The Town of Townsend By-laws are hereby amended by adding the
following By-law to be entitled "Automatic Fire Alarm Systems."
When used in this by-law, unless a contrary intention clearly
appears, the following words shall have the following meanings:
ALARM SYSTEM MALFUNCTION
The transmittal of an alarm signal to the TFED by way of
a municipal master fire alarm box, through a central operating system,
or by other automatic means, which alarm signal is caused by improper
installation of an alarm system, a mechanically defective alarm system,
lack of maintenance or some other reason that causes a fire alarm
to sound even though there is no actual fire or situation that could
reasonably evolve into a fire.
ALARM SYSTEM OWNER
An individual or entity who owns a property interest in a
building or structure in which an automatic fire alarm system is installed.
AUTOMATIC FIRE ALARM SYSTEM
An electronically activated, heat-activated, smoke-activated,
flame-energy-activated, or other such automatic device capable of
transmitting an alarm signal to the Townsend Fire-EMS Department (TFED)
by way of municipal master fire alarm box for the purpose of providing
a fire alarm signal to the TFED.
Every alarm system owner shall be responsible for updating the
information herein required to be provided to the Fire Chief. If the
information provided should change, the alarm system owner shall provide
the TFED with the updated information within 30 days of such change
and shall pay the fee, if any, required by this by-law.
If the alarm system owner fails to comply with this section,
the Fire Chief or his/her designee may assess a fine of $50. Each
day of noncompliance shall be considered a separate violation.
If there is an alarm system malfunction, as defined herein,
the Fire Chief or his/her designee may assess a fine against the building
owner for each malfunction according to the following schedule.
A. The
first through the third malfunction: no charge. Upon the recording
of the third malfunction by the TFED, the Fire Chief or his/her designee
shall notify the owner of the building, in writing and by certified
mail, of such fact, and at this time inform the owner of the TFED's
policy with regard to charging for malfunctions.
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The fourth malfunction: $50.
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The fifth and any subsequent malfunction: $100.
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B. Any malfunction which is the result of the failure of the alarm system owner, building owner, occupant or their authorized agents to notify the TFED of the repair, maintenance or testing of the internal alarm system within the protected premises, shall cause a penalty to the assessed in accordance with Subsection
A of this section.
C. For
the purpose of this by-law, a malfunction shall be defined as follows:
(1) The action by an alarm system owner or an owner, employee, agent,
or occupant of the protected premises, causing an accidental activation
of the internal fire alarm system.
(2) The operation of a faulty alarm system (including but not limited
to faulty control panel or associated equipment), an accidental operation
of an automatic sprinkler system or water pressure surge in automatic
sprinkler equipment.
D. Upon the conclusion of any appeals of fines pursuant to Article II, §
1-1 of the Code and MGL c. 40, § 21D, if the TFED is notified that a alarm system owner has failed to pay said fines, the TFED may, within its discretion, send written notice that failure to pay the fines within 30 days of mailing or delivery of the notice shall result in disconnection from the master box.
Any alarm system owner or building owner who is aggrieved by
an action taken by the Fire Chief under this by-law may, within 10
days from such action, file an appeal, in writing, to the Board of
Selectmen of the Town of Townsend. After notice, the Board shall hold
a hearing, after which it shall issue a decision in which it affirms,
annuls or modifies the action taken by the Fire Chief giving its reasons
therefor.
The Board shall send its decision to the owner by first class
mail within 10 days after the hearing. The decision of the Board shall
be a final administrative decision.
The Fire Chief may promulgate such regulations as may be necessary
to implement this by-law. The Fire Chief is authorized to pursue such
legal action as may be necessary to enforce this by-law.
All annual and connection fees herein shall be payable to the
TFED for deposit in the Fire Alarm Maintenance Account.
The provisions of this by-law shall be deemed to be severable,
and if any of its 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.
The Town of Townsend shall be under no duty or obligation to
maintain any specialized equipment or communication system for the
monitoring of fire alarm systems. The installation and maintenance
of automatic fire alarm systems permitted by this by-law shall be
made at no cost to the Town of Townsend.
No liability whatsoever is assumed by the Town of Townsend for
the failure of such fire alarm system or monitoring facilities or
for failure to respond to fire alarms, or for any other act or omission
in connection with such fire alarm systems. Each fire alarm system
owner shall be deemed to hold and save harmless the Town of Townsend,
its departments, officers, agents and employees for liability in connection
with the owner's fire alarm system.