[HISTORY: Adopted by the Annual Town Meeting of the Town
of Ashland 10-19-2005, Art. 8.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch.
77, Alarm Systems, which consisted of the following: Art. I, Fire
Alarms, adopted May 1993 STM, as amended; Art. II, Burglar Alarms,
adopted May 1993 STM; and Art. III, Violations and Penalties, adopted
10-18-2000 ATM, Art. 20.
AUTHORITY HAVING JURISDICTION (AHJ) — The Fire
Chief and/or his designee
A company equipped to receive a fire alarm signal from each
of its customers and which then transmits to the Ashland Fire Department
(AFD) the location of any such alarm the central station operating
company receives.
A device capable of sending a signal by way of phone or radio
to the Central Station operating Company
Any building other than a low-rise residential as defined
in 780 CMR
Any heat-activated, smoke-activated, flame-energy-activated
or other such automatic device capable of transmitting a fire alarm
signal.
The transmittal of a fire alarm to a central station operating
company which alarm is caused by improper installation of a fire alarm
system, a mechanically defective fire alarm system, lack of maintenance
or some other reason that causes a fire alarm to sound even though
there is not an actual fire or situation that reasonably could evolve
into a fire.
An individual or entity who owns the title to, and/or has
on his business premises or Commercial Building, or uses a fire alarm
system equipped to send a fire alarm signal to a central station operating
company or directly to the AFD by way of a wire master box or radio
transmitted master box.
The Chief of the Ashland Fire Department
Residential occupancy buildings (R-2, R-3, R-4 or R-5 as
defined in 780 CMR) three stories or less in height
An individual or entity who has on his business premises,
or who uses, a fire alarm system equipped to send a fire alarm signal
directly to the AFD (radio or hard wire) by way of a master box.
As of July 1, 2006 all Master Boxes shall be removed from the
Town of Ashland and shall be replaced with Central Station.
As of July 1, 2006 and there after all commercial buildings
in the Town of Ashland shall have a fire alarm system approved by
the Ashland Fire Department and shall be connected by way of central
station.
As of July 1, 2006 all commercial buildings in The Town of Ashland
that have a Fire Alarm Systems shall comply with 527 CMR 1.06-2 and
24.08. That Fire Alarm System owner's shows proof of data that
their Fire Alarm System has been tested annually to 100% in accordance
with 527 CMR 24.00 M.G.L 148 and NFPA-72.
As of July 1, 2006 any person or company hired to install, work
on, make repairs to or test a Fire Alarm System, Sprinkler system
and/or Central station system on a commercial buildings shall first
secure an approval permit by Authority Having Jurisdiction (AHJ) in
accordance with M.G.L 148, M.G.L 268 s32, 527 CMR 1.00, 24.00 and
NFPA-72.
Failure to test Fire Alarm, Sprinkler and/or Fire protection
systems on commercial buildings annually or in accordance with NFPA
standards shall result in a fine of $50.00 per day after the annual
expiration date.
As of July 1, 2006 for all commercial buildings, as condition
of occupancy, resale of, in the Town of Ashland; a Fire Alarm System
shall be installed with Central Station connection and annual testing
as stated in ss 77-4 and 77-5
Central Station Company shall be certified and listed with Underwriters
Laboratories (U.L.) and/or with Factory Mutual (FM). All equipment
and operations of said central station company shall be in accordance
with NFPA-72, 527 CMR 24.00, and M.G.L 148 and at the discretion of
the Authority Having Jurisdiction (AHJ).
Before any central station operating company is connected to
a commercial building located in the Town of Ashland the Ashland Fire
Department shall be furnished with the following information.
1.
The name, address, telephone numbers of the central station company.
2.
The name, address, telephone numbers of a Fire Alarm Company providing
24hr emergency service and able to respond within two (2) hours to
repair or service said equipment and/or central station equipment.
3.
A signed maintenance contract with proof of a 100% Fire Alarm System
test in accordance with 527 CMR 24.00 and NFPA-72
All Fire Alarm system owners of commercial buildings shall be
responsible for updating the information herein required to be provided
to the Authority Having Jurisdiction (AHJ). If a fire alarm owner
fails to comply with this section, the Authority Having Jurisdiction
(AHJ) shall assess a fine of fifty dollars ($50.).
