PRINTER'S NO. 2941
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2489
Session of
2022
INTRODUCED BY MAJOR, BERNSTINE, HENNESSEY, PICKETT AND SMITH,
APRIL 6, 2022
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 6, 2022
AN ACT
Providing for standards of highway, safety and battery-charged
security fences; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Highway and
Safety Fence Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Battery-charged security fence." An alarm system and
ancillary components, or equipment attached to the system,
including, but not limited to, a fence, a battery-operated
energizer which is intended to periodically deliver voltage
impulses to the fence connected to it and a battery charging
device used exclusively to charge the battery. The term does not
include a fence used primarily for the containment of livestock
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or other animals.
"Municipality." A county, city, township, borough,
incorporated town, home rule municipality, municipal authority
or other general purpose unit of government established by an
act of the General Assembly.
Section 3. Highway wire fences.
It is lawful for a land owner within this Commonwealth to
construct, build and maintain, along any of the highways of this
Commonwealth, fences made in whole or in part of wire, with or
without barbs, subject at all times to restrictions and
prohibitions imposed by municipalities relating to fences.
Section 4. Line wire fences.
A fence, made in whole or in part of wire, with or without
barbs, is a lawful fence, within the meaning and provisions of
any act of this Commonwealth relating to the building,
constructing and maintaining of line fences, provided that the
wire fence complies with the height required by that act.
Section 5. Battery-charged security fences.
(a) General rule.--The construction, use and maintenance of
a battery-charged security fence is lawful, provided that the
battery-charged security fence complies with the requirements of
this section.
(b) Requirements for compliance.--A battery-charged security
fence must:
(1) Interface with a monitored alarm device in a manner
that enables the alarm system to transmit a signal intended
to summon the business or law enforcement, or both, in
response to an intrusion or burglary.
(2) Be located on property that is not designated by a
municipality exclusively for residential use.
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(3) Have an energizer that is powered by a commercial
storage battery that is not more than 12 volts of direct
current.
(4) Has an energizer that meets the standards specified
by the International Electrotechnical Commission Standard
60335-2-76.
(5) Is surrounded by a nonelectric perimeter fence or
wall that is not less than five feet in height.
(6) Not exceed 10 feet in height or two feet higher than
the nonelectric perimeter fence or wall described in
paragraph (5), whichever is higher.
(7) Be marked with conspicuous warning signs that are
located on the battery-charged security fence at not more
than 30-foot intervals and that read: "WARNING-ELECTRIC
FENCE".
(c) Limitation on power of municipalities.--Notwithstanding
section 3 or any other provision of law, a municipality may not
adopt or enforce an ordinance, order or regulation that:
(1) requires a permit or fee for the installation or use
of a battery-charged security fence to which this section
applies, that is in addition to an alarm system permit issued
by the municipality;
(2) imposes installation or operational requirements for
a battery-charged security fence that are inconsistent with
or in addition to the requirements and standards enumerated
in subsection (b); or
(3) prohibits the installation or use of a battery-
charged security fence.
Section 6. Repeal.
(a) Legislative finding.--The General Assembly finds that
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the repeal under subsection (b) is necessary to effectuate this
act.
(b) Specific repeal.--The act of May 2, 1899 (P.L.163,
No.111), entitled "An act legalizing and making it lawful to
build fences constructed in whole or in part of wire along the
public highways, and as division fences," is repealed.
Section 7. Effective date.
This act shall take effect in 60 days.
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