipt of the ninth false alarm within a twelve-month period
under an alarm user permit, or for violations of any other provisions
of this chapter, the permittee shall be sent notice of the suspension
of his/her permit by the Fire Alarm Officer. Such notice shall contain
the reason for such suspension.
(4)
Five working days after receipt of an order of suspension, the suspension
automatically becomes a revocation and an individual or person is
prohibited from using an APD requiring a permit and shall cease all
operations conducted under the authority of the revoked permit.
(5)
When an appeal is filed, the order of suspension shall be stayed
pending determination. The suspension becomes a revocation if the
suspension is upheld on appeal.
(6)
Once a permit is revoked, the permittee shall surrender the permit
to the Fire Alarm Officer.
A.
Any person aggrieved by denial of an application for a permit or
renewal of a permit or suspension of a permit shall have the right
of appeal.
B.
An appeal must be filed within five working days after receipt of
a notice of suspension from the Fire Alarm Officer by filing with
the Secretary of the Board of Township Supervisors, a letter of appeal
briefly stating therein the basis of the appeal together with a filing
fee in the amount of $50.
C.
Failure to file a letter of appeal within said five working days
shall constitute a waiver of applicant's right to a hearing;
however, the Supervisors, upon good cause shown in a written request
by the applicant may, nevertheless, grant such a hearing.
D.
A hearing by the Township Supervisors will be set no more than 30
days after receipt of a letter of appeal, with five days' advance
notice of the time and date of the hearing to be sent to the applicant.
E.
At the hearing, the appellant and any other interested party shall
be given reasonable opportunity to be heard in order to show cause
why the determination of the Fire Alarm Officer should not be upheld.
In all cases, the burden of proof shall be upon the appellant to show
that there was no substantial evidence to support the decision of
the Fire Alarm Officer.
F.
The hearing may be recorded by tape or other mechanical means, a
brief summary of the evidence considered, findings of fact and final
decision reached by the Supervisors shall be prepared. The decision
of the Supervisors shall be binding on all parties.
A.
Enforcement and administration of this chapter shall be the responsibility
of the Fire Alarm Officer.
B.
The Fire Alarm Officer may promulgate such rules as are necessary
for administration and enforcement of this chapter. Any such rules
promulgated shall be approved by the Township Supervisors and shall
be available for public inspection.
C.
Where an APD which is directly connected to a communication center
is activated and continues to transmit a signal either through malfunction
or defect in the system, the Fire Alarm Officer or his or her agent
are authorized to disconnect the APD until such time as repairs are
made.
When the Fire Alarm Officer, or his or her agent, disconnects an APD under § 79-8C above, no liability shall incur to the Township or its employees through such action.
The information furnished and secured pursuant to this chapter
shall be confidential in character and shall not be subject to public
inspection and shall be kept so that the contents thereof shall not
be known except to persons charged with the administration of this
chapter.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation
of any provision of this chapter shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment
for a term not to exceed 90 days. Each and every day a violation of
this chapter continues shall constitute a separate offense.
