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HomeMy WebLinkAbout2012-ATM-CV-ARTICLE 7-AMEND CHAPTER 69-7.1 FIRE ALARMS CONNECTION FEE OF NORT1l q `At�EO ,a .yo °RAre•W°ayg9 9SSACHUSEt 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 vote was taken on Article 7 at the Dissolved Annual Town Meeting for the Town of North Andover held June 12, 2012: Article 7. Amend Chapter 69-7.1- Fire Alarms -Connection Fee of the General Bylaws. To see if the Town will vote to amend Chapter 69 Section 7.1 by deleting the language shown as stricken: Chapter 69 Section 7.1 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. These pfopefties that eenveft to a Fadie eentfol Mastef Box that is eempatible with the Nefth Andevef Fife Depaftfne-+ feeeivef shall no ongef be billed=aiicrci the Nett' n,,,aeve f Fife r,epaFtment. 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. 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. Chapter 69 Section 7.1 as amended to read: 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. In accordance with the Town by-law the Board of Selectmen can establish fees, at any time, which reflect the costs of service provided. 1 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.; 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 Zoning Bylaws of the Town of North Andover. Chapter 69 As Amended By Article 7 to read as follows: Chapter 69 ALARM SYSTEMS [HISTORY: Adopted by the Town of North Andover; Art L• April 23, 1983, Annual Town Meeting, Article 35; Art IL• October 27,1983 Special Town Meeting, Article 5. [Amended: Annual Town Meeting June 6, 2006, Chapter 69-7.1, Article 10; Approved by Attorney General October 16, 2006] Amendments noted where applicable.][Amended: Annual Town Meeting May 21, 2007,Article48; Approved by Attorney General October 7, 2007][ [Section 69-2 amended June 7, 2011 as Article 37-Approved by Attorney General October 3,2011-Posted November 10, 2011] ARTICLE I Fire Detection and Alarm Systems § 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 § 69-8 Forcible Entry of Unoccupied Premises § 69-8.1 Secured Key Access § 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. 2 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 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. (Section 69-2 amended June 7, 2011 as Article 37-Approved by Attorney General October 3,2011-Posted November 10, 2011) 3 § 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. § 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 users 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. E. 4 § 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 FALSE ALARM ASSESSMENT I 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. 5 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 the fee once the radio box is properly installed and functioning as approved by the North Andover Fire Department. 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 than $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 either or both Sections 69-7 or 69-7.1 of these regulations 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. § 69-8 Forcible Entry of Unoccupied Premises 6 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 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. Fire Chief Board of Selectmen Recommendation: Favorable Action Vote Required: Majority Vote VOTED JUNE 12, 2012 7