[HISTORY: Adopted by the City Council of the City of Monessen 5-11-2021 by Ord. No. 1235. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the Monessen
"Fire Alarm Regulation Ordinance."
As used in this chapter certain terms are defined as follows:
Any device designed for the detection of an unauthorized
entry on the premises, unlawful act or any emergency, that when activated
transmits a signal, visual, audible or both, or causes to be transmitted
a signal.
The City of Monessen.
The Municipal Fire Chief, his designee, and/or the Monessen
Code Enforcement Officer.
Any alarm signal that alerts a municipal organization, which
is not the result of an actual or threatened emergency requiring their
immediate response. False alarms shall include, but not be limited
to, negligently or accidentally activated signals; signals which are
the result of faulty, malfunctioning or improperly installed or maintained
equipment; signals which are purposely or accidentally activated to
summon police, fire, emergency or EMS services in nonemergency situations
and alarm signals for which the actual cause is not determined.
The assessment of a monetary charge payable to the City,
authorized pursuant to this chapter, to defray the expenses of responding
to a false alarm or alarm malfunction.
The activation of any alarm which results in the response
of the Fire Department caused by mechanical failure, malfunction,
improper installation or lack of proper maintenance, or any other
response for which the Fire Department personnel are unable to gain
access to the premises for any reason or are unable to determine the
apparent cause of the alarm activation. False alarms found to be caused
by electrical storms shall not be considered to be malfunctions.
Any mechanical, electrical or radio-controlled device, which
is designed to emit a sound or transmit a signal or message when activated
because of smoke, heat or fire. Without limiting the generality of
the foregoing, "alarm systems" shall be deemed to include audible
alarms at the site of the installation of the detection device, proprietor
alarms and automatic telephone digital alarm communicator systems.
A single station (residential) smoke detector shall not be deemed
to be an alarm system under this chapter.
Any person who inspects, installs, repairs or performs maintenance
on fire alarm systems.
Either one, all, or any combination of the Monessen Bureau
of Fire, Monessen Downtown Fire Company 81-1, or Monessen Hilltop
Fire Company 81-2.
A system that gives a signal, either visual, audible or both,
on the exterior portion of the property, but such signal does not
leave that structure by wire or radio wave to a control receiving
location.
A system capable of alerting municipal or other organizations
of a variety of emergencies, including but not limited to, unlawful
intrusions, fire hazards, medical emergencies or any other dangerous
condition.
Also called "burglar alarms." Any device designed for the
detection of any unauthorized entry on the premises, unlawful act
or any emergency that alerts a private security or guard organization,
who then alerts the proper municipal authority or which directly alerts
a municipal organization of its commission or occurrence and when
actuated gives a signal, either visual, audible or both, or transmits
or causes to be transmitted a signal.
Any person who owns the premises in which an alarm system
is installed or the person or persons who lease, operate, occupy or
manage the premises.
Any building, structure or combination of building and structures
which serve as dwelling units, single-family or multifamily, or any
other area within a building, structure or combination thereof which
is used for any purpose other than residential, wherein an alarm system
is installed.
An alarm system which the owner of a premises is required
to maintain in an operative condition pursuant to statute, law, ordinance,
rule or regulation of any governmental entity.
Hand delivery by a representative of the Fire Department
to the owner or authorized representative who responded to the premises.
In the event the owner or authorized representative fails to respond
to the premises within 30 minutes, "serve" shall mean placing the
form or other matter in the United States mail, postage prepaid, addressed
to the owner or authorized representative.
An assembly incorporating the detector, control equipment
and alarm-sounding device in one unit operated from a power supply
either in the unit or obtained at the point of installation.
A device which detects the visible or invisible particles
of combustion.
A.
Before any fire alarm system is installed, plans shall be submitted
to the Code Enforcement Office for approval before a fire alarm permit
would be issued. No fire alarm system is to be installed without approval
and the issuance of the fire alarm permit.
B.
Every person who installs, owns, leases, possesses or operates any
fire alarm system within the City shall notify the Municipal Fire
Chief of the existence of said alarm system prior to the system being
activated. It shall be the sole responsibility of the company which
is installing any fire alarm system to provide the system owner with
a copy of the most current City false alarm ordinance, a notice of
existing alarm form and a completed copy of an affidavit of service/repair.
