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HomeMy WebLinkAbout2011 ATTORNEY GENERAL BYLAWS SUBMITTAL-FORMS 1 TO 3-JULY 5, 2011 Form 1 THE COMMONWEALTH OF MASSACHUSETTS z W OFFICE OF THE ATTORNEY GENERAL M w ' d MUNICIPAL LAW UNIT 1350 MAIN STREET 4TH FLOOR V SPRINGFIELD MASSACHUSETTS 01103-1629 MARTHA COAKLEY ATTORNEY GENERAL Town: NORTH ANDOVER Form 1 i "Pursuant to M.G.L.c.40, § 32,1 hereby request approval of the enclosed amendments to our town by-laws. M.G.L.c.40, § 32, specifies that this request must be made within thirty (30)days after final adjournment of Town Meeting. The mandatory forms are included." 1.) Town Meeting(check one): NOTE:If"Other"is selected,please specify(i), (ii),or(iii)? X Annual Special Other(spec) i.)Authorized by Charter ii.)Authorized by Special Act iii.)Authorized by By-Law 2.) Date Town Meeting First Convened: JUNE 7, 2011 3.) Date(s) of Adjourned Sessions: ------- 4.) Identify Warrant Article(s) Submitted: a.) Zoning Does any by-law submitted in this packet,create or amend a by-law adopted under M.G.L. c. 40R(smart growth zoning by-law)? Yes No b.) Historical District c.) General ARTICLE 35,ARTICLE 37 d.) Charter Amendment(proposed amendments to an existing charter pursuant to M.G.L.c.43B, § 10) 5.) Identify Zoning/Historic Maps Relating to Warrant Article(s): I Form 1 Page 1 of 2 Rev.08/2007 i Form 1 6.) Town Counsel contact information: Attorney THOMAS J. URBELIS Firm URBELIS & FIELDSTEEL, LLP Mailing Address 155 FEDERAL STREET City BOSTON State MA Zip 02110-1727 Phone (617) 338-2200 Fax (617)338-0122 Email tju @uf-law.com 7.) Town Clerk:contact information: Name(print),, JOYCE A. BRADSHAW Signature :,..Mailing Address 120 MAIN STREET City NORT; A-NDOVER State MA Zip 01845 Phone (97,61688-9502 Fax (978)688-9557 Email' ibradshaw @townofnorthandover.com Work Schedule MONDAY - FRIDAY 8:30AM - 4:30PM 8.) Planning Board member contact information: Name(print) JUDY TYMON DOWN PLANNER Mailing.Address 1600 OSGOOD STREET City NORTH ANDOVER State MA Zip 01845 Phone (978)688-9535 Fax (978)688-9542 Email jtymon @townofnorthandover.com Work Schedule MONDAY - FRIDAY 8;30AM-4:30PM Form 1 Page 2 of 2 Rev.08/2007 E Form 2 THE COMMONWEALTH OF MASSACHUSETTS u W OFFICE OF THE ATTORNEY GENERAL ' d MUNICIPAL LAW UNIT 13 S 0 MAIN STREET, 4TH FLOOR SPRINGFIELD, MASSACHUSETTS 01103-1629 MARTHA COAKLEY ATTORNEY GENERAL Town: NORTH ANDOVER Date Town Meeting Convened: JUNE 7, 2011 Form 2—Town Meeting Action Please provide the following: X Submission#1,EXISTING BY-LAW. One (1) certified copy of the entire main section of the existing by-law within which each proposed amendment occurs. This requirement is very important since without the full text of the entire main section of the existing by-law being amended we will be unable to ascertain the full meaning of the proposed changes in context. By-law amendments include even minor technical changes in current by-laws, amendments to tables showing uses permitted in different zoning districts, and amendments which re-codify,reorganize or renumber existing by-laws previously approved by the Attorney General. X Subm ssion#2,TOWN MEETING ACTION. Three (3) certified copies of the main motion, or amended main motion voted by town meeting, with the date, article number, name of Town(typed or written because the town seal imprint disappears when photocopied) and votes thereon. Also include a copy of each floor amendment favorably acted upon by town meeting. We do not need copies of floor amendments that were unfavorably acted upon by Town Meeting. X Submission#3,FINAL VERSION OF BY-LAW AS AMENDED. One (1) certified copy of the by-law(Submission#1)as amended by town meeting(Submission #2). X Submission#4,ANNOTATED COMPARISON. Please indicate all changes (including deletions and additions)to the existing by-law. This may be done in any manner by which the changes are clearly indicated. For example,you may annotate a copy of the existing by-law(#I above)or a copy of the final version of the by-law as amended (#3 above) by underlining, italicizing, or otherwise highlighting or indicating all changes. Be sure to include a legend explaining the method chosen. Preferably,you may substitute for the above a computer-generated"compare"document in which the deleted text is shown in"strike-out'format and the new text is shown in"redline"format. Form 2 Page 1 of 2 Rev. 08/2007 Form 2 For any vote requiring a simple majority it will be sufficient to certify that the moderator declared that the motion carried. Where the vote was unanimous, it will be sufficient to certify that the moderator declared that the motion carried unanimously. For any vote requiring more than a simple majority and where the vote was not unanimous an actual vote count must be taken. Zoning by-laws and historic district by-laws require a two-thirds vote. However, if the town has either(a) by vote of this town meeting, or(b) in a previously adopted general by-law voted that a counted vote need not be taken and that the Moderator may declare that the required vote has been achieved,then such declaration