[HISTORY: Adopted by the Town Meeting of
the Town of North Reading as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-3-1988 OTM by Art. 7, approved 11-7-1988]
The following rules and regulations shall apply
to the installation, operation, and maintenance of fire and/or medical
aid alarm systems.
Fire and/or medical aid alarm systems shall
include systems connected to fire headquarters by the municipal fire
alarm circuit, direct wire, or on a telephone dial-up basis and systems
which use exterior audible signals at the alarm location.
Massachusetts General Laws Chapter 148, Sections
26A to 26H require the installation of alarm systems in certain buildings
and place responsibility for the enforcement of these provisions with
the Fire Chief. This by-law is adopted to establish uniform rules
and regulations and to implement a schedule of fees for the installation,
operation, and maintenance of said alarm systems.
A.
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.
B.
No alarm system or equipment shall be connected to
the Fire Department Dispatch Center without prior written approval
of the Fire Chief. This approval requirement shall include municipal
connection, direct wire, and dial-up services.
C.
The only types of systems which will be allowed to
connect to the Fire Department Dispatch Center will be systems which
utilize telephone dialers equipped with digital transmitters or connection
via the municipal fire alarm circuits, or such other types deemed
compatible with the Fire Department Dispatch Center alarm console.
(1)
Existing telephone dialers using voice-type tape recorders, which are not compatible with the alarm console, may continue to use the special alarm number set up only for this purpose for a period not exceeding one (1) year from the effective date of this by-law. No equipment as described in this Subsection C(1) shall use the primary fire reporting telephone number. New applicants for voice-type tape systems will not be approved.
D.
Actual connection to the Fire Department's alarm console
will be made by the Town's designated alarm contractor or Fire Alarm
Division personnel. Alarm users will be required to pay the alarm
contractor for this service as set forth in a contract between the
contractor and the alarm user.
E.
Fire alarm users shall, on or before July 1st of each
year, remit to the Town Treasurer a connection fee which shall be
in accordance with the Fire Department's fee schedule as established
under authority of MGL c. 40, § 22F for each master box
connection to the North Reading Fire Department receiving equipment.
[Added 10-1-1990 OTM by Art. 12, approved 12-18-1990; amended 4-7-2003 ATM by Art.
8, approved 4-25-2003; 6-6-2022 ATM by Art. 25, approved 9-23-2022]
F.
The Town accepts no liability whatsoever for conditions
which prevent proper reception of signals from the user's premises.
A.
Each alarm user shall submit to the Fire Chief the
names, addresses, and telephone numbers of three (3) persons who can
be reached at any time, day or night, who are authorized to gain access
to the protected premises for the purposes of silencing and resetting
the alarm system. It shall be the alarm user's responsibility to keep
this information up-to-date. Each control panel shall have located
inside its door the above information and also the name of the company
and phone numbers of the company which currently services the system.
B.
Written instructions for resetting the control panel
shall be clearly visible on the control panel. Permission to attempt
a system reset must be on file with the Fire Department if user wishes
the Fire Department to reset control unit. If after three (3) attempts
a system will not reset the zone or if necessary, the system shall
be left not restored. In this event attempts shall be made to contact
the parties from data given by the user. The Town assumes no liability
for the inability to contact listed persons.
C.
This regulation shall apply to all alarm systems,
i.e., those connected to the Fire Department Dispatch Center and those
equipped with exterior audible signal devices.
(1)
Any building other than a residential building of
less than six (6) units which has a fire alarm system or other fire
protection system 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 Fire Department and shall be located
and installed as approved by the Chief.
(2)
All premises shall have their legal street number
clearly visible as per existing Town by-law prior to connection of
alarm to the Fire Department Dispatch Center.
D.
All alarm users must notify the Dispatch Center in
advance of any testing of equipment. Failure to do so may constitute
a false alarm and therefore be subject to fee assessment.
E.
Any direct wire user who has multiple purpose alarms
i.e., fire or medical aid or any combination thereof, must provide
for individual multiple alarm connections to the Fire Department Dispatch
Center as required.
F.
False alarms.
(1)
Alarm systems which generate false alarms in any twelve
(12) month period shall be subject to assessment as follows: (12 month
period is a fiscal year - July 1 to June 30)
|
Fire Alarm and Emergency Medical Systems
| ||
|---|---|---|
|
Step 1
|
1 thru 3
|
None
|
|
Step 2
|
4 thru 5
|
$150 each
|
|
Step 3
|
6 or more
|
$300 each
|
(2)
(2) Definition of false alarm - The activation of
an alarm system due to mechanical failure, malfunctioning equipment,
improper installation, or negligence of the user of the alarm system
or his employees or agents. Excluded from this definition are activations
of alarm systems caused by utility company power outages, communication
receiving equipment problems at Fire Headquarters, or other acts of
nature beyond the control of the alarm user. False alarms shall include,
but not be limited to, the following situations:
(a)
The continued activations of alarms resulting
from any condition where no effective effort is made to correct the
condition;
(b)
Detection devices reacting to a condition such
as smoke, steam, etc., where such occurrences are continuous with
no corrective action taken; and
(c)
Detection devices reacting to a condition such
as dirt, dust, or any other debris or material resulting from the
failure of the owner to properly maintain and clean the system.