If there is a fire alarm system malfunction, as defined herein,
the Authority Having Jurisdiction (AHJ) may assess a fine against
the fire alarm system owner commercial or residential for each malfunction
per calendar year according to the following schedule:
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First and second malfunction: no charge. Upon receiving of the
second false alarm by the Fire Department, the Authority Having Jurisdiction
(AHJ) shall inform the owner of the building, in writing and by certified
mail, of the Department's policy with regard to charging for
false alarms.
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Third and each successive malfunction: three hundred dollars
($300).
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Any false fire alarm which is the result of the failure of the
property owner, occupant or his agents to notify the Ashland Fire
Department of repair, maintenance or testing of the internal fire
alarm system within the protected premises shall cause a penalty to
be assessed in accordance with this section.
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For the purpose of this regulation, a "false fire alarm" shall
be defined as follows:
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1.
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The operation of a faulty smoke- or heat-detection device.
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2.
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A faulty control panel or associated equipment
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3.
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A water pressure surge in automatic sprinkler equipment
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4.
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Accidental operation of an automatic sprinkler system
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5.
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An action of an employee of the owner or occupant of the protected
premises or a contractor employed by the owner or the occupant causing
accidental activation of the internal fire alarm system.
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Property owners shall be billed once a month for the previous
month's malfunction activity. All fines assessed shall be paid
to The Town of Ashland Fire Department.
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If the bill is not paid within thirty (30) days, a second notice
will be sent. If the bill is not paid after another period of thirty
(30) days, a final notice will be sent informing the owner and/or
occupant that a order of notice shall be delivered to cease and desist
all operations.
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Any fire alarm system owner who is aggrieved by an action taken
by the Authority Having Jurisdiction (AHJ) under this Article may,
within ten (10) days of such action, file an appeal, in writing, with
the Town Manager of the Town of Ashland (the "Manager"). After notice,
the Manager, or his/her designee, shall hold a hearing and shall issue
a decision in which he affirms, annuls or modifies the action taken
by the Authority Having Jurisdiction (AHJ), giving reasons therefore.
The Manager shall send the decision to the owner by first class
mail within ten (10) days after the hearing. The decision of the Manager,
or his/her designee, shall be the final administrative decision. The
owner shall have thirty (30) days from the date of the written decision
to seek judicial review in the Middlesex County Superior Court
The Authority Having Jurisdiction (AHJ) may promulgate such
regulations as may be necessary to implement this Article. The Authority
Having Jurisdiction (AHJ) is authorized to pursue such legal action
as may be necessary to enforce this Article.
All fines and permit fees assessed herein shall be payable to
The Town of Ashland Fire Department.
The provisions of this Article shall be deemed to be severable,
and if any of these provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions.
No fire alarm system shall be equipped with tape dialer or similar
automatic telephone device which will transmit an alarm message to
any telephone line of the Ashland Fire Department. If, at the passage
of this Article, a fire alarm system is equipped with such a tape
dialer or similar automatic telephone device, the fire alarm system
owner shall have sixty (60) days from the passage of this Article
to disconnect such tape dialer or similar automatic telephone device.
If a fire alarm system owner fails to comply with this section, the
Authority Having Jurisdiction (AHJ) may assess a fine of fifty dollars
($50.).
[Added 5-2-2007 ATM, Art. 20]
If a burglar alarm in any commercial, industrial or residential
structure is falsely activated more than three (3) times in a calendar
year, the owner, lessee or individual in charge of that structure
shall be liable for a fine of $50.00 for the fourth false alarm, and
$100.00 for the fifth and subsequent false alarms.
Failure to pay the fee within 30 days will result in court action
for violation of a town bylaw until the fee is paid.
[Added 5-2-2007 ATM, Art. 20]
All alarm systems that emit an audible signal on the exterior
of a building shall be equipped with a device for limiting the length
of the audible signal to 15 minutes. Any user of an alarm system that
either does not have such a device or has a malfunction that allows
the audible signal to continue for more than 15 minutes shall, after
the police department has recorded three separate violations, be assessed
for the fourth and subsequent violations a fee of $50. Failure to
pay such fee within 30 days will result in court action for violation
of a Town bylaw until the fee is paid.
[Added 5-2-2007 ATM, Art. 20]
All federal, state and municipal buildings and property shall
be exempt from the provisions of this bylaw.
