ORDINANCE 20-96

AN ORDINANCE TO AMEND SECTION 7.4, PRIVATE ALARM SYSTEMS, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM, AS AMENDED AND SUPPLEMENTED

BE IT ORDAINED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

1. Section 7-4, Private Alarm Systems, of the Revised General Ordinances of the Township of Mendham, 1970, as amended and supplemented, is hereby amended to read in its entirety as follows:

7-4 Private Alarm Systems

7-4.1 Definitions. As used in this Section 7-4 the following terms shall have the meanings set forth:

Appropriate Authority means the Fire Protection Subcode Official/Fire Official, The Chief of Police and/or their duly authorized designees.

Private Alarm System means any system installed to serve an improved property, dwelling, building or other facility and designed or used for detection of fire, smoke or similar hazards, the detection of unauthorized entry, the commission of an unlawful act, or the detection of any one or more of the foregoing, or for reporting any emergency, by audible alarm and/or by electronic systems that communicate or cause the communication of information, either directly or indirectly, to a dispatch center authorized by the Township. A private alarm system may be any one of the following types:

1. Lease Line System which provides direct connection by a telephone lease line from a specific location to a dispatch center authorized by the Township with a visual or audio signal.

2. Digital System which through telephone lines activates an audible alarm at a dispatch center authorized by the Township and provides both an information readout and a printout.

3. Tape Dialer System which automatically selects a telephone trunk line of a dispatch center authorized by the Township and then reproduces a prerecorded message.

4. Telephone Call System which automatically alerts a person, beyond the limits of the property served, who is engaged in the business or relaying information by telephone to a dispatch center authorized by the Township.

e. External Warning Device which means any bell, buzzer, horn, light or any other means of alerting the general public

A device used by a Township resident for the sole purpose of giving notification of a medical emergency and summoning medical assistance shall not be considered to be a private alarm system as defined herein and shall not be subject to any of the provisions of this section 7-4.

Fire Detection Alarm System means a private alarm system which has the sole purpose of detecting fire, smoke or similar hazards.

Dispatch Center Authorized by the Township means the Township Police Department, the Township Fire Department or any communications center operated by the County of Morris or other entity which may be authorized by the Township Committee to receive communications from private alarm systems.

False Alarm means any signal or message by a private alarm system to a dispatch center authorized by the Township to which a response is initiated, which signal or message was directly or indirectly caused or produced by a private alarm system in the absence of any smoke, fire, similar hazard, unauthorized entry, commission of an authorized act, or existence of any other emergency and whether caused by intentional act, negligence, mechanical failure, malfunction or improper installation or maintenance of the system. Activations caused by power or phone line interruptions shall not be considered false alarms, provided, however, that an activation resulting from a failure to install an antipower surge device or any other equipment or device required by an applicable State regulation shall constitute a false alarm. Activation of a system by products like those the system is designed to detect shall not be considered a false alarm unless carelessness, improper installation or incorrect care or maintenance is determined to be the cause of the activation.

7-4.2 Permit Required for Private Alarm System. No person shall install, maintain, use or cause or permit to be used any private alarm system within the Township unless a permit therefor has been issued in accordance with the provisions of this Section 7-4.

Permits shall be renewed annually as provided in subsection 7-4.7

No person shall use a private alarm system during any period when the permit therefor has expired.

The issuance of a permit pursuant to this Section 7-4 shall not relieve any person from the requirements of the State Uniform Construction Code Act and regulations promulgated thereunder for a permit under the electrical Subcode and/or Fire Protection Subcode to install, alter or repair a private alarm system.

7-4.3 Application for Permit. Any person desiring to use a private alarm system upon improved property owned or occupied by such person shall submit a written application to the Township Administrator for a permit for the system. An application form shall be available at Township Hall and shall require the following information over the signatures of the applicant:

1. The name, address and telephone number of the applicant.
2. The location of the property to be served.
3. The name, address and telephone number of the company which will furnish and maintain the private alarm system

d. The name, address and telephone number of the company providing

monitoring service to the private alarm system.

1. The particular type of private alarm system as defined in subsection 7-
   4.1 for which the permit is sought.
6. The name and telephone number of a person or persons to be notified of a faulty private alarm system at any time when no one is present on the property served by the system.

7-4.4 Permit Fee. At the time an application is submitted for a permit for a private alarm system, an initial fee of $25.00 shall be paid to the Township for the current year. The fee for every subsequent year shall be $35.00. The aforesaid fee shall not be prorated by reason of the date upon which an application is filed, but the fee shall be refunded to the applicant in the event that a permit is not issued.

Any initial permit issued between October 15 and December 31 in any year shall be valid until December 31 of the following year without any additional fee.

If the private alarm system is solely a fire detection alarm system, the initial permit fee shall be deposited in the Bureau of Fire Protection account. If the private alarm system includes a fire detection alarm system, one-half of the initial permit fee shall be deposited in the bureau of fire Prevention account.

7-4.5 Review of Application and Issuance of Initial Permit. The Township Administrator shall cause each initial application for a permit to be reviewed by the Chief of Police and/or the Township Fire Official for purposes of determining whether the system proposed by the application meets applicable standards for the private alarm system as set forth in subsection 7-4.9b. The Township Administrator shall issue an initial permit for the proposed private alarm system within five (5) calendar days after the receipt of such report or reports unless any report indicates that the proposed system will not meet applicable standards, in which case the Township Administrator shall advise the applicant in writing of the reason or reasons for refusing to issue the permit.

