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:
ALARM SYSTEMS
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.
CITY
The City of Monessen.
ENFORCEMENT OFFICIAL
The Municipal Fire Chief, his designee, and/or the Monessen
Code Enforcement Officer.
FALSE ALARM
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.
FEE
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.
FIRE 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.
FIRE ALARM SYSTEM
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.
FIRE ALARM TECHNICIAN
Any person who inspects, installs, repairs or performs maintenance
on fire alarm systems.
FIRE DEPARTMENT
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.
LOCAL ALARM
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.
MULTIPURPOSE ALARM
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.
OPERATIVE ALARM SYSTEMS
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.
OWNER
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.
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.
REQUIRED OPERATIVE ALARM SYSTEM
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.
SERVE
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.
SINGLE-STATION (RESIDENTIAL) SMOKE DETECTOR
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.
SMOKE DETECTOR
A device which detects the visible or invisible particles
of combustion.
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.
No person owning, using or possessing an alarm system shall
cause or permit the giving of repeated false alarms, whether intentional,
accidental or otherwise.
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.
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.