(3)
The obligations of owners for the proper maintenance
of their systems shall be as set forth in 527 CMR 24.08, which is
incorporated herein by reference.
G.
Alarm users who cannot produce a valid service agreement
for the protected property shall pay an additional fifty ($50) dollars
fee per step. It is the intent of this section to have systems maintained
on a regular basis annually.
(1)
False alarms caused by faulty telephone service, electrical
storms, or power outages will be excluded from assessment. False alarms
received during the first thirty (30) days of connection shall be
discounted, provided no malicious intent has occurred and every attempt
has been made to rectify new installation defects.
(2)
Determination that a false alarm has been transmitted
will be the responsibility of the Fire Chief or his duly appointed
duty officer. Malicious false alarms shall be excluded, provided the
alarm systems owner actively discourages these types of alarms through
education and installation of deterrent devices specifically designed
for these purposes as requested by the Fire Chief.
(3)
Payments of assessment will be to the Town Treasurer.
(4)
Upon failure of an alarm user to pay two (2) consecutive
fees assessed within sixty (60) days of the assessment, the Fire Chief
shall order the alarm user to discontinue the use of the alarm system
for not more than six (6) months. Recovery of funds through court
proceedings.
(5)
Town, county, and state agencies are exempt from the
provisions of the assessment schedule.
[Amended 10-2-1989 ATM by Art. 9, approved 12-7-1989]
The following acts and omissions shall constitute
a violation of these regulations and shall be punishable as follows:
by a fine of not less than fifty ($50) dollars for the first offense,
one hundred ($100) dollars for the second offense, and two hundred
($200) dollars for the third and subsequent offenses.
A.
Failure to follow a written order issued by the Fire
Chief to disconnect a fire alarm system from the municipal box or
to disable telephone dialer arranged to dial the digital alarm console
or the special alarm telephone numbers.
B.
Provision after the effective date of these regulations
of a telephone dialing device arranged to dial a Fire Department Dispatch
Center number.
C.
Failure to disconnect, after notification, an unauthorized
telephone dialing device arranged to dial the Fire Dispatch Center
number.
D.
Failure to pay two (2) or more consecutive fees assessed under § 11-5F of these regulations within sixty (60) days from the date of the second assessment.
F.
Continued transmission of false alarms caused by the
user's negligence or system malfunctions on the user premises which
is under the user's control and where no effective effort is made
to correct the condition.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
An alarm user wishing to appeal a decision of the Fire Chief pursuant to § 11-5F of these regulations may, within fifteen (15) calendar days of the fee assessment, request in writing a hearing with the Select Board.
[Adopted 4-24-1989 ATM by Art. 25, approved 6-20-1989]
The following rules and regulations shall apply
to the installation, operation, and maintenance of alarm systems calling
for a Police Department response.
It has been determined that the number of false
alarms being made to the Police Department hinders the efficiency
of said Department, lowers the morale of Department personnel, constitutes
a danger to the general public in the streets during responses to
false alarms, and jeopardizes the response of volunteers, and that
the adoption of this by-law will reduce the number of false alarms
and promote the responsible use of alarm devices within the Town of
North Reading.
For the purposes of these rules and regulations,
the words and phrases used herein shall have the following meaning
except in those instances where the context clearly indicates a different
meaning. The word "shall" is always mandatory and not merely directory.
Any device which, when activated by a criminal
act, fire, or other emergency calling for Police Department response:
Excluded from this definition and the scope
of this by-law are devices which are designated to alert or signal
only employees within the premises in which the device is installed.
The term alarm user or user means any person on whose premises
the 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 devices to alert or signal persons within
the premises in which the alarm device 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 a
beacon designed to signal persons outside the premises, such system
shall be within the definition of alarm device as that term is used
in this section and shall be subject to this by-law.
The term automatic dialing device refers to 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.
The term central station means 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.
The term Chief of Police means the Chief of Police of the
Town of North Reading or his designated representative.
The term communications console means the instrumentation
on an alarm console at the receiving terminal of a signal line which,
through either visual or audible signals, indicates activation of
an alarm system at a particular location or which indicates line trouble.