of the Moderator will be sufficient(select below): If by (a),then please attach a copy of the minutes from this town meeting showing the vote to dispense with a counted vote. X If by (b),then please attach a copy of the by-law including: The date on which it was adopted by town meeting: Date: MAY 12, 1997 The date it was approved by the Attorney General's Office: Date: AUGUST 13, :Yg� '., i Form 2 Page 2 of 2 Rev. 08/2007 FNOo7HA O tt�a �a.NO FO A IL *A a4gOgtie"<;FK'Pt�41 '�`TSNCHUSE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshaw(a�townofnorthandover.com This is to certify that the following vote was taken on Article 37 at the Adjourned Annual Town Meeting for the Town of North Andover held May 12, 1997 at the North Andover High School Fieldhouse: ARTICLE 37. ACCEPT PROVISIONS OF M.G.L. CHAPTER 39, SECTION 9. To see if the Town will vote to amend Chapter 59 of the General Bylaws of the Town of North Andover by adding the following new section 59-6: The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required VOTE: YES 162 NO 2 Approved by Attorney General August 13, 1997 -:, True dopy f NORTH q 04�i�. a16�NO �SSACHUf✓� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone (978) 688-9501 Town Clerk Fax (978) 688-9557 E-mail .iradshaw(a�,townofnorthandover.com This is to certify that the following is the text of Chapter 146 Chapter 146-Recreational Uses on Lake Cochichewick and Its Tributaries in effect as of June 7, 2011: Recreational Uses on Lake Cochichewick and Its Tributaries [HISTORY: Adopted by the Town of North Andover May 13, 2000 Annual Town Meeting, Article 33 - Approved by Attorney General October 12,2000 and by the Director of Law Enforcement for the Division of Fisheries&Wildlife&Environmental Law Enforcement. Amendments noted where applicable.] § 146-1 Prohibitions § 146-1 Prohibitions. All gasoline or diesel powered engines, containers that transport any type of gasoline or diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles, ice augers, generators, stoves or lamps, are prohibited, unless otherwise authorized by the Department of Public works for lake monitoring and/or safety/emergency procedures. _AT'hl+; `f -A True ''I'r�wrr�ierlt � poRrN 9 O`At�ao ,6a N� q�MAT.o PP`y'(TJ �SSACHUSE� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978) 688-9557 E-mail _iradshaw(a,townofnorthandover.com This is to certify that the following is the text of Chapter 69—Fire Alarms— of the General Bylaws for the Town of North Andover as amended by Article 37 of the Dissolved Annual Town Meeting for the Town of North Andover on June 7, 2011: ARTICLE I Fire Detection and Alarm Systems § 69-1 Purpose and Scope This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire, wireless, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition, "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit sigzled,by the Fire Chief or his designee. The issuance of permits and the imposition of,fe;e's,shiall be-ih-compliance with Massachusetts General Law Chapter 148.Section 10 A:. Changes in the permit or inspection fees may be made wit_h"sixty(60):days notice to the general public and with the approval of the Board of Selectmen. ATTEST A Tru-0.Copy Town Clerk B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems- NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department. (Section 69-2 amended June 7, 2011 as Article 37-Pending Attorney General approval) § 69-3 Alarm Disconnection and Alteration Notice Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department. This notice shall be in accordance with M.G.L. Chapter 148 Section 10A, Section 27A, and Section 28. § 69-4 Automatic Shut Off Requirement All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s), shall be equipped with a timing unit, which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical or electrical, which are used to indicate water flow. 2 § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2)persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm user's responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of Massachusetts General Law Chapter 268 Section 32 (tampering with a fire alarm signal). If after three (3) attempts by the fire department, a zone of system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69- 5 (a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. C. All premises shall have their legal street number posted clearly visible as per Massachusetts General Law Chapter 148 Section 59 prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town by-law Section 69- 8.1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the fire department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. § 69-7 False Alarm Assessment A. Alarm systems which generate false alarms shall be subject to the following assessment: Fire Alarm, Carbon Monoxide Alarm &Emergency Medical Systems 3 FALSE ALARM ASSESSMENT 1 THROUGH 3 NONE 4 THROUGH 5 $300 EACH 6 OR MORE The current costs for all the personnel and equipment that respond to each call. The Fire Chief shall have the authority to waive the assessment if in his judgment extenuating circumstances justify such a waiver. After a third false alarm, the Fire Chief shall notify the responsible party in writing that the next false alarm incident will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessment. It is the intent of this section to have the system maintained on a regular basis. B. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. C. False alarms received during the first thirty (30) days following installation shall not be counted for the purposes of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. D. Determination that a false alarm has been transmitted will be the judgment of the Fire Chief or his duly appointed duty officer. E. Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined. § 69-7.1 Connection Fees Each alarm user shall on or before October 1" of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed under the existing fee structure, once the radio box is properly installed and functioning as approved by the North Andover Fire Department. In accordance with the Town by- law the Board of Selectmen can establish fees, at any time, which reflect the costs of service provided. Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. 4 6 Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. § 69-7.2 Violations The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that$50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. b. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. c. Failure to pay any fee assessed under this Section 69 within sixty (60) days from the assessment. d. Failure to comply with the requirements set forth in these regulations. e. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. f. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. g. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. h. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation. § 69-7.3 Consultation with the Office of the Essex County District Attorney In consideration of General Laws Chapter 268, Section 32, Chapter 269, Section 13 and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this Chapter 69 or prior to the imposition of any assessment or fines pursuant to Chapter 69 Section 7. § 69-8 Forcible Entry of Unoccupied Premises When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire Officer in command, may, if he has reasonable concern or suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exists. If this action becomes necessary, the Fire Officer shall: A. Notify the Police Department of this action. B. Secure the premises insofar as feasible. 5 C. Continue efforts to contact the individuals listed as responsible for the structure. D. Enter the action taken in the Fire Department log. § 69-8.1 Secured Key Access Any building other than a residential building of fewer than six (6) units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the North Andover Fire Department and shall be located and installed as approved by the Chief, Any building owner violating this Article after receiving due notice by the Fire Department shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40 §21D. 6 NORTH O tz1.LD 6L NO 3e 4!;.,.. •••�. a o� SACHUS�t�y TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail brads haw(a)townofnorthandover.com. This is to certify that the following vote was taken on Article 35 at the Dissolved Annual Town Meeting for the Town of North Andover held June 7, 2011: Article 35. Town By-Law, Amend Chanter 146, Recreational Uses on Lake Cochichewick and its Tributaries — Add New Section 146-2, Rules and Regulations. Unanimous vote to amend Town By-law, Chapter 146, by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials. VOTED JUNE 7, 2011 p_TTEST /�True fnopy r✓: sTdwri . Ieric r . . .. NORTH q of N i•, .. A 9SSACHUS�� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshaw(iDtownofnorthandover.com. This is to certify that the following vote was taken on Article 35 at the Dissolved Annual Town Meeting for the Town of North Andover held June 7,2011: Article 35. Town By-Law, Amend Chanter 146, Recreational Uses on Lake Cochichewick and its Tributaries — Add New Section 146-2, Rules and Regulations. Unanimous vote to amend Town By-law, Chapter 146, by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials. VOTED JUNE 7,2011 A`i'TIa"S '.. rovi-n-cleri,;r OF NORTH t� q ..rye H- y1� +e OL �SSACHUSE� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978) 688-9501 Town Cleric Fax (978) 688-9557 E-mail j bradshawAtownofnorthandoyer.com. This is to certify that the following vote was taken on Article 35 at the Dissolved Annual Town Meeting for the Town.of North Andover held June 7, 2011: Article 35. Town By-Law, Amend Chanter 146, Recreational Uses on Lake Cochichewick and its Tributaries — Add New Section 146-2, Rules and Regulations. Unanimous vote to amend Town By-law, Chapter 146, by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials. VOTED JUNE 7, 2011 III ATTlPiSIT: A Tr�►e;GopYl: `?tJYvlr! tierlt L, I i Of NORTH q s "D ° ti0 SACHUSEt�y TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail I bradshaw(iDtownofnorthandover.com. This is to certify that the following vote was taken on Article 37 at the Dissolved Annual Town Meeting for the Town of North Andover held June 7, 2011: Article 37. Amend General Bylaws Chanter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014. Unanimous vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving systern.