2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 75 - Other Offenses
7511 - Control of alarm devices and automatic dialing devices.
§ 7511. Control of alarm devices and automatic dialing devices. (a) Automatic dialing devices.--A person may not attach or use an automatic dialing device without doing all of the following: (1) Providing the disclosure under subsection (b). (2) Obtaining prior written approval from a public safety agency to use the automatic dialing device to alert the public safety agency of an alarm condition. The public safety agency shall not be responsible for any costs for the installation and maintenance of any dedicated telephone line or equipment associated with the alarm termination. (b) Disclosure.--A person seeking approval under subsection (a) shall disclose the telephone number of a person to be contacted if the automatic dialing device is activated and all relevant facts concerning the design and layout of the premises to be protected by the automatic dialing device. The person shall inform the public safety agency of any change in the information required by this subsection as soon as practicable. (c) False alarms prohibited.-- (1) A person that owns, uses or possesses an alarm device or automatic dialing device may not, after causing or permitting three false alarms to occur in a consecutive 12- month period, cause or permit a subsequent false alarm to occur in the same consecutive 12-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. (2) Venue for prosecution of an offense under this subsection shall lie at any of the following places: (i) Where the alarm originated. (ii) Where the alarm was received by the: (A) public service agency; or (B) third person designated to notify the public service agency. (3) Notwithstanding 42 Pa.C.S. § 3733 (relating to deposits into account) or any other law, the disposition of fines shall be as follows: (i) The fine shall be paid to the municipality if all of the following apply: (A) The public safety agency which responded to the false alarm serves the municipality. (B) The prosecution is initiated by the public safety agency under clause (A) or by the municipality. (ii) The full amount of the fine shall be paid to the Commonwealth if all of the following apply: (A) The Pennsylvania State Police is the public safety agency which responded to the false alarm. (B) The prosecution is initiated by the Pennsylvania State Police. (C) There is no prosecution under subparagraph (i). (d) Suspension or revocation of approval.--The public safety agency may refuse, revoke or suspend the approval granted under subsection (a) if the public safety agency determines any of the following: (1) The request for approval contains a statement of material fact which is false. (2) The person failed to comply with this section. (3) The person violated subsection (c). (e) Local regulation of installers.-- (1) General rule.--Except as set forth in paragraph (2), nothing in this section shall prohibit a municipality from requiring any individual who installs or inspects alarm devices in such municipality to acquire a license, meet educational requirements or pass an examination relating to competence to perform such installations. Nothing in this section shall preclude municipalities from doing any of the following: (i) Denying or revoking local permits for failure to comply with local ordinances. (ii) Levying lawful taxes and fees. (iii) Requiring the purchase of a business privilege license. (2) Limitation.--A municipality may not require a licensed electrical contractor to acquire a separate or additional license or certification to install or inspect alarm devices if the electrical contractor is licensed by the municipality and has passed an examination in the National Electrical Code, a similar code or local electrical code and has at least two years' experience as an electrical contractor. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Alarm." A communication to a public safety agency indicating that a crime, fire or other emergency warranting immediate action by that public safety agency has occurred or is occurring. "Alarm device." A device designed to automatically transmit an alarm: (1) directly to a public safety agency; or (2) to a person that is instructed to notify the public safety agency of the alarm. "Automatic dialing device." A device which is interconnected to a telephone line and preprogrammed to transmit the coded signal of an alarm to a dedicated telephone trunk line or to dial a predetermined telephone number to an alarm to a public safety agency. "Dedicated telephone trunk line." A telephone line or lines which serve a public safety agency which is dedicated to receiving transmissions from an automatic dialing device. "False alarm." The activation of an alarm device to which a public safety agency responds when a crime, fire or other emergency has not occurred. "Person." An individual, corporation, partnership, incorporated association or other similar entity. "Public safety agency." The Pennsylvania State Police or any municipal police or fire department. (June 18, 1998, P.L.503, No.70, eff. 60 days; Dec. 21, 1998, P.L.1103, No.149, eff. 60 days) 1998 Amendments. Act 70 added section 7511 and Act 149 amended subsec. (e).
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