PRINTER'S NO. 1207
No. 1061 Session of 1999
INTRODUCED BY BARLEY, L. I. COHEN, ZUG, GLADECK, FEESE, KAISER,
PRESTON, FICHTER, COLAFELLA, HARHAI, RUBLEY, E. Z. TAYLOR,
McILHATTAN, FLEAGLE, SEYFERT, GODSHALL, ORIE, TRELLO,
S. MILLER, ROSS, WOJNAROSKI, DeLUCA, VANCE, STEELMAN, THOMAS,
YOUNGBLOOD, MELIO, ARMSTRONG, GEIST, WILT, M. COHEN, MAHER
AND STRITTMATTER, MARCH 24, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for control of alarm
3 devices and automatic tape dialing devices; and making
4 editorial changes.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 7511 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 7511. Control of alarm devices and automatic tape dialing
10 devices.
11 (a) Automatic tape dialing devices.--A person may not attach
12 or use an automatic tape dialing device without doing all of the
13 following:
14 (1) Providing the disclosure under subsection (b).
15 (2) Obtaining prior written approval from a public
16 safety agency to use the automatic tape dialing device to
17 alert the public safety agency of an alarm condition. The
1 public safety agency shall not be responsible for any costs
2 for the installation and maintenance of any new dedicated
3 telephone line or equipment associated with the alarm
4 termination.
5 (b) Disclosure.--A person seeking approval under subsection
6 (a) shall disclose the telephone number of a person to be
7 contacted if the automatic tape dialing device is activated and
8 all relevant facts concerning the design and layout of the
9 premises to be protected by the automatic tape dialing device.
10 The person shall inform the public safety agency of any change
11 in the information required by this subsection as soon as
12 practicable.
13 (c) False alarms prohibited.--
14 [(1)] A person that owns, uses or possesses an alarm
15 device or automatic tape dialing device may not, after
16 causing or permitting three false alarms to occur in a
17 consecutive 12-month period, cause or permit a subsequent
18 false alarm to occur in the same consecutive 12-month period.
19 [A person that violates this paragraph commits a summary
20 offense and shall, upon conviction, be sentenced to pay a
21 fine of not more than $300.
22 (2) Venue for prosecution of an offense under this
23 subsection shall lie at any of the following places:
24 (i) Where the alarm originated.
25 (ii) Where the alarm was received by the:
26 (A) public service agency; or
27 (B) third person designated to notify the public
28 service agency.
29 (3) Notwithstanding 42 Pa.C.S. § 3733 (relating to
30 deposits into account) or any other law, the disposition of
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1 fines shall be as follows:
2 (i) The fine shall be paid to the municipality if
3 all of the following apply:
4 (A) The public safety agency which responded to
5 the false alarm serves the municipality.
6 (B) The prosecution is initiated by the public
7 safety agency under clause (A) or by the
8 municipality.
9 (ii) The full amount of the fine shall be paid to
10 the Commonwealth if all of the following apply:
11 (A) The Pennsylvania State Police is the public
12 safety agency which responded to the false alarm.
13 (B) The prosecution is initiated by the
14 Pennsylvania State Police.
15 (C) There is no prosecution under subparagraph
16 (i).] A fourth false alarm and each subsequent false
17 alarm in any consecutive 12-month period shall
18 constitute a separate violation of this section.
19 (c.1) Corrective action.--A person may take corrective
20 action by certifying that an on-site inspection of the secured
21 premise was conducted by a certified alarm provider and that
22 either the alarm user has been instructed in the alarm systems
23 operation, the faulty equipment has been repaired or the cause
24 of the false alarm has been determined and corrected. The
25 certification must be provided in hard copy form, within five
26 working days of issuance of a citation, to the issuing public
27 safety agency. Upon providing the certification of corrective
28 action, the alarm user shall be regarded as returning to the
29 initial zero false alarm status for that period under subsection
30 (c).
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1 (c.2) Grading.--An alarm user who violates this section
2 shall pay a fine of up to $100 for a first offense, up to $200
3 for a second offense and up to $300 for a third offense.
4 (c.3) Disposition of fines.--
5 (1) The fines imposed and collected under subsection
6 (c.2) shall not be subject to 42 Pa.C.S. § 3733 (relating to
7 deposits into account). The fines imposed and collected under
8 subsection (c.2) shall be distributed as follows:
9 (i) When citation under subsection (a) is the result
10 of Pennsylvania State Police action, all fines connected
11 with that citation shall be payable to the Commonwealth.
12 (ii) When citation under subsection (a) is the
13 result of local police action, all fines connected with
14 that citation shall be payable to the municipal
15 corporation under which the local police are organized.
16 (2) The fines shall not apply to false alarms resulting
17 from acts beyond the alarm user's control, including, but not
18 limited to, telephone interruptions, power interruptions or
19 acts of God.
20 (d) Suspension or revocation of approval.--The public safety
21 agency may refuse, revoke or suspend the approval granted under
22 subsection (a) if the public safety agency determines any of the
23 following:
24 (1) The request for approval contains a statement of
25 material fact which is false.
26 (2) The person failed to comply with this section.
27 (3) The person violated subsection (c).
28 (e) Local regulation of installers.--
29 (1) [General rule.--]Except as set forth in paragraph
30 (2), nothing in this section shall prohibit a municipality
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1 from requiring any individual who installs alarms in [such]
2 the municipality to acquire a license[,] for such low voltage
3 applications, to meet educational requirements [or] and to
4 pass an examination relating to [competence to perform such
5 installations] the National Burglar and Fire Alarm
6 Association Level 1 Alarm Technician Certification. Nothing
7 in this section shall preclude municipalities from doing any
8 of the following:
9 (i) Denying or revoking local permits for failure to
10 comply with local ordinances.
11 (ii) Levying lawful taxes and fees.
12 (iii) Requiring the purchase of [a] business
13 privilege [license] licenses.
14 (2) [Limitation.--]A municipality may not require a
15 licensed electrical contractor to acquire a separate or
16 additional license or certification to install alarms if the
17 electrical contractor is licensed by the municipality and has
18 passed an examination in the National Electrical Code, a
19 similar code or local electrical code and has at least two
20 years' experience as an electrical contractor.
21 (f) Definitions.--As used in this section, the following
22 words and phrases shall have the meanings given to them in this
23 subsection:
24 "Alarm." A communication to a public safety agency
25 indicating that a crime, fire or other emergency warranting
26 immediate action by that public safety agency has occurred or is
27 occurring.
28 "Alarm device." A device designed to automatically transmit
29 an alarm:
30 (1) directly to a public safety agency; or
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1 (2) to a person that is instructed to notify the public
2 safety agency of the alarm.
3 "Alarm user." Any person, firm, partnership, cooperation or
4 other entity who uses an alarm system at its alarm site.
5 "Automatic tape dialing device." A device which is
6 interconnected to a telephone line and preprogrammed to transmit
7 [the coded] a prerecorded voice message of a signal of an alarm
8 to a dedicated telephone trunk line or to dial a predetermined
9 telephone number to an alarm to a public safety agency.
10 "Dedicated telephone trunk line." A telephone line or lines
11 which serve a public safety agency which is dedicated to
12 receiving transmissions from an automatic tape dialing device.
13 "False alarm." The activation of an alarm device to which a
14 public safety agency responds when a crime, fire or other
15 emergency has not occurred.
16 "Person." An individual, corporation, partnership,
17 incorporated association or other similar entity.
18 "Public safety agency." The Pennsylvania State Police or any
19 municipal police or fire department.
20 Section 2. This act shall take effect in 60 days.
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