[HISTORY: Adopted by the Township Council
of the Township of Middletown 11-26-1984 by Ord. No. 358 (Ch. VII, Art. 7, of the
1976 Ordinance Book). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An electronically powered or battery-powered instrument(s),
device(s) or system(s), composed of sensory apparatus, related hardware
and circuitry designed or used for detection of fire, heat or smoke,
or other emergency service incident, which automatically transmits
an alarm, signal or message which is used or intended to result in
an emergency response by the Fire Department.
[Amended 12-11-2023 by Ord. No. 857]
Any alarm, signal or message activated by an automatic protection
device which causes the Fire Department to respond, but which is not
the result of a fire emergency or other incident triggering an emergency
response by the Fire Department, and which is caused by a condition
within the control of the person(s) in possession of the premises
where the automatic protection device is located. Any alarm, signal
or message received during the first two weeks after the installation
of a new automatic protection device system, or during a period of
repair, shall not constitute a false alarm hereunder so long as prior
written notice of such circumstance has been provided to the Township
prior to such false alarm.
[Amended 12-11-2023 by Ord. No. 857]
The Rocky Run Fire Company, Middletown Fire Company No. 1,
and the Township Fire Chief, or his or her designee, individually
and collectively.
[Amended 12-11-2023 by Ord. No. 857]
The annual permit, required by this chapter, for automatic
protection devices.
A natural person, corporation, firm, partnership, association,
organization, any other group acting as a unit, or an executor, administrator,
trustee, receiver or other representative appointed according to law.
In any section of this chapter which prescribes a penalty, fine or
service charge, whenever the word "person" is used, as to partnerships
or associations, the word shall mean the partners or members thereof,
and as to corporations, shall mean the officer, agents or members
thereof who are responsible for any violation of such section.
Middletown Township, Delaware County, Pennsylvania.
A.
The person in possession of the premises where an
automatic protection device is in use must, each year, apply for and
receive a permit to operate the device.
B.
The person in possession of the premises where an
automatic protection device is operated must apply for the annual
permit no later than January 30 of the year during which the device
is to be operated.
C.
Township Council shall, from time to time, set the
permit and/or application fee by resolution.
[Amended 12-11-2023 by Ord. No. 857]
Any person(s) in possession of a premises where any automatic protection device is operated who intentionally does not apply for the annual permit required by § 60-2 hereof and in violation of this section commits a summary offense and, upon conviction thereof, shall be subject to a maximum fine of $500, payable to the Township, for each such violation thereof, plus costs of enforcement thereof, including reasonable attorney's fees.
[Amended 8-28-2000 by Ord. No. 606; 12-11-2023 by Ord. No.
857]
Any person(s) that owns, uses, or possesses
an automatic protection device shall not, after causing or permitting
three false alarms to occur in a consecutive twelve-month period,
cause or permit a subsequent false alarm to occur within the same
twelve-month period. Any person(s) in violation of the terms of this
section commits a summary offense and, upon conviction thereof, shall
be subject to a maximum fine of $300, payable to the Township, for
each such violation thereof, plus costs of enforcement thereof, including
reasonable attorney's fees.
When the Fire Department responds to an alarm
transmitted by an automatic protection device, which alarm indicates
a fire in a building or premises where no one is available to provide
access, the Fire Department is hereby authorized to enter said building
or premises by any means reasonably necessary to conduct an investigation
as to the cause of the alarm.
A.
The sensory mechanism of an automatic protection device
shall be equipped and adjusted so as to suppress false indications
of fire and so that the device will not be activated by impulses due
to normal pressure changes in water pipes, variations in voltage due
to electrical storms and power failures or any other forces not related
to actual fire conditions.
B.
False alarms transmitted from automatic protection
devices are unlawful.
C.
No person
shall conduct any test or demonstration of an automatic protection
device without first notifying the Township Fire Chief, or his designee,
in writing.
[Added 12-11-2023 by Ord. No. 857]
[Amended 8-28-2000 by Ord. No. 606]
No permit required by § 60-2 hereof will be issued unless the automatic protection device is installed by a licensed electrical contractor who has passed an examination in the National Electrical Code and any further electrical code as may be established by the Township Council. Upon discovery that a permit has been issued to a person whose automatic protection device was not installed by a licensed electrical contractor as herein required, the Township may revoke or suspend the permit by written notice to such person.
