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HomeMy WebLinkAbout2006 ATM-AG-FORM 2 - #1-EXISTING BYLAW-ARTICLE 10-CHAPTER 69 OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES 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(dtownofnorthandover.com This is to certify that the following was the text of Chapter 69 Alarm Systems of the General Bylaws for the Town of North Andover on May 8, 2006: Fire Detection and Alarm Systems [HISTORY:Adopted: Annual Town Meeting April 23,1983,Article 35] § 69-1 Purpose and Scope § 69-2 Alarm Installation and Permit Requirements § 69-3 Alarm Disconnection and Alteration Notice § 69-4 Automatic Shut Off Requirement § 69-5 Alarm System Regulations and Maintenance § 69-6 Alarm Tests § 69-7 False Alarm Assessment § 69-7.1 Connection Fees § 69-7.2 Violations § 69-7.3 Appeals § 69-7.4 Fees, Fines and Assessments § 69-8 Forcible Entry of Unoccupied Premises § 69-8.1 Secured Key Access § 69-1 Purpose and Scope. [Amended: ATM 5-6-92,Article 35] This Bylaw shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or a telephone dial up basis and systems which use exterior 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. Chapter 69-2 Alarm Installation and Permit Requirements [Amended: ATM 5-6-92,Article 35] A. As of the effective date of this Bylaw, 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. Existing alarm systems must obtain permit within three (3) months of the effective date of this Bylaw. The Fire Chief shall prescribe an application form for implementation of this Bylaw. The fee for this alarm permit shall be ten dollars ($10). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15). 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. Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices a the Fire Department. Equipment as described shall use the emergency Fire Department telephone number designated for that purpose. D. Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. E. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department Alarm receiving equipment. F. The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. § 69-3 Alarm Disconnection and Alteration Notice [Amended: ATM May-6-1992, Article 35] [Amended ATM May 12, 1998, Article 22, Approved by Attorney General October 20,1998] Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code and M.G.L. Chapter 148, Section 27A and Section 28. § 69-4 Automatic Shut Off Requirement [Amended: ATM 5-6-92,Article 35] All alarm systems installed after the effective date of this Bylaw which use an electric audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five (5) minutes and no more than ten (10) minutes after the activation of the alarm system. All existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this Bylaw. This section shall not apply to audible sprinkler alarm bells either mechanical or electrical which are utilized to indicate a water flow. § 69-5 Alarm System Regulations and Maintenance [Amended: ATM 5-6-92,Article 35] 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, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date. 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 M.G.L. , Section 32 of Chapter 268, (Tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or 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 Bylaw. 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 arrive 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 clearly visible as per existing Town Bylaw prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town Bylaw, Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests [Amended: ATM 5-6-92,Article 35] No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission form the Fire Chief or his designee. An alarm transmitted when such work is 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 [Amended ATM 5-6-92,Article 35] Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. A. Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: False Alarm & Emergency Medical Systems False Alarm Assessment 1 through 3 None 4 through 5 $200.00 each 6 or more $500.00 each The Fire Chief shall have the authority to waive any assessment if in his judgment extenuating circumstances justify such a waiver. After a third false alarm within twelve (12) months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of this first false alarm, 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) credit against any assessments. 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 be discounted 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 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 one thousand dollars ($1,000)in accordance with M.G.L. Section 32 of Chapter 268. § 69-7.1 Connection Fees [Amended: ATM 5-6-92,Article 35] Each alarm user shall on or before October 1 st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES $200.00/alarm box DIGITAL ALARMS $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. Exemptions: Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 § 69-7.2 Violations [Amended: ATM 5-6-92, Article 35][Amended- Replaced in its entirety by Article 22 May 12, 1998 Annual Town Meeting—Approved by Attorney General October 20,1998] Failure to comply with any of the requirements of Section 69-2 through 69-4 may be punishable under the provisions of Chapter 106 of the Town Code by the Non- Criminal Disposition of Violations method prescribed in Chapter 40, §21D. § 69-7.3 Appeals [Amended ATM 5-6-92,Article 35] Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. § 69-7.4 Fees, Fines and Assessments [Amended ATM 5-6-92,Article 35] The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. § 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. 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 [Added 5-4-87 ATM,Article 40] 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. ARTICLE II Burglar Alarm Systems [HISTORY:Adopted: Special Town Meeting October 27,1983,Article 5] § 69-9 Definitions; Word Usage § 69-10 Automatic Dialing Devices § 69-11 Direct Connections to Police Department § 69-12 Miscellaneous Requirements § 69-13 False Alarms § 69-14 Violations and Penalties § 69-15 Severability § 69-9 Definitions; Word Usage A. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future. The word "shall" is always mandatory and not merely directory. B. As used in this Article, the following terms shall have the meanings indicated: ALARM CONSOLE - The instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, indicates activation of an alarm system at a particular location, or which indicates line trouble. ALARM SYSTEM - An assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a one hundred ten (110) volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond, Fire alarm systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises, or an attempted robbery at a premises, are specifically excluded from the provisions of this section. ALARM USER or USER - Any person on whose premises an alarm system is maintained within the town except for alarm systems on motor vehicles or proprietary systems. Excluded from this definition and from the coverage of this section are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of"alarm system" as that term is used in this section, and shall be subject to this section. AUTOMATIC DIALING DEVICE - An alarm system which automatically sends over regular telephone lines by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. CENTRAL STATION - An office to which remote alarm and supervisory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals, DIRECT CONNECT - An alarm system which has the capability of transmitting system signals to and receiving them at the Police Department alarm console. FALSE ALARM - 1. The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents. 2. Any signal or oral communication transmitted to the Police Department requesting or requiring or resulting in a response on the part of the Police Department which in fact there has been no unauthorized intrusion or attempted unauthorized intrusion into a premises and no attempted robbery or burglary at a premises. Excluded from this definition are activation's of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes and similar conditions. INTERCONNECT - To connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system. POLICE CHIEF - The Chief of Police of the town or his designated representative. POLICE or POLICE DEPARTMENT - The Town Police Department or any authorized agent thereof. PUBLIC NUISANCE - Anything which annoys, injuries or endangers the comfort, repose, health or safety of a considerable number of persons or of any community or neighborhood. § 69-10 Automatic Dialing Devices A. The Police Chief may promulgate such rules as may be necessary for the implementation of this section. B. Automatic dialing devices (interconnection to Police Department): By August 1, 1983, all dialers shall be reprogrammed to interconnect to the alarm console at the police station. C. Intermediary services: Any persons using an automatic dialing device may have the device interconnected to a telephone line transmitting directly to: 1. A central station 2. An answering service. 3. Any privately owned or privately operated facility or terminal. § 69-11 Direct Connections to Police Department. A. Alarm systems may be connected to the alarm console in the Police Department. B. Services shall be set forth in the form of a written contract between the alarm company and each user. The provisions of this subsection relate solely to the aforementioned alarm console, connections to said console by alarm users, and fees and charges related to the installation and maintenance of the console. Any alarm user may contract with any alarm company of his choice for the sale, installation, maintenance and/or servicing of the alarm system to be installed on his premises. C. The alarm user or the alarm business contracting for servicing the alarm user's alarm system shall be responsible for obtaining the leased telephone line between the alarm user's premises and the alarm receiving equipment at the Police Department and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the alarm console. D. The provisions of Section 69-13 concerning false alarms shall apply to all alarm users or person having direct connect systems, except municipal, county and state agencies. § 69-12 Miscellaneous Requirements. A. Every alarm user shall submit to the Police Chief the names and telephone lines of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed. B. All alarm systems directly connected to the police station shall be equipped with a device which will give a ten-second delay or longer prior to alarm system activation in order to warn the alarm user of an open alarm circuit. C. All alarm systems installed after May 1, 1983, which use an audible horn or bell shall be equipped with a device that will sound minutes after activation of the alarm system. D. Any alarm system emitting a continuous and uninterrupted signal for more than twenty (20) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or other persons designated by him under Subsection A of this section, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Chief shall endeavor to contact the alarm user or members of the alarm user's family or those persons designated by the alarm user under Subsection A of this section in an effort to abate the nuisance, The Police Chief shall cause to be recorded the names and addresses of all complaints and the time that each complaint was made. In the event that the Police Chief is unable to contact the alarm user, or members of the alarm user's family or other persons designated by the alarm user under Subsection A of this section, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the Police Chief is otherwise unable to abate the nuisance he may direct a police officer or a fire fighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance. If entry