7-4.6 Inspection of Installation, Alteration or Repair of Private Alarm System. Installation, alternation or repair of a private alarm system shall be inspected by the electrical subcode official or fire protection subcode official in accordance with the regulations promulgated under the State Uniform Construction code Act. Copies of reports of inspections shall be filed with the Township Administrator.

7-4.7 Expiration and Renewal of Permit. Every permit issued for a private alarm system shall expire on December 31 of the year in which it is issued except a provided in subsection 7-4.4. Renewal application forms shall be provided by the Township Administrator

Every application for renewal of a permit shall be accompanied by an annual fee of $25.00 ($35.00 starting in 1998). An additional late charge of $10.00 shall be paid to the Township in the event that an application to renew a permit is submitted after January 1 in any year.

In the event that any summons has been imposed for false alarms pursuant tot subsection 7-4.10 with respect to a particular private alarm system, the Township Administrator may consult with the Chief of Police and/or Township Fire Official to assure that such system is in compliance with all applicable requirements prior to the renewal of the permit for the system.

If the private alarm system is solely a fire detection alarm system, the renewal fee shall be deposited in the Bureau of Fire Protection account. If the private alarm system includes a fire detection alarm system, one-half of the renewal fee shall be deposited in the Bureau of Fire Prevention account.

7-4.8 Prohibition against New Tape Dialer Systems. No application for an initial permit shall be filed or accepted for any tape dialer system. This prohibition against new tape dialer systems shall have no effect upon the renewal of a permit for any such system provided that an initial permit for the system was issued prior to August 31, 1984.

7-4.9 Terms and Conditions of Permits. All permits for private alarm systems shall be issued upon the following terms and conditions:

1. A permit shall be issued for each separate improved property and no permit shall be transferred or assigned in any manner.

1. All private alarm systems installed in the Township shall utilize equipment and methods of installation substantially equivalent to or exceeding the minimum applicable current American National Standards Institute (ANSI), Underwriters Laboratories (UL) or National Fire Protection Association (NFPA) Standards and/or standards of the State Uniform Construction code and regulations promulgated thereunder.

1. Every permit shall be subject to rules and standards which may be promulgated by the Township Administrator with respect to private alarm systems. These rules shall be in writing and shall be given to each person who may apply for an initial or renewal permit or to each permittee at the time of promulgation or amendment.

1. Every private alarm system shall be maintained in proper working condition. All private alarm systems shall be inspected, tested and maintained in strict compliance with the manufacturer’s instructions, approvals and minimum standards referred to in subsection 7-4.9b.

1. Whenever, by reason of a false alarm or alarms, the Fire Official/Chief of Police may determine that a private alarm is not in proper operating condition, the permittee shall, upon receiving written notice from the Appropriate Authority, have the system inspected and serviced by an authorized servicing agent within 40 hours after receiving such notification. A copy of the agent’s report shall be filed with the Appropriate Authority.

1. No prerecorded telephone message shall repeat for a continuous period of more than three (3) minutes

1. Whenever following the issuance of an initial permit or renewal permit there is a change in the information previously furnished by the applicant, the permittee shall promptly notify the Appropriate Authority.

1. Every permittee shall accept the provisions of subsection 7-4.12, which shall appear on the permit.

7-4.10 False Alarms

1. Reports of False Alarms. The Chief of Police shall cause a report of each false alarm by a private alarm system in the Township, other than a false alarm from a fire detection alarm system, to be prepared.

The Township Fire Official shall cause a report of each false alarm relating to fire detection to be prepared and submitted to the Township Administrator within 7 calendar days of the occurrence of the false alarm. The appropriate fire officer in charge of an incident shall gather all information required to report a false alarm as prescribed by the Township Fire Official. The Fire Officer shall notify the Township Fire Official by telephone within 24 hours of the false alarm and shall provide a written copy of his report to the Township Fire Official within 36 hours of the alarm. The Township Fire Official shall, immediately upon receipt of the required information, determine the cause of the alarm activation and provide written notice to the permittee of the private alarm system. The Township Fire Official, based upon his review, and at his discretion, may also require that inspection and servicing of any malfunctioning private alarm system be accomplished by an authorized servicing agent, which inspection and servicing shall be completed within 48 hours of the notification to the permittee of the system. A copy of the agent’s report shall be filed with the Township Fire Official.

1. Warnings and Summonses for False Alarms. The Appropriate Authority shall be responsible for maintaining records with respect to every private alarm system, including each false alarm caused by the system and reported to him pursuant to the provisions of subsection 7-4.10a.

In the event that more than one (1) false alarm shall be caused by a given private alarm system, in any given calendar year, the permittee for the system shall, be issued a summons by the appropriate authority in accordance with the following schedule:

If No Current Permit

For the second false alarm $ 50.00 $150.00

For the third false alarm 100.00 200.00

For the fourth false alarm 200.00 300.00

For the fifth and each

subsequent false alarm 300.00 400.00

7-4.11 Disclaimer of Responsibility. The Township shall not assume any responsibility whatsoever with respect to the adequacy, operation or maintenance of any private alarm system. No action taken by the Township or any of its officials or employees pursuant to the provisions of Section 7-4 shall create any liability upon the township by reason of any failure of any private alarm system, any failure to respond to any emergency or any act of omission or commission relating to any private alarm system. Every permittee who accepts a permit for a private alarm system agrees to hold and save harmless the Township, its officials and employees from any liability whatsoever in connection with the system covered by the permit or its operation.

7-4.12 Monthly Reports by the Township Administrator The Township Administrator shall furnish monthly reports to the Township Committee regarding the number of false alarms reported subsequent to the previous monthly report, as well as such details respecting false alarms as the Township Committee may from time to time request.