The notice of existing alarm shall be completed by the owner and forwarded
to the Deputy Fire Chief prior to the system being activated. Notice
to the Deputy Fire Chief shall include the following information:
(1)
The name, address, business and home telephone number of the owner,
lessee, operator, manager or person in possession of the premises
wherein the alarm system is installed;
(2)
The name, address and telephone number of a minimum of two persons
who can be notified by the enforcement official in the event of the
activation of the alarm system, who shall be capable of responding
to the premises within 30 minutes and who are authorized to enter
the premises to ascertain the status thereof;
(3)
The date of activation of the alarm system;
(4)
When any of the information required in Subsection B(2) hereof has changed, it shall be reported to the enforcement official by the owner within 15 days of such change;
(5)
The name, address and telephone number of the company contracted
to service the alarm system.
A.
The responsibility for fire alarm activation shall be that of the
owner of the premises in which the fire alarm system is installed.
A response to alarm activation shall result when any officer or member
of the Fire Department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm
system(s) by any means whatsoever and responds thereto by traveling
to that premises. After responding to alarm activation, the enforcement
official shall notify any person identified in the notice required
pursuant to of the activation of the alarm system, and such person
shall thereupon travel to the premises to ascertain the status thereof.
Should the person notified fail to appear at said premises within
30 minutes after being notified to do so, the City may charge the
owner of the premises a fee of $75. The officer or member of the Fire
Department who responded to said premises shall serve the owner or
authorized representative a Fire Alarm Activation Notice. A fire alarm
activation report detailing the incident will be mailed to the owner
or authorized representative.
B.
In the event of a fire alarm activation deemed by the fire official
to be the result of a fire alarm malfunction, the owner will be served
a fire alarm activation report by an officer of the Fire Department,
indicating that the activation was deemed to be the result of a fire
alarm malfunction. This would require the owner to return a completed
affidavit of service/repair within 21 calendar days of said alarm
activation which can verify, to the satisfaction of the enforcement
official, that the fire alarm system in question has actually been
examined by a fire alarm technician and that a bona fide attempt has
been made to identify and correct any defect of design, installation
or operation of the fire alarm system which was identifiable as the
cause of the fire alarm malfunction. Failure to return an affidavit
of service/repair within said twenty-one-day period, which is satisfactory
to the Municipal Fire Chief, will result in assessment against the
owner of a fee of $200 for the fire alarm malfunction.
A.
Except for premises protected by a required operative alarm system,
Fire Department officials are authorized to order the disconnection
or deactivation of any alarm system, by written notice to the owner
of premises wherein an alarm system is installed, for any of the following
reasons:
(1)
Failure to meet all requirements or pay the fees provided for in
this chapter within 15 days of the charging of the fee;
(2)
Failure of the owner to provide a written affidavit of service/repair
required by this chapter;
(3)
A third false alarm or alarm malfunction at a premises for which
a fee is charged pursuant to this chapter as the result of the failure
of the owner to take corrective action to eliminate the cause of the
false alarm; or
(4)
The failure of a person notified pursuant to this chapter to appear
within 30 minutes after being notified to respond, if such failure
to timely appear occurs four or more times within a calendar year.
B.
The written notice to disconnect or deactivate shall be mailed to the owner and shall specify the date on which the owner shall be required to disconnect or deactivate the alarm system. This date shall be at least 15 days following the date of the notice. The owner may appeal the order of the Fire Department official pursuant to § 212-7 of this chapter.
Any order to disconnect or deactivate an alarm system may be
rescinded by the Fire Department enforcement official upon a finding
by said enforcement official that the owner of the premises has taken
corrective action to remedy the cause of the false alarms or alarm
malfunctions at the premises. In making a request for such a rescission,
the owner shall have the burden to show what corrective action has
been taken and that same is sufficient to support a finding that the
cause of the false alarms or alarm malfunctions has been remedied.
The enforcement official shall have the right to inspect the alarm
system and test same prior to rescinding the order to disconnect or
deactivate. Before any reconnection of an alarm system, after the
order to disconnect said system, the permits shall be issued and the
fees paid. The enforcement official shall not rescind an order to
disconnect or deactivate if the owner has failed to pay any fee charged
the owner pursuant to this chapter.
An owner to whom a notice to disconnect or deactivate an alarm system was mailed pursuant to § 212-5 of this chapter shall be entitled to appeal the order of the enforcement official to the Fire Chief or his designee. An appeal shall be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within 15 days of the date of receipt of the notice to disconnect. The Municipal Fire Chief or his designee shall review the facts and circumstances and shall determine whether the owner has shown good cause why the order should be withdrawn. In the event that the Municipal Fire Chief or his designee affirms the order to disconnect or deactivate an alarm system, the owner shall have five days following mailing receipt of the written rescission of the Municipal Fire Chief or his designee within which to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the Municipal Fire Chief or his designee.