-will be performed only through approved radio master fire alarm boxes. E. As of T„ly 1, 2007- September 1, 2011 all buildings and structures connected. to the F re ,, Department's alarm receiving system will be advised that as of , :: ly-1,-2014 master v fire alarm boxes connected through the hard wired municipal circuit system,must,he;replaced with a radio master box compatible with the Fire Department's alarm receivingqu�prraPnt: The, `A `Iru Town Clerk master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; SECTION 69-2 AS AMENDED TO READ AS FOLLOWS: § 69-2 Alarm Installation and Permit Requirements B. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems—NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover VOTED JUNE 7,2011 ATTE$T,, True'dopy ` T�-�✓n�lerl� c f NORTHq O`,�1�a isa HO 3� 6...•_ _ E oL F A g1T.o.fP •(.J �SSACHUSE� , TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw,CMMC Telephone(978) 688-9501 Town Clerk Fax (978)688-9557 E-mail jradshawna,townofnorthandover.com. This is to certify that the following vote was taken-on Article 37 at the Dissolved Annual Town Meeting for the Town of North Andover held June 7,2011: Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, ChanainjZ Effective Date from July 1, 2012 to July 1, 2014. Unanimous vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their.choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual,connection to the Fire Department's alarm receiving system will be-made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per -Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving sysl:eim,viill be performed only through approved radio master fire alarm boxes. E. As of Ail), 1, 2007- September 1, 2011 all buildings and structures coTi-*, 16.0 .to the dire` ,' Department's alarm receiving system will be advised that as-of��,, ,1T 20i .l ly 4; 201:4 master , fire alarm boxes connected through the hard wired municipal circuit systerrl must be replaced with a radio master box compatible with the Fire Department's alarm The' _M l`'fif L CIA•�L.7 1� '-/r: � Town Clerk. E I i master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system"owner or user, or the alarm company contracting for the•servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw.by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; SECTION 69-2 AS AMENDED TO READ AS FOLLOWS: § 69-2 Alarm Installation and Permit Requirements B. As of the effective date of this by-law, no alarm system,or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through-the issuance of a permit as per Massachusetts General Law Chapter 148 Section l OA. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September .l, 2011 all buildings and structures connected to the Fire Department.'s alarm receiving system will be advised that.as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master.box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be. installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems—NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master . fire alarm box transmitting device, G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover VOTED JUNE 7,2011 I Gory 1 / C. OF µ0 RTH q Z t," a +O ��q gpgAT.p TP,�(y SSACHUSE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw,CMMC Telephone(978) 688-9501 Town Clerk Fax (978)688-9557 E-mail ibradsliaw(-,townofnorthandover.com. This is to certify that the following vote was taken on Article 37 at the Dissolved Annual Town Meeting for the Town of North Andover held June 7,2011: Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014. Unanimous vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in.the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's .alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm .receiving sy,,stemn.?dill be performed only through approved radio master fire alarm boxes. ,j E. As of Ai1y 1, 2007 September 1, 2011 all buildings and structures :eorugected to the Fire,:, Department's alarm receiving system will be advised that as of July 2.1 'Iy.1, 2014'ri aster fire alarm boxes connected through the hard wired municipal circuit system'' mint"be .replaced with a radio master box compatible with the Fire Department's alarm receiWng ,pqu�pry?ent The,; kTftl 6§ Town Clerk master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals.from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; SECTION 69-2 AS AMENDED TO READ AS FOLLOWS: § 69-2 Alarm Installation and Permit Requirements B. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer,approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master,box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to i avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in. accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems—NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F: The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws: of the Town of North Andover VOTED JUNE 7,2011 A1 'rWe dopy NO pTH ��SSACHUS���y TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone (978) 688-9501 Town Clerk Fax (978) 688-9557 E-mail ibradshawntownofnorthandover.com This is to certify that the following is the text of Chapter 146 Chapter 146-Recreational Uses on Lake Cochichewick and Its Tributaries as amended by Article 35 of the June 7, 2011 Dissolved Annual Town Meeting: . Recreational Uses on Lake Cochichewick and Its Tributaries § 146-1 Prohibitions § 146-2 Rules and Regulations § 146-1 Prohibitions. All gasoline or diesel powered engines, containers that transport any type of gasoline or diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles, ice augers, generators, stoves or lamps, are prohibited, unless otherwise authorized by the Department of Public works for lake monitoring and/or safety/emergency procedures. § 146-2 Rules and Regulations. The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence,shall be $50.00 and Harbor Masters, Police Officers and the Community Service Is are- the the authorized enforcement officials. T"TE'ST ``Z' li"_+PFj'jk,. � NoR7h q �AATo FP�(cJ 9SSACHus TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshaw(i,townofnorthandover.com This is to certify that the following is the text of Chapter 69—Fire Alarms— of the General Bylaws for the Town of North Andover as amended by Article 37 of the Dissolved Annual Town Meeting for the Town of North Andover on June 7, 2011: ARTICLE I Fire Detection and Alarm Systems § 69-1 Purpose and Scope This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm T circuit, direct wire, wireless, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition, "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the,,Fire Chief or his designee. The issuance of permits and the imposition of fees shall•'be� pliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty` 60) days inotice to tYlP general public and with the approval of the Board of Selectmen.:' ,{ ; pue Copy Town Cleric i B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems- NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department. (Section 69-2 amended June 7, 2011 as Article 37-Pending Attorney General approval) § 69-3 Alarm Disconnection and Alteration Notice Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department. This notice shall be in accordance with M.G.L. Chapter 148 Section 10A, Section 27A, and Section 28. § 69-4 Automatic Shut Off Requirement All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s), shall be equipped with a timing unit, which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical or electrical, which are used to indicate water flow. 2 § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2)persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm user's responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of Massachusetts General Law Chapter 268 Section 32 (tampering with a fire alarm signal). If after three (3) attempts by the fire department, a zone of system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69- 5 (a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected- location. The cost of that detail and any equipment associated with it shall be born by the owner,purchaser, lessee or renter of the system. C. All premises shall have their legal street number posted clearly visible as per Massachusetts General Law Chapter 148 Section 59 prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town by-law Section 69- 8.1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the fire department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. § 69-7 False Alarm Assessment A. Alarm systems which generate false alarms shall be subject to the following assessment: Fire Alarm, Carbon Monoxide Alarm& Emergency Medical Systems 3 FALSE ALARM ASSESSMENT 1 THROUGH 3 NONE 4 THROUGH 5 $300 EACH 6 OR MORE The current costs for all the personnel and equipment that respond to each call. The Fire Chief shall have the authority to waive the assessment if in his judgment extenuating circumstances justify such a waiver. After a third false alarm, the Fire Chief shall notify the responsible party in writing that the next false alarm incident will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessment. It is the intent of this section to have the system maintained on a regular basis. B. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. C. False alarms received during the first thirty (30) days following installation shall not be counted for the purposes of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. D. Determination that a false alarm has been transmitted will be the judgment of the Fire Chief or his duly appointed duty officer. E. Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined. § 69-7.1 Connection Fees Each alarm user shall on or before October 1St of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed under the existing fee structure, once the radio box is properly installed and functioning as approved by the North Andover Fire Department. In accordance with the Town by- law the Board of Selectmen can establish fees, at any time, which reflect the costs of service provided. Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. 4 Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. § 69-7.2 Violations The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. b. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. c. Failure to pay any fee assessed under this Section 69 within sixty (60) days from the assessment. d. Failure to comply with the requirements set forth in these regulations. e. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. f. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. g. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. h. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation. § 69-7.3 Consultation with the Office of the Essex County District Attorney In consideration of General Laws Chapter 268, Section 32, Chapter 269, Section 13 and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this Chapter 69 or prior to the imposition of any assessment or fines pursuant to Chapter 69 Section 7. § 69-8 Forcible Entry of Unoccupied Premises When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire Officer in command, may, if he has reasonable concern or suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exists. If this action becomes necessary, the Fire Officer shall: A. Notify the Police Department of this action. B. Secure the premises insofar as feasible. 5 C. Continue efforts to contact the individuals listed as responsible for the structure. D. Enter the action taken in the Fire Department log. § 69-8.1 Secured Key Access Any building other than a residential building of fewer than six (6) units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the North Andover Fire Department and shall be located and installed as approved by the Chief, Any building owner violating this Article after receiving due notice by the Fire Department shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40 §21D. 6 Q NOR7H H O �t�ao ;ef.yo M °q,Ta° PP`y�J �SSACHUS�t TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail iradshaw(a)townofnorthandover.com This is to certify that the following is the text of Chapter 69—Fire Alarms— of the General Bylaws for the Town of North Andover as amended by Artiele 37 o the Dissolved Annual Town Meeting for the Town of North Andever- on , in effect on June 7,2011: ARTICLE I Fire Detection and Alarm Systems § 69-1 Purpose and Scope This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire, wireless, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition, "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency- situation at a property where the component devices of the system are installed. § 69-2 Alarm Installation and Permit Requirements a. As of the effective date of this by-law, no alarm system or,eq ijpnient designed to summon the Fire Department shall be installed by the Fire Chief or his designee. The issuance of permits 'and'the"�k`p`ositi'6"'.of fees shall be in compliance with Massachusetts General T' r.'lzapter 148:Section 10 A. C, AT.TTES ' A T�.ue Qopy � r Town 16!'k Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. b. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of Septeiibe+L.uly 1, 24112007 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, X42012 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code-- NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department. . 7 3 Pending Attofney General approval) § 69-3 Alarm Disconnection and Alteration Notice Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department. This notice shall be in accordance with M.G.L. Chapter 148 Section 10A, Section 27A, and Section 28. § 69-4 Automatic Shut Off Requirement 2 All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s), shall be equipped with a timing unit, which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical or electrical, which are used to indicate water flow. § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2)persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm user's responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of Massachusetts General Law Chapter 268 Section 32 (tampering with a fire alarm signal). If after three (3) attempts by the fire department, a zone of system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69- 5 (a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner,purchaser, lessee or renter of the system. C. All premises shall have their legal street number posted clearly visible as per Massachusetts General Law Chapter 148 Section 59 prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town by-law Section 69- 8.1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the fire department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted when such work is being performed without permission will constitute a