The term direct connect means an alarm system which has the
capability of transmitting system signals to and receiving them at
the North Reading Police Department.
Disturbance of the peace shall mean any interruption of the
peace, quiet, and good order of a neighborhood or community, particularly
by unnecessary and distracting noises.
The term false alarm means:
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;
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 when, in fact, there
has been no unauthorized intrusion or attempted unauthorized intrusion
into a premises and no robbery or attempted robbery or burglary or
attempted burglary at a premises.
Excluded from this definition are activations
of alarm systems caused by utility company power outages, communications
console problems, electrical storms, or other acts of nature beyond
the control of the alarm user.
The term interconnect means to connect an alarm system to
a regular 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.
The terms police or Police Department shall mean the Town
of North Reading Police Department or any authorized agent thereof.
A.
The Chief of Police may promulgate such rules as may
be necessary for the implementation of this by-law.
B.
Alarms signaling the presence of medical emergencies
may, with the prior written approval of the Chief of Police, be connected
to the alarm console or received over the special telephone lines
provided by the alarm console contractor.
C.
Fire and/or smoke alarm systems, after sending the
initial call directly to the fire station, may, with the prior written
approval of the Chief of Police, send a backup call to the Police
Station over the special telephone lines provided by the alarm console
contractor.
A.
Alarm systems may be connected to the communications
console in the Police Department in compliance with the following:
(1)
Prospective alarm users who want to connect an alarm
system to the North Reading Station shall apply in writing to the
Chief of Police for such permission.
(2)
At such times as these rules and regulations become
effective, alarm users who wish to continue the connection of their
alarm systems to the North Reading Police Station shall apply in writing
to the Police Department for such permission within three (3) months
after such effective date.
(3)
New owners or occupants of premises having alarm systems
connected to the North Reading Police Station and who wish to continue
the connection shall apply in writing to the Police Department for
such permission within one (1) month of taking ownership or occupancy.
(4)
The Chief of Police may deny an application to connect
an alarm system to the North Reading Police Station for the following
reasons:
(5)
The following information shall be provided to the
Police Department regarding each alarm system connected to the Police
Station:
(a)
Name, address, and telephone number of the applicant
alarm user;
(b)
Type of alarm system;
(c)
Names, addresses, and telephone numbers (home
and business) of at least three (3) persons who can be reached any
time, day or night, and who are able to enter the premises where the
alarm is located, either to turn off the alarm or reset it; and
(d)
Name, address, and telephone number of the installing
alarm company.
(6)
Alarm systems may be connected to the North Reading
Police Station in one of the following ways:
B.
The alarm user or his alarm company representative
must arrange for the necessary tie in arrangements directly with the
contractor who is responsible for the privately owned console and
special telephone lines in the Police Station.
C.
All fees and charges related to services rendered
to users by alarm companies or the police console contractor shall
be set forth in the form of a written agreement between the alarm
user and the parties providing the service. All such fees and charges
shall be without cost to the Town of North Reading.
D.
Any alarm user may contract with any alarm company
of his or her choice for the sale, installation, and/or servicing
of the alarm system to be installed on his or her premises.
E.
No alarm system designed to transmit emergency messages
directly to the Police Department shall be worked on, tested, or demonstrated
without obtaining the permission of the Chief of Police. An unauthorized
test constitutes a false alarm.
(1)
Any repair or test of private alarm systems that requires
over twenty minutes to complete will require an employee of the company
performing the repair or test to be in the North Reading Police Station
to reset the alarm until such time as the alarm is repaired or disconnected.
F.
Tests of any system may be conducted with the express
permission of the Chief of Police or his designated representative
having first been applied for and received.
G.
The provisions of this by-law concerning false alarms
shall apply to all alarm users or persons having direct connect systems,
except municipal or other governmental agencies.
A.
No automatic dialing devices shall be connected to
the Police Department telephone lines after the effective date of
this by-law.
B.
Within three (3) months of the effective date of this
by-law all automatic dialing devices now interconnected to any Police
Department telephone lines shall be disconnected therefrom. The user
of each such device shall be responsible for having the device disconnected
upon notification by the Chief of Police.
A.
Persons authorized to respond to alarms; required
equipment; complaints.
(1)
Every alarm user shall submit to the Chief of Police
the names, addresses, and telephone numbers of at least three (3)
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 system is
installed.
(2)
All new or upgraded alarm systems shall be equipped
with a device which will give at least a ten-second audible signal
prior to alarm system activation in order to warn the alarm user of
an open alarm circuit.
(3)
Within six (6) months from the effective date of these
rules and regulations, all alarm systems which use an audible horn
or bell shall be equipped with a device which will shut off such horn
or bell ten (10) minutes after activation of the alarm system.