It shall be unlawful for any person to fail to disconnect or deactivate an alarm system which has been ordered disconnected or deactivated pursuant to § 212-5 of this chapter, including those situations in which the Municipal Fire Chief or his designee affirmed the order to disconnect or deactivate, and it shall be unlawful for any person to reconnect an alarm system which has been disconnected or deactivated pursuant to the order of the enforcement official, unless reconnection of the alarm system is authorized pursuant herein. Any person violating the provisions of this section shall receive a penalty and other administrative remedies provided for in this chapter.
A.
All operative alarm systems shall be equipped with batteries or some
other alternate power system in case of power failure.
B.
Persons having local alarms shall have some type of device attached
to the alarm that will automatically shut the alarm off after 30 minutes
or have some other sure means of turning the alarm off.
No person owning, using or possessing an alarm system shall
cause or permit the giving of repeated false alarms, whether intentional,
accidental or otherwise.
A.
For the first three false fire alarms or fire alarm malfunctions
at the same premises responded to by the Fire Department during each
calendar year. Thereafter, the following fees shall be paid by the
owner for each false fire alarm responded to by the Fire Department
at the same premises during said calendar year:
B.
As to all fire alarm malfunctions responded to by the Fire Department,
the owner shall be assessed a fee of $200, unless there is returned
to the Fire Department an affidavit of service/repair deemed satisfactory
by the Municipal Fire Chief. In those cases in which the owner provided
the Municipal Fire Chief with a satisfactory affidavit of service/repair,
$200 fee will be waived.
C.
False fire alarms triggered by any components (such as pull stations,
smoke detectors, heat detectors, water-flow alarms, tamper alarms,
etc.) connected to the fire alarm system shall be counted in computing
the total number of false alarms for the purposes of this section.
D.
In the event a violation of this chapter occurs, in addition to such
other remedies as may be available under existing law, the City may
institute an action in equity to prevent, restrain, correct, abate,
or enjoin such violation.
E.
Any person who violates any provision of this chapter, including
failure to pay the required fees, shall be subject to the following
penalties:
(1)
First violation in any calendar year, a fine of $500 or 30 days'
imprisonment, or both; to be assessed along with the appropriate unpaid
fees which are to be paid to the City.
(2)
Second violation in any calendar year for the same type violation,
a fine of $750 or 45 days' imprisonment, or both; to be assessed
along with the appropriate unpaid fees which are to be paid to the
City.
(3)
Third violation in any calendar year for the same type violation,
a fine of $1,000 or 60 days' imprisonment, or both; to be assessed
along with the appropriate unpaid fees which are to be paid to the
City.
The provisions of this chapter shall not apply to any newly
installed alarm system for a period of 60 days from the date of the
installation of that alarm system but shall apply from and after the
expiration of the initial sixty-day period following installation.
The provisions of this chapter shall not apply to any existing
fire alarm system for a period of 60 days from the date of adoption
of this chapter.
The City, its officers, employees and agents shall not assume
any duty or responsibility for the installation, maintenance, operation,
repair or effectiveness of any privately owned alarm system, those
duties or responsibilities being solely those of the owner of the
premises. Additionally, it shall be the responsibility of the owner
of the premises to silence an activated alarm and thereafter reset
same.
Registration of an alarm system is not intended to, nor will
it, create a contract, duty or obligation, either expressed or implied,
of response. Any and all liability and consequential damage resulting
from the failure to respond to a notification is hereby disclaimed
and governmental immunity as provided by law is retained. By registering
an alarm system, the alarm user acknowledges that police response
may be based on factors such as availability of police units, priority
of call, weather conditions, traffic conditions, emergency conditions,
and staffing levels.
A.
False alarms prohibited. Title 18, Pennsylvania Crimes Code, Section
7511(c), establishes precedence for regulation of false alarms and
reads, in part, "A person that owns, uses, or possesses an alarm device
. . . may 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 in the same consecutive twelve-month period.
A person that violates this paragraph commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of not more than
$300." All false alarm violations will be charged under provisions
of 18 Pa.C.S.A. § 7511.
B.
Other violations. All persons who violate any other section of this
chapter not covered above will, upon conviction, be guilty of a summary
offense, and be sentenced to pay a fine of not more than $300. Each
day that a violation continues shall constitute a separate offense.
C.
In the event a violation of this chapter occurs, in addition to such
other remedies as may be available under existing law, the City may
institute an action in equity to prevent, restrain, correct, abate
or enjoin such violation.
D.
This section shall not pertain to audible alarms installed in motor
vehicles.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
This chapter shall come into effect immediately upon enactment,
since it pertains to the health, safety, and common welfare of the
public.