upon property outside the home or building in which the alarm system is located is made in accordance with this section, the person so entering upon such property shall not conduct, engage in or undertake any search, seizure, inspection or investigation while he is upon the property; shall not cause any unnecessary damage to the alarm system or to any part of the home or building; and shall leave the property immediately after the audible signal has ceased. After entry upon property has been made in accordance with this section, the Police Chief shall have the property secured, if necessary. The reasonable costs and expenses of abating a nuisance in accordance with this section shall be assessed to the alarm user, said assessment not to exceed fifty dollars ($50). Within ten (10) days after abatement of a nuisance in accordance with this section, the alarm user may request a hearing before the Board of Selectmen and may present evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of the abatement; that unnecessary damage was caused to his property in the course of the abatement; that the costs of the abatement should not be assessed to him or that the requirements of this section were not fulfilled. The Board shall hear all interested parties and may, in its discretion, reimburse the alarm user for the repairs to his property necessitated by the abatement, or excuse the alarm user from paying the costs of the abatement. E. Testing of equipment. 1. No alarm system designed to transmit emergency messages directly to the Police Department shall be worked on, tested or demonstrated without obtaining permission from the Police Chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department. An unauthorized test constitutes a false alarm. 2. Any repair or test of private equipment that requires over twenty (20) minutes to complete will require that an employee of the company doing the repair, be in the North Andover Police Station to reset the alarm until such time as the alarm is repaired or disconnected. § 69-13 False Alarms. A. When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under Subsection B, C and D of this section, and, when so required by the terms of the aforementioned subsections, order that use of an alarm system be disconnected. B. After the Police Department has recorded three (3) separate false alarms within the calendar year from an alarm system, the Police Chief shall notify the alarm user, in person, by telephone or by mail, of such fact and require said user to submit, within fifteen (15) days after receipt of such notice, a report describing efforts to discover and eliminate the cause or causes of the false alarms. If said user, on the basis of absence from the city or on any other reasonable basis, requests an extension of time for filing the report, the Police Chief may extend the fifteen-day period for a reasonable period. If said user fails to submit such a report within fifteen (15) days or within any such extended period, the Police Chief shall order that use of the alarm system be disconnected. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the Police Chief s order. C. In the event that the Police Department records five (5) false alarms within the calendar year from an alarm system, the Police Chief shall order that the user of the alarm system discontinue the use of the alarm system for the calendar year, but for not less than six (6) months from the date the alarm was disconnected. In the event that the Police Department records eight (8) false alarms within the calendar year from an alarm system, the Police Chief shall order that the user of the alarm system discontinue use of the alarm system for the calendar year, but for not less than six (6) months from the date the alarm was disconnected. D. Any user of an alarm system which transmits false alarms shall be assessed a fine of twenty-five dollars ($25) for each false alarm in excess of three (3) occurring within the calendar year. All fines assessed hereunder shall be paid to the Town Treasurer for deposit in the general fund. Upon failure of the user of an alarm system to pay two (2) consecutive fines assessed hereunder within sixty (60) days of assessment, the Police Chief shall order that the user discontinue use of the alarm system. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the Police Chief s order. E. Any user of an alarm system who has, in accordance with this section, been ordered by the Police Chief to discontinue use of an alarm system may appeal the order of discontinuance to the Board of Selectmen. Notice of an appeal shall be filed with the Clerk of the Board of Selectmen within ten (10) days of the date of the order of discontinuance. Thereafter, the Board shall consider the merits of the appeal, and in connection herewith shall hear evidence presented by all interested persons. After hearing such evidence, the Board may affirm, vacate or modify the order of discontinuance. § 69-14 Violations and Penalties. A. The following acts and omissions shall constitute violations of this section punishable by a fine of fifty dollars ($50): 1. Failure to obey an order of the Police Chief to discontinue use of an alarm system, after exhaustion of the right of appeal. 2. Failure to disconnect an automatic dialing device from any telephone numbers at the Police Department within six (6) months after the effective date of this Article. 3. Interconnection of an automatic dialing device to any telephone numbers at the Police Department after the effective date of this Article. 4. Failure to pay two (2) or more consecutive fines assessed under this section within sixty (60) days from the date of assessment. 5. Failure to comply with the requirement of Section 69-13 of this Article. B. Each day during which aforesaid violations continue shall constitute a separate offense. § 69-15 Severability. The invalidity of any part or parts of this Article shall not affect the validity of the remaining parts.