false.alarm and subject to the fee assessment as shown in Section 7.0. § 69-7 False Alarm Assessment 3 A. Alarm systems which generate false alarms shall be subject to the following assessment: Fire Alarm, Carbon Monoxide Alarm& Emergency Medical-Systems FALSE ALARM ASSESSMENT 1 THROUGH 3 NONE 4 THROUGH 5 $300 EACH 6 OR MORE The current costs for all the personnel and equipment that respond to each call. The Fire Chief shall have the authority to waive the assessment if in his judgment extenuatin g circumstances u stances justify such a waiver. After a third false alarm, the Fire Chief shall notify the responsible parry in writing that the next false alarm incident will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessment. It is the intent of this section to have the system maintained on a regular basis. B. False alarms caused by faulty telephone service, municipal equipment or P electrical storms will be excluded from assessment. C. False alarms received during the first thirty (30) days following installation shall not be counted for the purposes of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. D. Determination that a false alarm has been transmitted will be the judgment of the Fire Chief or his duly appointed duty officer. E. Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined. § 69-7.1 Connection Fees Each alarm user shall on or before October 1St of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed under the existing fee structure, once the radio box is properly installed and functioning as I 4 3 approved by the North Andover Fire Department. In accordance with the Town by- law the Board of Selectmen can establish fees, at any time, which reflect the costs of service provided. I Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. 69-7.2 Violations The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that$50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. b. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. c. Failure to pay any fee assessed under this Section 69 within sixty (60) days from the assessment. d. Failure to comply with the requirements set forth in these regulations. e. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. f. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. g. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. h. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department,when there is no fire or emergency situation. i § 69-7.3 Consultation with the Office of the Essex County District Attorney In consideration of General Laws Chapter 268, Section 32, Chapter 269, Section 13 and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this Chapter 69 or prior to the imposition of any assessment or fines pursuant to Chapter 69 Section 7. § 69-8 Forcible Entry of Unoccupied Premises When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire Officer in command, may, if he has reasonable concern or 5 I suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exists. If this action becomes necessary, the Fire Officer shall: A. Notify the Police Department of this action. B. Secure the premises insofar as feasible. C. Continue efforts to contact the individuals listed as responsible for the structure. D. Enter the action taken in the Fire Department log. § 69-8.1 Secured Key Access Any building other than a residential building of fewer than six (6) units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the North Andover Fire Department and shall be located and installed as approved by the Chief, Any building owner violating this Article after receiving due notice by the Fire Department shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40 §21D. 6 i f NORTH q F P �•9 �q�T,O PP,,(5 SSACHUSE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone (978) 688-9501 Town Clerk Fax (978) 688-9557 E-mail _bradshaw(ii,)townofnorthandover.com This is to certify that the following is the text of Chapter 146 Chapter 146-Recreational Uses on Lake Cochichewick and Its Tributaries in effect as icnaz..irpl°,`acru�"-�ic-le 35 of th-eJune 7, 2011 Dissel= ed Annual To Meeting: LlF7 Recreational Uses on Lake Cochichewick and Its Tributaries [.HISTORY: Adopted by the Town of North Andover May 13, 2000 Annual Town Meeting, Article 33 - Approved by Attorney General October 12,2000 and by the Director of Law Enforcement for the Division of Fisheries&Wildlife&Environmental Law Enforcement. Amendments noted where applicable.] § 146-1 Prohibitions § 146-1 Prohibitions. All gasoline or diesel powered engines, containers that transport any type of gasoline or diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles, ice augers, generators, stoves or lamps, are prohibited, unless otherwise authorized by the . Department of Public works for lake monitoring and/or safety/emergency procedures. § .1462 Rules and Regulati. ttiCTJbiY'�J I'^ '// „i.,+;,.,,n by 1 1 f' .7 'ih ;-e ,addled �$-c'1•-nee crn�-effenee in a.eeef:dftiie-u�-c 4h-44-p�4��t6ifTii�-4E Masseehuse4s G Laws,C aptef40, S eotien. 21 lz fine $50.00 and Hafber Masterg, s_ i A Truc Copy,%' a,�: % Town Clerk