(4)
All alarm systems installed after the effective date
of these rules and regulations which use an audible horn or bell shall
be equipped with a device that will shut off such horn or bell within
ten (10) minutes after activation of the alarm system.
(5)
Any alarm system emitting a continuous uninterrupted signal for more than thirty (30) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under Subsection A(1) of this section and which interrupts the peace, comfort, or repose of a neighborhood or of inhabitants of the area where the alarm system is located shall constitute a disturbance of the peace. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Chief of Police 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(1) of this section in an effort to abate the disturbance. The Chief of Police shall cause to be recorded the names, addresses, and telephone numbers of all complainants, and the time and date each complaint was made.
B.
Action to abate disturbance; hearing.
(1)
In the event that the Chief of Police is unable to contact the alarm user or members of the alarm user's family or those persons designated by the alarm user under Subsection A(1) 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 Chief of Police is otherwise unable to abate the disturbance, he may direct a police officer 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 disturbance.
(2)
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 entering upon such property:
(a)
Shall not conduct, engage in, or undertake any
search, seizure, inspection, or investigation while he or she is upon
the property;
(b)
Shall not cause any unnecessary damage to the
alarm system or to any part of the home or building;
(c)
Shall leave the property immediately after the
audible signal has ceased.
(3)
After an entry has been made in accordance with this
section, the Chief of Police shall have the property secured, if necessary,
and a report of the action taken recorded. The reasonable costs and
expenses of abating the disturbance in accordance with this section
may be assessed to the alarm user, said assessment not to exceed one
hundred ($100) dollars.
(4)
Within ten (10) days after abatement of a disturbance
in accordance with this section, the alarm user may request a hearing
before the Select Board of North Reading and may present evidence
showing that the signal emitted by his or her alarm system did not
constitute a disturbance of the peace at the time of the abatement;
that unnecessary damage was caused to his or her property in the course
of the abatement; that the costs of the abatement should not be assessed
to him or her; or that the requirements of this section were not fulfilled.
The Select 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.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
A.
After the Police Department has recorded three (3)
separate false alarms within a twelve (12) month period from an alarm
system, the Chief of Police shall notify the alarm user, in writing
and by certified 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, because of absence from the Town or on any other
reasonable basis, requests an extension of time for filing the report,
the Chief of Police may extend the fifteen (15) day period for a reasonable
period. If said user fails to submit such a report within fifteen
(15) days or within such extended period, the Chief of Police shall
order that use of the alarm system be discontinued. Any such discontinuance
shall be effectuated within fifteen (15) days from the date of receipt
of the Chief of Police's order.
B.
In the event that the Chief of Police determines that a report submitted in accordance with Subsection A of this section is unsatisfactory or that the alarm user has failed to show by the report that he or she has taken or will take reasonable steps to eliminate or reduce false alarms, then the Chief of Police shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within fifteen (15) days from the date of receipt of the Chief of Police's order.
C.
Any user of an alarm system which transmits repeated
false alarm signals, whether or not because of the fault of the user,
shall be responsible for the expense sustained by the Town, and specifically
its safety departments, in responding to such alarm and/or taking
the steps necessary to ascertain the nature of the alarm and temporarily
to correct the situation. For each false alarm in excess of three
(3) occurring within a twelve (12) month period, from midnight on
the date of the first alarm, the user shall be responsible to pay
the Town the sum of fifty ($50) dollars, which amount has been determined
to be a reasonable assessment for dealing with a false alarm. The
cost amount so assessed shall be subject to change by the Chief of
Police, with Select Board approval, depending on an increase or decrease
in the constituent expenses upon which the assessment is based.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
D.
All assessments hereunder shall be made payable to
the Town Treasurer for deposit in the General Fund.
E.
Upon failure of the user of an alarm system to pay
two (2) consecutive assessments hereunder within sixty (60) days of
each assessment, notice of which has been given by first class mail
to the user's last known address, the Chief of Police 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 Chief of Police's order, which shall be given by delivery in
hand or certified mail.
F.
Any user of an alarm system who has, in accordance
with this section, been ordered by the Chief of Police to discontinue
use of an alarm system may appeal the order of discontinuance to the
Select Board. Notice of an appeal shall be filed with the Board within
fifteen (15) days of the date of the order of discontinuance. Thereafter,
the Select Board shall consider the merits of the appeal and, in connection
therewith, shall hear evidence presented by all interested persons.
After hearing such evidence the Select Board may affirm, vacate, or
modify the order of discontinuance.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
Violations of these rules and regulations shall
constitute violations of the by-laws of the Town of North Reading
and shall be punishable by a fine of up to fifty ($50) dollars. Each
day during which the aforesaid violations continue shall constitute
a separate offense.
